Introduction of BNS Section 57
BNS Section 57 is designed to handle cases where a person motivates or helps a large group of people, or the public in general, to commit a crime. This section aims to prevent the misuse of influence over large groups, ensuring that individuals cannot incite mass violence or unrest without facing legal consequences.
The Bharatiya Nyaya Sanhita (BNS) Section 57 replaces the old Indian Penal Code (IPC) Section 117.
- Introduction of BNS Section 57
- What is section 57 of BNS ?
- BNS Section 57 in Simple Points
- Section 57 BNS Overview
- BNS 57 Punishment
- BNS 57 bailable or not ?
- Bharatiya Nyaya Sanhita Section 57
- BNS Section 57 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 57 of BNS ?
BNS Section 57 deals with the situation where someone encourages or supports the public or a group of more than ten people to commit an offence. If found guilty, the person can be punished with imprisonment for up to seven years and may also have to pay a fine.
BNS Section 57 in Simple Points
BNS Section 57 deals with cases where someone encourages, supports, or provokes the public at large or a group of more than ten people to commit a crime. The focus of this law is to prevent mass offences that could disturb public peace and safety.
Example: If a person gives a speech urging a crowd of 20 people to attack shops, they are guilty under this section.
2. Essential Ingredients
For this section to apply, three main things must exist:
- Abetment → Someone must provoke, encourage, or help others commit a crime.
- Large group involved → The abetment must be directed at the public or more than ten people.
- Intention → Even if the crime is not committed, the act of abetment itself is punishable.
3. Punishment under BNS Section 57
- Imprisonment up to 7 years.
- Fine (amount decided by the court).
- Both imprisonment and fine may be imposed.
Example: If a leader incites a mob to burn vehicles, even if the mob does not act, the leader can face up to 7 years in jail.
4. Nature of the Offence
- Cognizable → Police can arrest without a warrant.
- Non-Bailable → Bail is not automatic; court decides.
- Trial by → The court that tries the original abetted offence will also handle this case.
5. Illustrative Examples
- Social Media Post → A person posts online urging thousands to vandalize government property. They can be punished under this section.
- Protest Leader → A leader incites a crowd of 50 people to loot shops. Even if no loot happens, he is guilty.
- Pamphlet Circulation → A person distributes leaflets encouraging violence against a community. He is punishable under this law.
6. Importance of Section 57
- Prevents large-scale violence.
- Holds influential people accountable for misusing their position.
- Ensures that public order and peace are maintained.
- Expands the punishment compared to IPC 117 (from 3 years to 7 years).
Section 57 BNS Overview
BNS Section 57 is a law that applies when someone encourages or supports a large group of people, or the public in general, to commit a crime. If found guilty, the person can be punished with imprisonment for up to seven years and may also have to pay a fine.
BNS Section 57 important Key points
1. Encouragement of Crime
If you encourage, help, or convince someone to commit a crime, you can still be punished — even if the crime never actually happens. The law focuses on your intention and your effort to push someone toward wrongdoing. The simple act of encouraging crime is dangerous, so the law treats it as a punishable offence by itself.
2. Punishment Length
The punishment for encouraging a crime depends on the maximum punishment of the crime itself. You can be punished with up to one-fourth of the maximum prison term of that crime. For example, if the full crime has a punishment of 8 years, then your punishment can go up to 2 years. This ensures fairness because the punishment for abetment is less than for the actual crime, but still serious.
3. Public Servants
If the person encouraging the crime is a public servant (like a police officer, judge, or government officer), then the law is stricter. They can face punishment of up to half of the maximum punishment for the crime encouraged. This is because public servants are trusted to maintain law and order, so when they encourage crime, their betrayal is treated more seriously.
4. Fines
Apart from prison, the court may also impose a fine. This means even if you are sentenced to jail, you may also have to pay money as punishment. In some cases, the fine can be quite high depending on the seriousness of the crime you encouraged.
