Section 48 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 48 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the issue of abetment committed outside India for an offence within India. It establishes that a person who abets the commission of an act in India, which would constitute an offence if committed within India, is considered to have abetted an offence under this Sanhita, even if the act of abetment occurs outside the country.
Text of Section 48
Section 48 – Abetment outside India for offence in India
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
Illustration:
A, in country X, instigates B to commit a murder in India. A is guilty of abetting murder.
Key Points
Jurisdictional Reach: This provision extends India's jurisdiction to actions taken outside its borders, holding individuals accountable for crimes they instigate or aid in India, even if they are physically present abroad.
Applicability: It applies to any act committed outside India that, if carried out within India, would constitute an offence under Indian law.
Illustrative Example: If an individual in another country conspires with someone in India to commit a crime, such as murder, the person abroad can be prosecuted under Indian law for abetting the offence.
Comparison with Indian Penal Code (IPC)
Section 48 of the BNS, 2023 aligns with the provisions of the Indian Penal Code, specifically Section 108A, which deals with abetment committed outside India. However, the BNS provides a more comprehensive framework and clearer language to address such offences
Legal Implications
This section is particularly relevant in the context of cybercrimes, terrorism, and organized crime, where perpetrators often operate from foreign jurisdictions. By criminalizing abetment from abroad, the BNS ensures that individuals cannot evade liability by committing acts from outside India.
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