Criminal law’s notion of abetment, which deals with circumstances in which one person incites, encourages, or helps another commit an offence, is fundamental. Bhartiya Nyay Sanhita describes and expounds upon the legal ramifications of abetment, encompassing not only the act but also the abettor’s roles and responsibilities. Direct incitement, conspiracy, or assistance in the commission of a crime are all examples of aided behaviour. In some situations, the abettor may still be held accountable even if the crime is not eventually committed. Depending on the nature and result of the crime, people who aid or promote the commission of an offence are held accountable under the extensive provisions outlined in Sections 45 to 60 of the BNS.
The act of accelerating, supporting, or enabling another individual to commit a crime is referred to as “abetment” in criminal law. The BNS Sections 45 through 60 provide the legal framework that governs abetment (BNS). These sections explain the function of an abettor and the legal ramifications of aiding and abetting, whether or not an offense is committed.
Section 45: Who is an Abettor?
Section 45 defines a person as an abettor if they engage in any of the following:
- Instigating another person to commit a crime.
- Conspiring with one or more persons to commit a crime, leading to an act or illegal omission.
- Aiding by any act or omission the commission of a crime.
Illustration: If A falsely informs a police officer that C is Z, knowing C is not Z, and the officer arrests C due to this misrepresentation, A has abetted the wrongful apprehension of C.
Section 46: Abetment of an Offence
This section describes what constitutes abetment of an offence. It specifies that a person abets an offence not only by aiding the commission of an offence but also by encouraging the commission of an act which would be considered an offence if the abettor’s intentions were carried out.
Illustration: If A instigates B to commit murder, but B refuses, A is still guilty of abetment.
Section 47: Abetment in India for Offences Outside India
Section 47 clarifies that a person can be guilty of abetment in India even if the crime takes place outside India, as long as the act would have been considered an offence if committed in India.
Illustration: A, residing in India, instigates B, a foreigner in another country, to commit murder. A can be charged with abetment in India.
Section 48: Abetment Outside India for Offences Committed in India
Contrarily, Section 48 covers abetment from outside India for crimes committed within Indian territory. This section ensures that abettors cannot escape legal responsibility by being physically located outside India while aiding crimes within the country.
Section 49: Punishment for Abetment
If an act is committed due to abetment and no specific punishment is mentioned in the BNS for the abetment, the abettor will face the same punishment as the principal offender. The section also defines what it means for an offence to be committed “in consequence of abetment.”
Illustration: A instigates B to commit perjury. If B follows through, A will be punished the same as B.
Section 50: Abetment with a Different Intention
If the person abetted commits an offence with a different intention or knowledge than that of the abettor, the abettor will still be punished as if the crime had been committed with their intent.
Section 51: Liability for Different Acts
When an abettor instigates a person to commit a crime, and a different but related act is carried out, the abettor is liable for the act actually committed, provided it was a probable consequence of the abetment.
Illustration: If A instructs a child to poison Z, but the child mistakenly poisons Y instead, A is still liable for Y’s poisoning.
Section 52: Liability for Multiple Offences
If more than one offence is committed as a result of abetment, the abettor is liable for each offence.
Illustration: If A instigates B to resist a lawful distress, and B causes grievous hurt to an officer, A is liable for abetment of both the resistance and the grievous hurt.
Section 53: Liability for Unintended Consequences
This section states the liability of an abettor when the crime committed results in a different consequence from what was intended, provided the abettor knew the act was likely to cause such consequences.
Illustration: If A instructs B to cause grievous hurt to Z and Z dies, A can be held liable for murder if it was foreseeable that grievous hurt could result in death.
Section 54: Abettor Present at the Scene
If an abettor is present at the time of the commission of the offence, they are deemed to have committed the offence themselves.
Section 55: Abetment of Offences Punishable with Death or Life Imprisonment
If an offence punishable by death or life imprisonment is not committed, the abettor can still be sentenced to up to seven years’ imprisonment. If the abetment leads to the commission of a lesser offence that causes harm, the punishment increases to 14 years.
Section 56: Abetment of Offences Punishable with Imprisonment
This section states about the abetment of offences punishable with imprisonment. If the offence is not committed, the abettor can face imprisonment for up to one-fourth of the maximum punishment prescribed for the offence.
Illustration: A police officer who abets a robbery, even if the robbery is not committed, is liable for half the punishment prescribed for robbery.
