Section 171 of the Bharatiya Nyaya Sanhita (BNS), 2023

๐Ÿ“˜ Section 170 โ€“ Who is an Abettor?

๐Ÿ”น Overview:

Section 170 defines the term โ€œAbettorโ€ in criminal law under the Bharatiya Nyaya Sanhita, 2023. It explains what it means to abet an offence, i.e., to encourage or help someone to commit a crime.

๐Ÿ” Detailed Explanation:

โœ… What is Abetment?

A person is called an โ€œAbettorโ€ if they:

Instigate another person to commit an offence, or

Engage in conspiracy with others to commit an offence, or

Intentionally aid a person in committing an offence.

๐Ÿ”น Breaking it Down:

Instigation means encouraging, provoking, or inciting someone to commit a crime.

Example: Urging a person to commit theft.

Conspiracy means an agreement between two or more people to commit a crime.

Example: Planning together to commit robbery.

Intentional aid means knowingly assisting someone in committing the crime, such as providing tools or helping escape.

Example: Providing a weapon to a person intending to assault someone.

๐Ÿ”ธ Key Elements of Abetment:

The abettor must intend that the offence should be committed.

The help or encouragement must be linked to the commission of the crime.

Abetment can be by words, actions, or agreements.

๐Ÿ“Œ Significance:

This section helps to hold accountable those who do not directly commit the crime, but play a role in its commission.

It extends criminal liability to instigators, conspirators, and helpers.

๐Ÿง  Example:

Person A plans with Person B to rob a bank (conspiracy). Person A supplies masks and weapons (intentional aid). Person B commits the robbery. Both A and B can be held liable โ€” Person A as an abettor.

๐Ÿ”š Summary:

Section 170 BNS, 2023 defines an abettor as someone who either instigates, conspires, or intentionally aids another person to commit a crime.

It is essential for prosecuting those who assist or encourage crimes without directly carrying them out.

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