IPC · Chapter V · Of abetment
IPC section 108A, “Abetment in India of offences outside India”, is now BNS section 47 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.
Now BNS section 47, with the same rule. In the illustration, “Goa” (then outside India) becomes “country X”.
Indian Penal Code, 1860
A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.
A, in India, instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.
Bharatiya Nyaya Sanhita, 2023
A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.
Illustration.
A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.
The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.
