BNS Section 47: Abetment in India of Offences Outside India

Definition of Section 47 (BNS)

Section 47 of BNS 2023 States:
Section 47 of the Bharatiya Nyaya Sanhita (BNS), 2023 states: A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Explanation and Illustration of BNS Section 47

Section 47 of the Bharatiya Nyaya Sanhita, 2023, deals with the legal concept of abetment in cases where an individual incites or encourages another person to commit an offence, even if the act is carried out outside the jurisdiction of India. The section holds individuals responsible for abetting crimes, regardless of whether the crime occurs in India or abroad, as long as the incitement or encouragement occurs within India.

• Illustration

  In this example, A is an individual in India who incites B, a foreigner residing in country X, to commit a murder in that foreign country. Despite the fact that the crime of murder takes place outside India, A is still held guilty of abetting the murder because A instigated or encouraged the act from within India.

• Explanation

• Abetment: This refers to the act of encouraging, assisting, or persuading another person to commit a crime.
• International Jurisdiction: The law recognizes that abetment can occur even when the crime is committed beyond the country’s borders, as long as the incitement takes place within the nation.

Thus, the section ensures that individuals cannot evade responsibility for crimes they incite, regardless of where the actual offence is carried out, reinforcing the global accountability of criminal acts.

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