सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 57

Abetting commission of offence by public or by more than ten persons

Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine. Illustration. A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.

Why this exists

This provision, carried over from Section 117 of the Indian Penal Code, addresses situations where mass instigation can lead to widespread violence or crime — such as inciting a mob or a religious/community group. Historically, colonial-era lawmakers recognized that inciting large crowds posed a distinct danger from individual abetment, since it could trigger riots, communal violence, or organized crime, and needed a separate, serious punishment even if the incited crime never actually occurred.

How courts read it

Courts have generally held that this section applies even if no offence is actually committed by the group — the act of instigating or encouraging more than ten people (or the public) is itself punishable. Judicial interpretation under the corresponding IPC provision emphasized that the incitement must be aimed at a group exceeding ten people or the public at large, distinguishing it from ordinary abetment (which applies to abetting one or a few individuals). Courts have also looked at illustrations like public placards, speeches, or pamphlets urging mass action as classic examples covered by this section.

Common misconceptions
  • Myth: You can only be punished if the crowd actually commits the crime you encouraged.
    Fact: The offence is complete once you instigate or encourage more than ten people or the public — it doesn't require the crime to actually be carried out.
  • Myth: This section only applies to political or religious mobs.
    Fact: It applies to any situation where more than ten people, or the public generally, are incited to commit any offence, regardless of the context.