IPC Section 108A is now BNS 47: Abetment in India of offences outside India
Indian Penal Code, 1860 · applies to offences and proceedings before 1 July 2024
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Word “Goa” is replaced by “country X” in illustration.
Printed in both official correspondence tables (BPR&D and NCRB).
IPC 108A: Abetment in India of offences outside India
Before 1 July 2024
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].
Illustration A, in [India], instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.]
BNS 47: Abetment in India of offences outside India
From 1 July 2024
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.
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 108A
They remain the law on IPC 108A. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 7.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 28.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.