IPC Section 109 = BNS Section 49

Punishment of Abetment if Act Abetted is Committed

दुष्प्रेरित कार्य किए जाने पर दंड

Criminal Conspiracy, Abetment & Attempt No Change in Punishment Non-Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 109 of the IPC provided that an abettor shall be punished with the same punishment as the principal offender if the act abetted is committed. Under BNS 2023, this is now Section 49.

Hindi IPC की धारा 109 दुष्प्रेरित कार्य किए जाने पर दुष्प्रेरक को समान दंड का प्रावधान करती थी। BNS 2023 के तहत यह अब धारा 49 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 109 Section 49
Title Punishment of Abetment if Act Abetted is Committed Punishment of Abetment
Punishment Same punishment as for the principal offence Same punishment as for the principal offence
Cognizable No — Warrant required for arrest
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Same as for principal offence

Key Changes

  • Section number changed from IPC 109 to BNS 49
  • Punishment principle remains the same
  • No substantive changes

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 The accused abetted the commission of an offence
  2. 2 The offence was actually committed as a consequence of the abetment

Frequently Asked Questions

What is the BNS equivalent of IPC Section 109?

IPC Section 109 (Punishment of Abetment if Act Abetted is Committed) is now BNS Section 49 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment changed from IPC 109 to BNS 49?

No, the punishment remains substantially the same. Under BNS 49: Same punishment as for the principal offence.

Is BNS Section 49 cognizable?

No, BNS Section 49 is a non-cognizable, non-bailable, and non-compoundable offence.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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