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.)
📜 Text of Section 54
"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."
⚖️ Legal Implications
This provision ensures that an individual who has abetted a crime but is present at the scene when the offence occurs is treated as if they committed the act themselves. It eliminates any defense based on mere presence, holding the abettor accountable to the same extent as the principal offender.
🔄 Comparison with IPC
Section 54 of the BNS is equivalent to Section 114 of the Indian Penal Code (IPC), 1860. Both sections stipulate that an abettor present at the scene of the crime is deemed to have committed the offence. This provision underscores the principle that those who instigate or facilitate a crime cannot evade liability by remaining passive during its commission.
🧾 Illustrative Example
If Person A instigates Person B to commit a robbery and accompanies B to the scene, standing nearby while B carries out the act, A is considered to have committed the robbery under Section 54 of the BNS. Even if A did not directly participate in the act, their presence and prior instigation make them equally liable.
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