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BNS Section 49

Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence.

Expanation. An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

 

Illustrations

(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z'death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.


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1. Abetment Defined:
Abetment refers to the act of encouraging, aiding, or conspiring with someone to commit an offence. It can occur through:

Instigation: Encouraging or provoking another person to commit a crime.
Conspiracy: Agreeing with others to commit a crime.
Aid: Providing assistance or support that leads to the crime being committed.

2. Punishment for Abetment:
If an offence is committed as a direct result of the abetment and no specific punishment for abetment is mentioned in the law, the abettor (the person abetting) will face the same punishment as the person who committed the crime.

3. Explanation of Consequence:
The offence is said to be committed "in consequence of abetment" when it is carried out:

Following instigation.

  • As a result of a conspiracy.
  • With the aid that constitutes abetment.


4. Illustrations:
These are practical examples to understand how abetment works:

Illustration (a): A instigates B to give false evidence in court. B gives false evidence, making A liable for abetting B and facing the same punishment as B for false evidence.

Illustration (b): A and B conspire to murder Z by poisoning. A provides the poison to B, and B administers it to Z, causing Z’s death. B is guilty of murder, and A, though absent during the act, is guilty of abetting the murder through conspiracy. Both face the same punishment for murder.

Key Takeaways:
Abetment is a serious offence under the BNS, and if an abetted act leads to a crime, the abettor is punished just like the offender.

Even if the abettor is not physically present during the crime, they are held responsible if their instigation, conspiracy, or aid contributed to the offence.

This law ensures accountability for those who indirectly participate in criminal activities through abetment.


Section 49 BNS

Offence : Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment.


Punishment : Same as for offence abetted.


Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.


Bailable or Non-bailable : According as offence abetted is bailable or non-bailable.


By what Court triable : Court by which offence abetted is triable.




Browse through our complete index of all BNS sections. Learn about the Bharatiya Nyaya Sanhita with our extensive resource that covers every section in detail.


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