Abettor when liable to cumulative punishment for act abetted and for act done
BNS Section 52, pertaining to the Bharatiya Nyaya Sanhita (BNS) 2023, deals with the concept of cumulative punishment for abettors when an act abetted results in multiple distinct offenses.
IPC section 112
If the act for which the abettor is liable under Section 51 is committed in addition to the act abetted and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
Illustrations: A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.
Example 1: Vijay instigates Rakesh to resist by force, distress made by a police officer. In making such resistance, Rakesh voluntarily causes grievous hurt to the police officer. Rakesh and Vijay will both be punished for resisting the police officer and also for causing him hurt. Vijay will be punished in the capacity of the abbettor, as he was aware that resistance would also lead to causing hurt to the police officer.
Offence : Abettor when liable to cumulative punishment for act abetted and for act done.
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.
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