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Indian Penal Code, 1860

IPC Section 108 in BNS

§ 108 IPC→§ 46 BNS

Abettor. Section 108 of the Indian Penal Code, 1860 (Abettor) corresponds to Section 46 of the Bharatiya Nyaya Sanhita, 2023.

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, IPC & Bharatiya Nyaya Sanhita, worth 18 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

A woman shall ordinarily be arrested:

Answer & explanation

By a woman police officer, and not between sunset and sunrise save exceptionally

The safeguard requires prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed where arrest outside the permitted hours is necessary.

Where to find it: BNSS, Chapter V

A woman is to be arrested in connection with a cognizable offence. Which of the following is NOT required by the Bharatiya Nagarik Suraksha Sanhita, 2023?

Answer & explanation

Prior written authorisation of a Judicial Magistrate in every case

There is no requirement of prior written authorisation for every arrest of a woman. The night-time restriction and the woman-officer requirement are the safeguards; magisterial permission is needed only for a night arrest.

Where to find it: Chapter V — Arrest of Persons

Abetment of suicide is punishable under:

Answer & explanation

Section 108 BNS

BNS Section 108 corresponds to IPC Section 306, punishable with imprisonment up to ten years and fine. Instigation must be proximate and there must be a positive act to instigate.

Where to find it: BNS, Chapter VI

Sections either side of it

How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:

IPCProvisionBNS
105Commencement and continuance of the right of private defence of property43
106Right of private defence against deadly assault when there is risk of harm to innocent person44
107Abetment of a thing45
108AAbetment in India of offences outside India47
109Punishment of abetment if the act abetted is committed49
110Punishment of abetment if person abetted does act with different intention50

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IPC→BNS table