Section 56 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 56 of the Bharatiya Nyaya Sanhita (BNS), 2023 pertains to the punishment for abetment of offences that are punishable with imprisonment. This section outlines the penalties for individuals who instigate, aid, or assist in the commission of such offences, even if the offence is not ultimately committed.
📜 Text of Section 56
Section 56: Abetment of Offence Punishable with Imprisonment
General Punishment for Abetment
"Whoever abets an offence punishable with imprisonment 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 any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both."
Enhanced Punishment for Public Servants
"If the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both."
⚖️ Legal Implications
Accountability for Abetment: Individuals who abet an offence punishable with imprisonment are held accountable even if the offence is not committed
Punishment Parameters: The abettor may face imprisonment for up to one-fourth of the maximum term prescribed for the offence, or a fine, or both
Enhanced Penalty for Public Servants: If either the abettor or the person being abetted is a public servant whose duty it is to prevent the offence, the abettor faces a more severe penalty—imprisonment for up to one-half of the maximum term prescribed for the offence, or a fine, or both.
🧾 Illustrations
Example 1: A instigates B to give false evidence. If B does not give false evidence, A has nevertheless committed the offence defined in this section and is punishable accordingly.
Example 2: A, a police officer whose duty it is to prevent robbery, abets the commission of robbery. Though the robbery is not committed, A is liable to one-half of the longest term of imprisonment provided for that offence and also to a fine
🔄 Comparison with Indian Penal Code (IPC)
Section 56 of the BNS, 2023 aligns with Section 116 of the Indian Penal Code (IPC), 1860, which deals with the punishment for abetment of an offence punishable with imprisonment, where the offence is not committed.
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