BNS Section 46: Abettor
Section 46 BNS is part of CHAPTER 4 OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT in Bharatiya Nyaya Sanhita 2023 Act. It defines an abettor as an individual who facilitates or provokes the commission of an offence. It extends accountability to those who encourage or support an act that would constitute an offence if carried out by a person legally capable of committing it with the same intent or knowledge as the abettor. This provision highlights the role of intent and involvement in establishing liability for abetment.
Definition of Section 46 Of BNS
Section 46 of BNS 2023 States:
Section 46 of the Bharatiya Nyaya Sanhita (BNS), 2023 states: A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.
Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
Explanation and Illustration of Section 46 (Bharatiya Nyaya Sanhita, 2023)
Explanation 1: The abetment of an unlawful omission may be considered an offence, even if the person abetting is not legally required to perform the act themselves.
Explanation 2: To establish the offence of abetment, it is not necessary for the act being abetted to be committed, nor is it required for the effect necessary to constitute the offence to occur.
Illustrations:
(a) A encourages B to murder C. B refuses to act. A is still guilty of abetting B to commit murder.
(b) A encourages B to murder D. B, following the encouragement, stabs D. Although D survives, A is guilty of instigating B to commit murder.
Explanation 3: It is not required that the person being abetted must be legally capable of committing an offence, nor must they share the same intention or knowledge as the abettor, or have any guilty intention or knowledge.
Illustrations:
(a) A, with criminal intent, encourages a child or a person of unsound mind to perform an act that would be an offence if done by a person capable of committing an offence with the same intention. A is guilty of abetting the offence, regardless of whether the act is carried out.
(b) A, intending to murder Z, encourages B (a child under seven years old) to do an act that leads to Z’s death. B, following the encouragement, causes Z's death. Although B is not legally capable of committing an offence, A is liable for the punishment as though B were legally capable and had committed murder, including the punishment of death.
(c) A encourages B, who is mentally unsound and unaware of the nature of the act, to set fire to a house. B, under A’s encouragement, sets the fire, though B does not commit an offence due to lack of mental capacity. A, however, is guilty of abetting the offence of arson and is liable for the punishment.
(d) A, intending to cause a theft, persuades B to take property from Z, convincing B that the property belongs to A. B, acting in good faith, takes the property but does not commit theft, as they are not dishonest. However, A is guilty of abetting theft and is liable for the same punishment as if B had committed the theft.
Explanation 4: Since the abetment of an offence is itself an offence, encouraging the abetment of an offence is also punishable.
Illustration:
A persuades B to encourage C to murder Z. B then persuades C to murder Z, and C carries out the murder. B is punished as if for murder, and A is also liable for the same punishment for having encouraged B to commit the offence.
Explanation 5: For the offence of abetment by conspiracy, it is not necessary for the abettor to directly coordinate with the person committing the crime. It is enough if the abettor participates in a conspiracy that leads to the offence being committed.
Illustration:
A plans with B to poison Z, with A agreeing to administer the poison. B tells C about the plan but does not mention A's name, and C agrees to procure and deliver the poison to B. A administers the poison, and Z dies. Even though A and C did not conspire directly, C is still part of the conspiracy and is guilty of murder, subject to the same punishment as A.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points Of BNS 46
BNS-46 expands on the concept of abetment, specifying how abetment applies to both the commission of an offence and actions that would be criminal if carried out by someone else with the same intention or knowledge.
Definition of Abetment:
Abetment occurs when a person encourages, assists, or facilitates the commission of an offence. This includes:
Commission of an Offence: Directly supporting or helping someone commit a crime.
Commission of an Act that Would be an Offence: Encouraging or aiding an act that, if performed by someone else with the same intent or knowledge, would constitute a crime.
Explanation 1: Abetment of Omission:
Abetment is not limited to acts; it also covers the abetment of illegal omissions. For instance, encouraging someone to neglect a legal duty could also be considered abetment, even if the abettor is not legally required to perform that duty.
Explanation 2: Completion Not Required:
It is not necessary for the act abetted to be completed or for the intended effects to occur. The mere act of abetment can be punishable regardless of whether the crime was ultimately carried out or achieved its intended result.
Differences Between Section 46 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 46 of the Bharatiya Nyaya Sanhita (BNS) 2023 and its equivalent Indian Penal Code (IPC Section 108), focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 46 | Abettor. | 108 | Word “lunatic” is replaced by words “a person of unsound mind”. |
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FAQs about BNS Section 46
What is the main subject of Section 46 of the BNS?
Section 46 addresses the offense of causing a miscarriage without the consent of the woman, and the legal consequences of such actions.
What is the punishment for causing a miscarriage under Section 46?
The punishment for causing a miscarriage without the woman’s consent can range from imprisonment to a fine. The imprisonment term may vary depending on whether the miscarriage was caused with or without intent to harm the woman’s life.
What are the conditions under which the miscarriage is punishable?
If the miscarriage is caused intentionally or without the woman’s consent, the person responsible can face criminal charges. If it is performed to safeguard the woman’s life with her consent, it may not be punishable under this section.
Does this section apply to all forms of miscarriage?
No, Section 46 specifically addresses non-consensual miscarriages or those causing harm. Medical procedures performed with consent, for example, an abortion carried out legally under the provisions of the law, would not fall under the scope of this section.
Are there any exceptions to this section’s application?
Yes, if a miscarriage is caused by a medical professional acting in accordance with the law for the health of the woman, such as in cases where continuing the pregnancy may endanger her life, it may not be prosecuted under this section.
Can a woman be punished for causing her own miscarriage under Section 46?
No, the section generally punishes the person who causes the miscarriage. A woman who undergoes a miscarriage or seeks to terminate a pregnancy within the legal framework does not face punishment under this section.
What is the legal remedy if someone is falsely accused under Section 46?
If someone is falsely accused of causing a miscarriage, they have the right to defend themselves in court by proving their innocence, providing medical records or testimonies that the miscarriage was unintentional or lawful.
