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Section 57: Abetting Offence by Public or More Than Ten Persons

Bharatiya Nyaya Sanhita • Chapter IV: Of Abetment, Criminal Conspiracy & Attempt • Official Statutory Text & Legal Guide

Chapter IV: Of Abetment, Criminal Conspiracy & Attempt
Court by which offence abetted is triable
According as offence abetted is bailable or non-bailable
According as offence abetted is cognizable or non-cognizable
Formerly Sec 117 IPC
Section 56 All 358 Sections of Bharatiya Nyaya Sanhita Section 58

Legal Commentary & Landmark Judgments: Section 57

Section 57 penalizes abetting the commission of an offence by the public or by more than ten persons, prescribing imprisonment of either description for a term which may extend to three years, and fine.

  • Mass Incitement Offence: Applies to instigating the general public or any class of persons exceeding ten persons (e.g. inflammatory speeches inciting mobs to riot or lynch).
  • Public Tranquillity Protection: Penalizes the dangerous proliferation of mob violence and mass civil unrest.
  • Independent of Result: Punishable whether the public actually commits the offence or not, punishing the act of public instigation itself.
Key Landmark Precedents:
  • Kedar Nath Singh v. State of Bihar (AIR 1962 SC 955): A Constitution Bench held that public incitement to violence or public disorder is punishable under penal rules, distinguishing lawful political agitation from criminal incitement to riot.
  • Bilal Ahmed Kaloo v. State of A.P. (1997) 7 SCC 431: Reaffirmed that incitement targeting groups or the public requires clear proof of promoting violence or hatred.
Courtroom Practice & Strategic Litigation Guidance:

In defending social media activists or union leaders charged under Section 57 BNS for organizing protests, analyze the speech transcripts: prove that the call was for peaceful strike action or legal assembly without words inciting damage or physical assault.

Section 56 All 358 Sections of Bharatiya Nyaya Sanhita Section 58