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BNS Section 48: Abetment Outside India for Offence in India
Section 48 BNS is part of CHAPTER 4 OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT in Bharatiya Nyaya Sanhita 2023 Act. It is part of the Bharatiya Nyaya Sanhita 2023 Act. It addresses the abetment of offences that are committed within India, even when the act of abetment takes place outside the country. This section establishes that individuals who instigate, encourage, or aid in the commission of crimes within India, regardless of their location, can still be held accountable under Indian law.
The provision ensures that those who facilitate criminal activities from abroad are not exempt from prosecution. It strengthens India's legal framework by ensuring that abetment of offences occurring within its borders is punishable, regardless of whether the abettor is inside or outside the country. This approach helps in curbing cross-border criminal activities and holding individuals accountable for their role in crimes affecting India.
Definition of Section 48 (BNS)
Section 48 of BNS 2023 States:
Section 48 of the Bharatiya Nyaya Sanhita (BNS), 2023 states: A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.
Explanation and Illustration of BNS Section 48
Section 48 addresses abetment beyond Indian territory. A person is considered guilty of abetment if they instigate, conspire, or intentionally aid the commission of an act outside India that would qualify as an offence if committed within India. This provision ensures accountability for individuals who attempt to facilitate crimes affecting India, even from foreign soil.
Illustration: A, residing in country X, instigates B to commit a murder in India. Although A operates from outside Indian jurisdiction, they are guilty of abetting the offence of murder in India under this section.
Disclaimer
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 48
BNS-48 addresses the legal concept of abetment, where a person outside India assists or incites the commission of an offence within India.
Jurisdiction for Abetment:
This provision establishes that an individual located outside India can still be held accountable for abetting an offence committed within India. The law covers actions carried out abroad that are intended to assist or provoke an offence within India.
Nature of the Act:
The act being abetted must be one that would be considered an offence under Indian law if committed within India. This means the act must be in accordance with the Indian Penal Code or other applicable Indian laws.
Abetment from Abroad:
An individual outside India who assists, encourages, or facilitates the commission of an offence within India can be prosecuted for abetment as though they were physically present in India.
Differences Between Section 48 of BNS and its equivalent IPC section
This section outlines the key differences between Section 48 of the Bharatiya Nyaya Sanhita and its equivalent to 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 |
|---|---|---|---|
| 48 | Abetment outside India for offence in India | 108A | A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India. |
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 48 of the Bharatiya Nyay Sanhita (BNS)
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