Section 55 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 55 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the punishment for abetment of offences that are punishable with death or imprisonment for life. This section outlines the penalties applicable when the abetted offence is not committed, and provides a higher penalty if any act resulting from the abetment causes hurt to any person.
📜 Text of Section 55
Section 55: Abetment of offence punishable with death or imprisonment for life(
Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.(
Illustration:
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine
⚖️ Comparison with IPC Section 115
Section 55 of the BNS, 2023, corresponds to Section 115 of the Indian Penal Code (IPC), 1860, which deals with the punishment for abetment of an offence punishable with death or imprisonment for life. The provisions are similar, with both sections prescribing imprisonment and fines for the abettor, depending on whether the abetted offence was committed and whether it resulted in harm.(
🧾 Key Points
Punishment if offence not committed: Imprisonment for a term up to 7 years and a fine.
Punishment if offence committed and causes hurt: Imprisonment for a term up to 14 years and a fine
Applicability: Applies when no specific provision under the BNS provides for the punishment of such abetment.(

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