Section 54 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 54 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the liability of an abettor who is physically present when the offence they abetted is committed. This provision ensures that such an abettor is treated as if they themselves committed the offence.
๐ Section 54: Abettor Present When Offence Is Committed
"Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence."
โ Section 54, Bharatiya Nyaya Sanhita, 2023
โ๏ธ Legal Implications
Direct Liability: An abettor who is present at the scene of the crime is deemed to have committed the offence themselves, regardless of whether they directly participated in the act.
Prevention of Evasion: This provision prevents abettors from evading liability by claiming mere presence without direct involvement.
๐งพ Illustration
Scenario: A plans a robbery and instructs B to execute it. A accompanies B to the location but stays outside while B commits the robbery. Under Section 54, A is deemed to have committed the robbery.
๐ Comparison with Indian Penal Code (IPC)
IPC Section 114: The Indian Penal Code's Section 114 similarly holds an abettor present at the scene of the crime as liable as the principal offender.
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