BNS Section 47: Abetment in India of Offences Outside India
Section 47 BNS is part of CHAPTER 4 OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT in Bharatiya Nyaya Sanhita 2023 Act. It addresses the abetment of offences committed outside India, specifying that an individual who abets a crime that takes place beyond Indian borders is still subject to legal consequences within India. This section ensures that individuals who instigate or assist in the commission of crimes outside India can be held accountable under Indian law, reinforcing the principle of justice irrespective of geographical boundaries.
The provision aims to close loopholes that could allow individuals to evade responsibility for crimes that have international implications. It underscores that abetment is punishable not only for offences occurring within the country but also for those facilitated in other jurisdictions, thereby extending the reach of Indian law in global contexts.
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 Section 47 (Bharatiya Nyaya Sanhita, 2023)
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
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.
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 47
BNS-47 deals with the issue of abetment, particularly concerning acts committed outside of India but abetted by individuals within India. Here are the key points:
Key Provisions of BNS-47:
Differences Between Section 47 of BNS 2023 and its equivalent IPC section
This section outlines the key differences between Section 47 of the Bharatiya Nyaya Sanhita (BNS) 2023 and its equivalent Indian Penal Code (IPC Section 108A), 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 |
|---|---|---|---|
| 47 | Abetment in India of offences outside India. | 108A | Word ‘Goa’ is replaced by ‘country X’ in illustration. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 47 of the Bharatiya Nyay Sanhita (BNS)
What is Section 47 of the Bharatiya Nyaya Sanhita (BNS)?
Section 47 of the Bharatiya Nyay Sanhita outlines the jurisdiction of Indian law, especially concerning offences committed by Indian citizens or against Indian citizens outside the territory of India. It specifies when Indian courts can exercise jurisdiction over offenses that occur outside the country’s borders.
Does Section 47 apply to foreign nationals?
Yes, Section 47 can apply to foreign nationals if the offence they commit outside India has a significant impact or consequence within India, particularly if it involves Indian citizens or interests.
Can an Indian citizen be prosecuted under Section 47 if they commit an offence outside India?
Yes, Indian citizens can be prosecuted under Section 47 if they commit an offence abroad that would be punishable under Indian law. Indian law allows for jurisdiction over citizens regardless of where the crime is committed, provided it meets the criteria set out in the Sanhita.
What types of offences committed outside India can be tried under Section 47?
Any offence that has a direct impact on Indian interests, affects Indian citizens, or violates Indian law can be tried under Section 47. Common examples include acts of fraud, conspiracy, or crimes with cross-border effects that harm Indian entities or citizens.
Is prior approval from any authority required to prosecute someone under Section 47 for an offence committed outside India?
Yes, in certain cases, prior approval from the Central Government or designated authority may be required, especially if the offence pertains to foreign nationals or affects diplomatic relations.
Can a person in India be punished for abetting a crime committed outside India?
Yes, a person in India can be held responsible for abetting a crime committed outside India if the act, if committed within India, would constitute an offence. The abetment extends beyond Indian borders and is punishable under Indian law.
What types of acts can be prosecuted under Section 47?
The act abetted must be one that would be punishable if committed within India. Common examples include aiding or encouraging crimes like fraud, conspiracy, or terrorism, even if they occur outside India, as long as they fall under Indian criminal law.
