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IPC 109 → BNS 49: Punishment of Abetment

IPC Section 109 (Punishment of Abetment) under the old Indian Penal Code 1860 is now covered under Section 49 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

109

Punishment of Abetment

Punishment of abetment if the act abetted is committed in consequence

New Law — BNS 2023

49

Punishment of Abetment

Punishment / Liability
Same
Key Change / Note
Punishment same as for offence abetted

Facing a case under BNS 49?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 49.

What changed for IPC 109?

IPC 109 (Punishment of Abetment) — punishment of abetment if the act abetted is committed in consequence — now maps to BNS Section 49. Key change: Punishment same as for offence abetted. Punishment under BNS 49: Same.

Quick Summary: IPC 109 vs BNS 49

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 109 (Punishment of Abetment) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Punishment of Abetment now maps to BNS 49, and the position below reflects the current bare act.

What did IPC 109 cover?

IPC 109 dealt with punishment of abetmentpunishment of abetment if the act abetted is committed in consequence. Until 30 June 2024, every FIR and criminal trial for this offence 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, new complaints relating to punishment of abetment are filed under BNS Section 49, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 49

Same

Practical implications for advocates, police & citizens

  • Advocates: For punishment of abetment, cite the current provision BNS 49 rather than the repealed IPC 109 in all matters arising on or after 1 July 2024.
  • Police officers: Register new punishment of abetment FIRs under BNS 49; procedure follows the BNSS.
  • Law students & citizens: Use the IPC 109 to BNS 49 mapping when checking your position on punishment of abetment under the new law.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 109?

IPC Section 109 (Punishment of Abetment) is now covered under Section 49 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 49?

Same

What is the key difference between IPC 109 and BNS 49?

Punishment same as for offence abetted

Is IPC 109 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The punishment of abetment offence earlier in IPC 109 is now governed by BNS 49 — pending IPC 109 cases continue, but new FIRs cite BNS 49.

Case Law on Section 109

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