5. Imprisonment or Fine
The punishment does not always have to be both jail and fine together. Depending on the circumstances, the court can give you only imprisonment, only a fine, or both imprisonment and a fine. This flexibility allows the court to match the punishment to the seriousness of your involvement.
6. No Crime Committed
One of the most important points is that you are still punishable even if the crime is not committed. The law is strict here because it wants to stop crime at the planning or encouragement stage itself. This means the mere act of persuading someone to commit a crime is enough for legal action, even if the plan fails.
7. Non-Compounding
The offence under this section is non-compoundable. This means the case cannot be settled privately between the parties. It must go through the legal process in court. You cannot simply “pay off” the victim or make a private agreement to avoid punishment.
8. Cognizable or Non-Cognizable
The seriousness of your offence depends on the crime you encouraged. If the crime was a serious one (cognizable), the police can register the case and arrest without a warrant. If it was a less serious one (non-cognizable), then the police need court permission to proceed. This ensures that bigger crimes are treated more urgently.
9. Legal Process
The trial for your case will happen in the same court that deals with the crime you encouraged. So, if you encouraged theft, the case will be tried in the court that handles theft cases. This makes the process straightforward and ensures the trial is handled by the right court.
10. Different Types of Crimes
This section applies to all crimes punishable with imprisonment, whether big or small. So, it covers a wide range of offences — from minor ones like assault or petty theft to major ones like robbery or fraud. As long as the crime is punishable by imprisonment, abetment of that crime falls under this section.
BNS 57 Punishment
Imprisonment: You can be imprisoned for up to 7 years. This means spending time in jail for the offence.
Fine: You may also be required to pay a fine. The amount of the fine will be determined by the court.
BNS 57 bailable or not ?
BNS Section 57 is non-bailable, meaning that if someone is arrested under this section, they cannot automatically get bail. The decision to grant bail lies with the court.
Comparison: BNS Section 57 vs IPC Section 117
Comparison: BNS Section 57 vs IPC Section 117
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 57 | Abetting the commission of an offence by the public or by more than ten persons. | Imprisonment up to 7 years and fine. | Non-Bailable | Cognizable – police can arrest without a warrant. | The court which tries the abetted offence. |
| IPC Section 117 (Old) | Abetting the commission of an offence by the public or by more than ten persons. | Imprisonment up to 3 years or fine or both. | Non-Bailable (depending on the abetted offence). | Cognizable – police could arrest without warrant in certain cases. | The court which had jurisdiction over the abetted offence. |
BNS Section 57 FAQs
What is BNS Section 57?
It deals with cases where someone encourages a large group of people or the public to commit a crime.
What is the punishment under BNS Section 57?
The punishment can be imprisonment for up to seven years and a fine.
Is BNS Section 57 cognizable?
Yes, it is a cognizable offence, meaning the police can arrest without a warrant.
Is BNS Section 57 bailable?
No, it is a non-bailable offence.
Which court handles cases under BNS Section 57?
The court that tries the offence abetted by the public or group of people will handle the case.
Conclusion
BNS Section 57 plays a crucial role in maintaining law and order by punishing those who misuse their influence to incite large groups or the public to commit crimes. By extending the punishment up to 7 years of imprisonment and fine, the law ensures stricter control over mass violence, riots, and public disorder. Unlike its predecessor IPC Section 117, this provision under BNS gives stronger protection to society by holding individuals accountable for inciting collective crimes, even if the actual offence is not carried out.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.
Finished with BNS 57 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 58 : Concealing design to commit offence punishable with death or imprisonment for life.
- https://marriagesolution.in/bns_section/bns-section-58/
- BNS 59 : Public servant concealing design to commit offence which it is his duty to prevent .
- https://marriagesolution.in/bns_section/section-59-bns/
- BNS 60 : Concealing design to commit offence punishable with imprisonment .
- https://marriagesolution.in/bns_section/section-60-bns/
- BNS 61 : Criminal conspiracy.
- https://marriagesolution.in/bns_section/bns-section-61/
- BNS 61 : Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.
- https://marriagesolution.in/bns_section/bns-section-62/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list