BNS Section 49: Punishment of Abetment if Act Abetted Is Committed in Consequence and Where No Express Provision Is Made for Its Punishment
Section 49 BNS is part of CHAPTER 4 OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT in Bharatiya Nyaya Sanhita 2023 Act. It addresses the punishment for abetment when the act that was abetted is carried out as a result of the abetment, and where no specific punishment is provided for the abetment itself. This section ensures that an individual who instigates or aids in the commission of an offence is penalised if the abetted act occurs, even if there is no separate legal provision for the punishment of the abetment. The bailability of the offence depends on the nature of the offence.
The provision aims to ensure accountability for those who facilitate or encourage criminal activity by establishing that the punishment for the offence itself can extend to the abettor, in the absence of an explicit punishment for abetment. It upholds the principle of justice by ensuring that those who contribute to a crime, directly or indirectly, face appropriate legal consequences.
Definition of BNS Section 49
Section 49 of BNS 2023 States:
Section 49 of the Bharatiya Nyaya Sanhita (BNS), 2023 states: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence.
Explanation and Illustration of BNS Section 49
Explanation: An act or offence is considered to be committed as a result of abetment when it occurs due to instigation, as part of a conspiracy, or with the assistance that constitutes the abetment.
Illustrations:
(a) A instigates B to give false evidence. B, acting on the instigation, commits the offence. A is guilty of abetting the offence and is subject to the same punishment as B.
(b) A and B conspire to poison Z. In furtherance of the conspiracy, A obtains the poison and gives it to B to administer to Z. B, following the conspiracy, administers the poison to Z, causing Z’s death. In this case, B is guilty of murder, while A is guilty of abetting the offence through conspiracy and is liable to the punishment for murder.
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 49
Abetment is a supporting or encouraging act or participation with someone so that an offence is committed. It can be done in three ways:
2. Abetment Punishment:
If an offence is committed in direct consequence of the abetment and no special punishment for abetment is provided, for that offence the abettor will suffer the same punishment as is provided for the offence which was committed by or with the aid of the person abetting.
3. Illustration of Consequence:
The offence is said to be committed "in consequence of abetment" when it is committed:
4. Illustrations:
These are concrete examples to understand how abetment works:
Illustration (a): A induces B to give false evidence before a court. B gives false evidence, making A liable for abetting B and liable to the same punishment as B for giving false evidence.
Illustration (b): A and B conspiracy to kill Z by poisoning. A furnishes the poison to B, who administers it to Z and thereby causes Z's death. B is held guilty of murder; A is guilty of abetting the murder by being a party to conspiracy. Both are similarly punished for murder.
Differences Between Section 49 of BNS and its equivalent IPC section
This section outlines the key differences between Section 49 of the Bharatiya Nyaya Sanhita and its equivalent to IPC Section 109, 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 |
|---|---|---|---|
| 49 | Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment. | 109 | No change. |
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FAQs about Section 49 of the Bharatiya Nyay Sanhita (BNS)
What is the primary purpose of Section 49 of the Bharatiya Nyaya Sanhita?
Section 49 addresses the jurisdiction and application of Indian laws to offences committed by Indian citizens or residents outside India. It establishes that Indian citizens can be prosecuted under Indian law for actions taken abroad, ensuring accountability for offences that affect Indian interests.
Does Section 49 apply only to Indian citizens, or does it also include residents?
No,Section 49 applies to both Indian citizens and residents. It ensures that all individuals who fall under Indian jurisdiction are subject to Indian law, regardless of where they commit an offence.
What types of offences are covered under Section 49?
Section 49 covers all offences defined under Indian law, including criminal acts such as fraud, terrorism, or any illegal activity committed by Indian citizens or residents outside India. If the act contravenes Indian law, it can be prosecuted under this section.
How does Section 49 interact with international law?
While Section 49 allows for the prosecution of Indian citizens for offences committed abroad, it must also consider international legal principles and treaties. Extradition and mutual legal assistance may be necessary to enforce Indian law in foreign jurisdictions, depending on existing agreements.
Are there any notable cases related to Section 49 that clarify its application?
Yes, several cases, such as Niranjan Singh v. Prakash Chand (1990) and K.K. Verma v. State of Gujarat (2009), illustrates the application of Indian law to citizens committing offences outside India. These cases emphasise the principle that Indian nationals remain subject to Indian laws, reinforcing the jurisdictional reach of Section 49.
What happens if a foreign country refuses to extradite an individual under Section 49?
If a foreign country refuses extradition, India may use diplomatic channels or appeal to international courts for the return of the individual, provided there are applicable treaties in place.
Is there any punishment specified in Section 49 for offences committed abroad?
Section 49 does not prescribe specific punishments. The punishment for the offence will depend on the nature of the crime and the applicable laws under the Indian Penal Code or other relevant Indian statutes.
