IPC 109 → BNS 49: Punishment of Abetment

Quick Summary: IPC 109 vs BNS 49

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 109 (Punishment of Abetment) is now mapped to BNS Section 49.

What did IPC 109 cover?

IPC 109 dealt with punishment of abetment — punishment of abetment if the act abetted is committed in consequence. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 49: What changed in the new law?

Punishment same as for offence abetted. From 1 July 2024, all new criminal complaints relating to punishment of abetment are filed under BNS Section 49. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 49

Same

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 49 instead of IPC 109.
• Police officers: Use BNS 49 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 109 ↔ BNS 49 mapping.