Bharatiya Nyaya Sanhita, 2023 — Section 57

Abetting Commission of Offence by Public or by More Than Ten Persons

Section 57 punishes abetment aimed not at a specific individual but at the public generally, or at any number or class of persons exceeding ten — recognising that instigating a large, undefined group carries its own distinct danger. Whoever does so is punished with imprisonment of either description for a term which may extend to seven years, and with fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which itself flags this section as changed, and cross-checked directly against the bare text of both Acts. Section 57 is marked Substantively changed:

BNS 57	Covers	IPC, 1860 equivalent	Category
57	Abetting commission of offence by the public or by more than ten persons	S.117 (punishment increased)	Substantively changed

Comparing the bare text directly, the conduct described — abetting an offence by the public generally or by more than ten persons — and the illustration are word-for-word identical to old IPC Section 117. The precise textual delta is in the punishment clause: IPC 117 provided "imprisonment of either description for a term which may extend to three years, or with fine, or with both," making the fine optional and capping imprisonment at three years. BNS 57 provides "imprisonment of either description for a term which may extend to seven years and with fine," more than doubling the maximum term and making the fine mandatory rather than optional.

Quick Reference

Section 57 is a punishment provision for a distinct form of abetment — one directed at the public generally or at a large group rather than at an identified individual. It is classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words each entry:

Punishment — “Imprisonment which may extend to 7 years and fine.” · cognizable or non-cognizable — “According as offence abetted is cognizable or non-cognizable.” · bailable or non-bailable — “According as offence abetted is bailable or non-bailable.” · triable by — “Court by which offence abetted is triable.”
Compoundable: Not listed in either compounding table of BNSS S.359. (Separately, BNSS S.359(3) provides that where an offence is compoundable under that section, the abetment of that offence may be compounded in like manner.)

What it requires: the accused abetted the commission of an offence, and did so by the public generally, or by any number or class of persons exceeding ten.
Punishment: imprisonment of either description for a term which may extend to seven years, and fine (the fine is mandatory, not merely optional).

Statutory Text (Verbatim)

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.

Illustration.
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Abetment aimed at a crowd, not an individual

Explanation (Lexovia's Commentary)

Most abetment provisions in this Chapter are framed around abetting a particular person or persons. Section 57 addresses a different situation: abetment of an offence by the public generally, or by any number or class of persons exceeding ten. The Sanhita makes this a standalone offence in itself, with its own punishment, now set at up to seven years' imprisonment plus a mandatory fine.

Illustration (Lexovia's Own Example)

A posts a message in a public online community with more than a hundred members, urging the members to gather outside a rival group's office the following evening and forcibly stop their meeting from taking place. Whether or not the members actually gather and disrupt the meeting, A has abetted the commission of an offence by a number of persons exceeding ten, and is liable under Section 57 to imprisonment of either description for a term which may extend to seven years, and fine.

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Related / Cross-Referenced Sections

FAQs

How many people need to be involved for Section 57 to apply?

The abetment must be directed at the public generally, or at any number or class of persons exceeding ten.

Does the offence abetted need to actually happen for Section 57 to apply?

No. The statute's own illustration confirms the offence is complete once the abetment is done, regardless of whether anyone in the group actually goes on to commit the underlying offence.

Is the fine optional under Section 57?

No. Section 57 requires imprisonment of either description for a term which may extend to seven years, and fine — the fine is mandatory, unlike the corresponding old IPC provision where it was optional.