Section 48 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 48 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal accountability of individuals who, while located outside India, abet crimes committed within the country.
📜 Legal Provision
Section 48 states:
"A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India."
This provision ensures that individuals who instigate, aid, or conspire to commit crimes within India, even from abroad, can be prosecuted under Indian law.
🔍 Key Features
Extra-Territorial Jurisdiction: Section 48 extends India's legal reach beyond its borders, holding individuals accountable for crimes they orchestrate from foreign countries.
Punishment: The punishment for abetment under this section aligns with the penalty for the principal offence committed in India. For example, if the abetted crime is punishable by life imprisonment, the abettor may face the same penalty.
Illustrative Example: If an individual in Country X instigates someone in India to commit murder, the person in Country X is guilty of abetting murder under Section 48.
🌐 Practical Implications
Cybercrimes: Individuals abroad who facilitate cybercrimes targeting Indian citizens or entities can be prosecuted under this section.
Terrorism and Organized Crime: Foreign nationals who plan or support terrorist activities or organized crimes in India can be held accountable.
International Cooperation: Enforcement of Section 48 may require collaboration with foreign governments, especially in cases involving extradition or mutual legal assistance treaties.
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