Bharatiya Nyaya Sanhita, 2023 - Chapter IV

Section 57 BNS: Abetting Commission of Offence by Public or More Than Ten Persons

Section 57 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who abets the commission of an offence by the public generally, or by any number or class of persons exceeding ten.

Law: Bharatiya Nyaya Sanhita, 2023 Act: Act 45 of 2023 Section: 57 Chapter: IV - Of Abetment, Criminal Conspiracy and Attempt In force: 1 July 2024

Text of Section 57 BNS

57. Abetting commission of offence by public or by more than ten persons. Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine.

Meaning of Section 57

The section targets abetment directed at a large or collective group. It applies where the person accused of abetment seeks to bring about an offence through the public generally, or through a number or class of persons that exceeds ten.

Who must be targeted? The public generally, or a number or class of persons exceeding ten.
Maximum punishment Imprisonment of either description for up to seven years and fine.

Meaning of "Abetment" under Section 45 BNS

Section 45 of the BNS explains when a person abets the doing of a thing. Abetment may arise where a person:

  • instigates another person to do that thing;
  • engages with one or more persons in a conspiracy for doing that thing, provided an act or illegal omission occurs in pursuance of the conspiracy and in order to do the thing; or
  • intentionally aids the doing of that thing by an act or illegal omission.

Section 45 also explains that wilful misrepresentation or wilful concealment of a material fact which a person is bound to disclose may amount to instigation where it voluntarily causes, procures, or attempts to cause or procure the thing to be done.

Essential Ingredients of Section 57

For Section 57 to apply, the prosecution would ordinarily need to establish:

  • there was abetment within the meaning of the BNS;
  • the abetment concerned the commission of an offence;
  • the intended commission was by the public generally, or by a number or class of persons exceeding ten; and
  • the required mental element for the alleged form of abetment is proved from the facts and evidence.

Punishment under Section 57

A person convicted under Section 57 may be sentenced to imprisonment of either description for a term extending up to seven years and is also liable to fine. The phrase "either description" refers to the forms of imprisonment recognised by the BNS, subject to the applicable sentencing provisions and the order of the court.

Statutory Illustration

A puts up a placard in a public place instigating a sect consisting of more than ten members to meet at a specified time and place for the purpose of attacking members of an adverse sect while they are engaged in a procession. The illustration states that A has committed the offence defined in Section 57.

Why Section 57 Is Distinct

Section 57 is not confined to abetment of one identified individual. Its focus is collective abetment involving the public generally or a sufficiently large number or class of persons. The statutory threshold is more than ten persons, not ten persons exactly.

Commencement of the Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 received presidential assent on 25 December 2023. By notification dated 23 February 2024, the Central Government appointed 1 July 2024 as the date on which the BNS came into force, except Section 106(2).

Official References

Note: This page reproduces and explains the statutory provision for general legal information. Application of Section 57 depends on the facts, evidence, nature of the alleged abetment, and other applicable provisions of the BNS and procedural law.