LawRato
BNS Section 55

Abetment of offence punishable with death or imprisonment for life

(1)Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(2) If any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Illustrations

A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.


LawRato 641+ Lawyers are online

Connect with a criminal lawyer in one minute




Key Points on BNS-55

BNS-55 outlines legal provisions related to the abetment of serious offences, such as those punishable by death or life imprisonment. The section deals with situations where the offence has not been committed but abetment has occurred. Below are the critical points and definitions explained:

1. Abetment

• Definition: Abetment refers to encouraging, aiding, or instigating another person to commit an offence.

• Types: It can include providing resources, planning, or even morally supporting the offender in committing a crime.

2. Punishment for Abetment of a Serious Offence (Not Committed)

• Offences Covered: The section applies to abetment related to offences punishable by death or imprisonment for life.

• Punishment (Clause 1): If the offence is not committed due to the abetment, the abettor can be sentenced to imprisonment for up to seven years and may also be fined.

o This ensures that even unsuccessful attempts to promote or aid such serious crimes are punishable.

• No Express Provision: If no specific punishment is mentioned elsewhere for such abetment, this clause provides the standard punishment.

3. Aggravated Abetment with Injury (Clause 2)

• Hurt Caused: If the abetment leads to an act that causes hurt to another person (even if the primary offence isn't fully committed), the punishment becomes more severe.

• Punishment (Clause 2): The abettor can be sentenced to up to fourteen years of imprisonment and fined.

o This increases accountability when the abetment results in actual harm, even if the full crime isn’t carried out.

4. "Either Description" of Imprisonment

• The term refers to either rigorous imprisonment (with hard labor) or simple imprisonment (without hard labor), giving courts flexibility based on the case's severity.

Summary

Abetment of serious crimes (punishable by death/life imprisonment) is punishable even if the offence isn't completed.

• Punishment ranges from 7 years to 14 years, depending on whether harm was caused as a result of the abetment.

• Fines may also be imposed alongside imprisonment.

BNS-55 emphasizes that inciting or supporting dangerous crimes, even if incomplete, is taken seriously by the law.


Offence : Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment.


Punishment : Imprisonment for 7 years and fine.


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


Bailable or Non-bailable : Non-bailable.


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


Offence : If an act which causes harm to be done in consequence of the abetment.


Punishment : Imprisonment for 14 years and fine.


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


Bailable or Non-bailable : Non-bailable.


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




Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.


Find the best lawyer for BNS Section 55 charges

Comments by Users


No Comments! Be the first one to comment.

User Reviews


LawRato LawRato LawRato LawRato LawRato 4.5 - 12597 votes