Section 117 IPC: Abetting Commission of Offence by the Public or by More Than Ten Persons

Section 117 of the Indian Penal Code, 1860 punished the abetment of an offence where the intended offenders were the public generally or a number or class of persons exceeding ten. The provision addressed abetment directed at collective commission of an offence rather than only at a particular individual.

Legal position covered: This article explains Section 117 IPC under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force. It is an IPC reference for the pre-BNS regime and matters preserved after repeal.

Text of Section 117 IPC

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 three years, or with fine, or with both.

Meaning and scope of Section 117

The section applied to abetment aimed at the commission of an offence by the public generally or by a group or class exceeding ten persons. Its wording therefore focused on the scale or collective character of the persons whose commission of the offence was abetted.

The phrase "exceeding ten" means that the relevant number or class must consist of more than ten persons. The alternative expression "public generally" is separately stated in the provision and is not expressed as depending upon a numerical count.

Punishment under Section 117 IPC

A person falling within Section 117 was punishable with imprisonment of either description for a term which could extend to three years, or with fine, or with both.

Essential requirements

There must be abetment of the commission of an offence.
The abetment must concern commission of the offence by the public generally, or by a number or class of persons exceeding ten.
The conduct must amount to abetment under the applicable IPC principles.
The punishment prescribed by Section 117 may extend to three years' imprisonment, or fine, or both.

Statutory 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.

Meaning of abetment

Section 107 IPC set out the modes of abetment, including instigation, conspiracy accompanied by the act or illegal omission required by that provision, and intentional aid. Section 108 IPC dealt with the meaning of an abettor. These provisions supplied the general IPC framework for understanding the expression "abets" used in Section 117.

How Section 117 differs from Sections 115 and 116

Section 115 IPC dealt with specified abetment of an offence punishable with death or imprisonment for life where the offence was not committed. Section 116 IPC dealt with abetment of an offence punishable with imprisonment where the offence was not committed, subject to its stated conditions. Section 117 instead focused specifically on abetting commission of an offence by the public generally or by a number or class exceeding ten persons.

Historical status after commencement of BNS

The Bharatiya Nyaya Sanhita, 2023 repealed the Indian Penal Code and, except for the separately treated provision in Section 106(2), came into force on 1 July 2024. The repeal-and-savings provision preserves the previous operation of the IPC and specified rights, liabilities, penalties, investigations and proceedings. This page therefore presents Section 117 IPC for the requested pre-BNS legal regime and saved matters rather than as the provision governing new post-commencement conduct.