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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.
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 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. |
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 49 of the Bharatiya Nyay Sanhita (BNS)
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