Section 57: Abetment of Offence by Public
If a person abets a crime by the public or a group of more than ten persons, they can be imprisoned for up to seven years along with a fine.
Section 58: Concealing Design to Commit Offences Punishable with Death or Life Imprisonment
Anyone who knowingly conceals the design to commit an offence punishable by death or life imprisonment is liable to imprisonment for up to seven years if the offence is committed. If the offence is not committed, the imprisonment can extend up to three years.
Section 59: Public Servant Concealing Design to Commit an Offence
A public servant who conceals the design to commit an offence, particularly one they are duty-bound to prevent, faces punishment of up to half the maximum term for the offence.
Illustration: A police officer who conceals a plan to commit robbery is liable for punishment under this section.
Section 60: Concealing Design to Commit Offences Punishable with Imprisonment
This section applies to offences punishable with imprisonment. Concealing the design to commit such offences results in imprisonment for one-fourth or one-eighth of the maximum term if the offence is committed or not.
| Section | Description | Key Points |
| 45 | Abetment of a Thing (EARLIER U/S 107) | Instigating, conspiring, or aiding an act or omission. Misrepresentation or concealment can constitute abetment. |
| 46 | Abettor of an Offence (EARLIER U/S 108) | Abetting an offence, even if the abettor is not bound to do the act. Offence need not occur for abetment to be punishable. |
| 47 | Abetment Outside India (EARLIER U/S 108 A) | Abetting an offence in India from abroad or vice versa is punishable as if it were committed in India. |
| 48 | Abetment of Acts in India from Abroad (EARLIER U/S 108 A) | If someone abroad abets an act in India, it’s considered abetment in India. |
| 49 | Punishment for Abetment (EARLIER U/S 109) | If the act is done due to abetment, and no specific punishment is provided, the abettor gets the same punishment as the main offender. |
| 50 | Different Intent in Abetted Act (EARLIER U/S 110) | If the act is done with a different intent or knowledge than the abettor, the abettor is punished as if their intent was carried out. |
| 51 | Liability for Different Act (EARLIER U/S 111) | Abettor is liable for a different act done under their instigation if it’s a probable consequence. |
| 52 | Liability for Multiple Acts (EARLIER U/S 112) | Abettor is liable for all acts done, if they lead to multiple offences. |
| 53 | Liability for Different Effect (EARLIER U/S 113) | If the abetted act causes a different effect than intended, abettor is liable for the effect, especially if it was foreseeable. |
| 54 | Abettor Present at Scene (EARLIER U/S 114) | If an abettor is present during the commission of the offence, they are deemed to have committed the offence. |
| 55 | Abetment of Offence Punishable by Death/Life Imprisonment (EARLIER U/S 115) | If the offence is not committed, abettor is liable for up to 7 years of imprisonment. If the offence causes harm, up to 14 years of imprisonment. |
| 56 | Abetment of Offence Punishable by Imprisonment (EARLIER U/S 116) | Abettor gets one-fourth of the punishment for the offence, or half if they are a public servant. |
| 57 | Abetment by a Large Group (EARLIER U/S 117) | Abetting an offence by the public or a large group (more than 10 people) leads to imprisonment up to 7 years and fine. |
| 58 | Concealment of Design to Commit Offence (EARLIER U/S 118) | Concealing the design of an offence punishable by death or life imprisonment is punishable with up to 7 years of imprisonment if the offence is committed, and 3 years if not. |
| 59 | Public Servant Concealing Design to Commit Offence (EARLIER U/S 119) | Public servants concealing design of such offence are punished based on the severity of the concealed offence (half of the longest term of the main offence). |
| 60 | Concealment of Design to Commit Offence (Punishable by Imprisonment) (EARLIER U/S 120) | Concealing the design of an offence punishable by imprisonment attracts one-fourth of the term if committed, one-eighth if not. |
The BNS abetment provisions highlight the idea that criminal responsibility extends to those who assist in committing a crime. Laws are designed to discourage not just direct criminal activity but also indirect contributions by holding people accountable for their role in inciting or assisting an incident. The BNS makes a precise distinction between various types of abetment and prescribes suitable penalties according to the gravity of the act and its repercussions. In the end, the abetment laws make sure that everyone connected to an offense—directly or indirectly—is held accountable for their actions and faces consequences from the law. This strengthens the criminal justice system.
SOURCE – PRSIndia
READ ALSO – RIGHT OF PRIVATE DEFENCE UNDER BNS (SECTION 34 – 44)
