Section 46 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 46 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the offence of abetment, outlining who qualifies as an abettor and the circumstances under which they can be held liable.(
๐ Text of Section 46 โ Abettor
A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
๐งพ Key Provisions
Explanation 1: Abetting the illegal omission of an act can constitute an offence, even if the abettor is not legally obligated to perform that act
Explanation 2: It is not necessary for the act abetted to be committed, nor for the intended effect to be caused, for the offence of abetment to be constituted.
Explanation 3: The person abetted need not be legally capable of committing the offence, nor must they share the same intention or knowledge as the abettor
Explanation 4: The abetment of an offence is itself an offence; thus, abetting the abetment is also an offence.
Explanation 5: Conspiracy to commit an offence does not require direct collaboration with the person who commits the offence; it suffices if the abettor engages in the conspiracy leading to the offence.
โ๏ธ Comparison with Indian Penal Code (IPC)
Section 46 of the BNS aligns closely with Section 108 of the IPC, which defines abetment. Both sections outline the roles of individuals who instigate, conspire, or aid in the commission of an offence
๐ง Illustrative Examples
Example 1: If Person A instigates Person B to commit a murder, and Person B refuses, Person A is still guilty of abetting the murder.(
Example 2: If Person A instigates Person B to murder Person D, and Person B stabs Person D, but Person D survives, Person A is guilty of abetting the murder.
Example 3: If Person A instigates Person B, a child under seven years old, to commit an act causing Person Z's death, Person A is liable for murder, even though Person B is not legally capable of committing an offence.
๐ Contextual Significance
The inclusion of Section 46 in the BNS emphasizes the legal accountability of individuals who, through instigation, conspiracy, or assistance, contribute to the commission of offences. This provision ensures that all parties involved in the commission of a crime, directly or indirectly, can be held responsible under the law.
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