Section 49 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 49 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the punishment for abetment when the abetted act is committed as a result of the abetment, and no specific provision is made for the punishment of such abetment.
📜 Section 49: Punishment of Abetment
Section 49 states:
"Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence."
Explanation:
"An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment."
Illustrations:
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence and is liable to the same punishment as B
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here, B is guilty of murder. A is guilty of abetting that offence by conspiracy and is liable to the punishment for murder
This section ensures that individuals who abet an offence are held accountable to the same extent as those who directly commit the offence, provided the abetted act occurs as a result of the abetment and no separate punishment is specified for the abetment itself.
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