Section 55 BNS: Abetment of Offence Punishable with Death or Imprisonment for Life
Section 55 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment for abetting an offence punishable with death or imprisonment for life where the offence is not committed in consequence of the abetment and no express provision separately provides punishment for that abetment.
Text of Section 55 of the Bharatiya Nyaya Sanhita, 2023
55. Abetment of offence punishable with death or imprisonment for life. Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
Illustration Under Section 55 BNS
Illustration. A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.
Meaning of Section 55 BNS
Section 55 applies to serious offences for which the substantive punishment is death or imprisonment for life. It operates where the principal offence is not actually committed in consequence of the abetment and where the BNS does not contain a separate express provision prescribing punishment for that particular abetment.
The section creates two punishment levels. The ordinary punishment may extend to seven years plus fine. A higher punishment may extend to fourteen years plus fine where an act for which the abettor is liable in consequence of the abetment is done and that act causes hurt to any person.
Essential Conditions for Section 55 to Apply
- There must be abetment of an offence punishable with death or imprisonment for life.
- The offence abetted must not be committed in consequence of the abetment.
- No express provision under the BNS must separately prescribe punishment for that abetment.
- For the enhanced punishment, an act for which the abettor is liable in consequence of the abetment must be done.
- That consequential act must cause hurt to a person.
Punishment Under Section 55 BNS
Where the offence is not committed: imprisonment of either description for a term which may extend to seven years, along with liability to fine.
Where a consequential act causes hurt: imprisonment of either description for a term which may extend to fourteen years, along with liability to fine.
Why Section 55 Applies Even When the Main Offence Is Not Committed
The provision recognizes that abetment of a very serious offence may itself justify substantial punishment even if the offence ultimately does not occur. The punishment is therefore attached to the abetment of a capital or life-imprisonment offence, subject to the statutory conditions.
Relationship with Section 54 BNS
Section 54 BNS deals with an abettor who is present when the act or offence is committed and deems that person to have committed the act or offence. Section 55 applies instead where the serious offence abetted is not committed in consequence of the abetment.
Relationship with Section 56 BNS
Section 56 BNS deals with abetment of offences punishable with imprisonment where the offence is not committed and no express punishment is otherwise provided. Section 55 is the corresponding special provision for offences punishable with death or imprisonment for life.
Relationship with Sections 51 to 53 BNS
Section 51 BNS concerns liability where a different act is done, Section 52 BNS addresses cumulative punishment for distinct offences, and Section 53 BNS concerns a different effect caused by the act abetted. These provisions form part of the same statutory framework governing the consequences of abetment.
Practical note: The applicability of the seven-year or fourteen-year limb depends on the offence abetted, whether the principal offence was committed, whether another act was done in consequence of the abetment, whether that act caused hurt, and whether another express punishment provision governs the particular abetment.
Official References
- India Code: The Bharatiya Nyaya Sanhita, 2023
- Ministry of Home Affairs: New Criminal Laws
- Ministry of Home Affairs: Judicial Division
Frequently Asked Questions
What does Section 55 BNS cover?
It covers abetment of an offence punishable with death or imprisonment for life where the offence is not committed in consequence of the abetment and no express provision separately provides punishment for that abetment.
What is the maximum punishment under Section 55 where the offence is not committed?
The punishment may extend to seven years of imprisonment of either description, and the person is also liable to fine.
When can the punishment extend to fourteen years?
If an act for which the abettor is liable in consequence of the abetment is done and that act causes hurt to any person, the imprisonment may extend to fourteen years, along with liability to fine.
When did Section 55 BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, except for the separately excluded provision in Section 106(2).