107 vs 45
The definition of legal participation and assistance in a crime transitions from IPC 107 to BNS 45.
What Changed?
Renumbered from IPC 107 to BNS 45.
The language defining Instigation, Conspiracy, and Intentional Aid remains identical.
Verdict
"Continuity in the legal standard for accomplice liability."
Detailed Analysis
107
Section Data Pending
45
Section Data Pending
Legal Implications
Practical Scenarios
"Providing tools for a robbery (BNS 45)."
"Urging someone to commit an assault (BNS 45)."
Expert Q&A
Is abetment a separate crime from the actual offence?
Yes. Abetment is a substantive offence in itself. You can be charged with abetment even if the actual crime was not committed.
What is the BNS equivalent of IPC 107 (Abetment)?
IPC Section 107 → BNS Section 45. All three limbs — instigation, conspiracy, and intentional aid (including by illegal omission) — are fully preserved.
Can abetment be committed by silence?
Generally no — mere silence is not abetment. However, the third limb expressly includes 'illegal omission' — deliberately failing to perform a legal duty to facilitate the crime. A security guard who deliberately disables CCTV knowing a theft is planned commits abetment by illegal omission.
What is the difference between abetment (107/BNS 45) and criminal conspiracy (120A/BNS 61)?
Criminal conspiracy requires a pre-existing agreement. Abetment does not — instigation can be spontaneous, and intentional aid requires no prior meeting. Additionally, criminal conspiracy is a standalone offence; abetment requires an offence to actually be committed for Section 109/BNS 48 to apply.
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