BNS Section 50 : Punishment of Abetment if Person Abetted Does Act With Different Intention From That of Abettor
Section 50 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 Of BNS – Abetment, Criminal Conspiracy And Attempt Of Abetment. It addresses the punishment for abetment when the person who carries out the act does so with a different intention from that of the abettor. This section ensures that the abettor is still held responsible, even if the ultimate act is carried out with a differing or unintended motive, as long as the original instigation or assistance led to the commission of the crime.
The provision aims to prevent individuals from escaping liability by claiming that the outcome of the act differed from their original intent. It ensures that the abettor remains accountable for their role in facilitating the crime, regardless of whether the actual act deviates from the original purpose, maintaining justice for the instigation of unlawful conduct.
Definition of BNS Section 50
Section 50 of the Bharatiya nyay sanhitha 2023 States:
Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
Explanation and Illustration of BNS Section 50
Section 50 deals with cases where there is divergence in the abettor and the person who actually commits the offence either as regards the intent or knowledge while doing the same.
Abettor's Intention: Abettor commits with specific intent or knowledge by doing or knowingly facilitating, encouraging etc.
Person Abetted's Intention: Person committing act may intend otherwise or even know otherwise.
Punishment According to Abettor's Intention
Important Implication
Ensures the abettor remains liable, even if the person committing the crime acts with a different intention or knowledge. Liability is based on the abettor's original intent or knowledge.
Illustration:
A engages B to burn down a competitor's godown for the destruction of goods amounting to ₹10 lakh. A's motive is only economic damage—he does not wish anyone to get injured. However, while fire was being set, B locks up a security guard and gets him killed, knowing well that he would get killed and it was not A's intent or knowledge.
Explanation:
Abettor's Intention (A): A had intended only for destruction of property without injury to life.
Person Abetted's Intention (B): B acted with the knowledge and intention to kill, deviating from A's original plan.
Under Section 50, A (the abettor) will be punished for the offence of abetment of arson as per their original intention, not for murder, since they neither intended nor had knowledge of B's actions.
This would ensure that there is fairness in attributing criminal liability to A, holding them accountable for their specific intention while preventing unjust punishment for actions beyond their knowledge or control.
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 50
1. Abetment and Diverging Intentions
Section 50 deals with scenarios where the intentions or knowledge of the abettor (the one who incites or assists in a crime) differ from those of the person committing the act (the abetted).
2. Punishment Based on the Abettor’s Intention
When the intentions or knowledge of the abettor and the person committing the offence differ:
3. Key Implication
This provision ensures that the abettor remains accountable for their original intent or knowledge. They cannot evade liability simply because the person committing the crime acted with a different mindset.
Differences Between Section 50 of BNS and its equivalent IPC section
This section outlines the key differences between Section 50 and its equivalent to IPC Section 110 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 |
|---|---|---|---|
| 50 | Punishment of abetment if person abetted does act with different intention from that of abettor. | 110 | No change |
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FAQs about Section 50 of the Bharatiya Nyay Sanhita (BNS)
What is the main focus of Section 50 of the Bharatiya Nyaya Sanhita?
Section 50 focuses on the liability of an abettor when the person they have abetted commits an act with a different intention from that of the abettor. It establishes that while the abettor can be held responsible for the act, the punishment may vary based on the divergence in intentions.
How does Section 50 determine the punishment for an abettor?
The punishment for an abettor under Section 50 is influenced by the original intent of the abettor compared to the actual act committed by the person they abetted. If the act significantly differs from what the abettor intended, the court may impose a lesser sentence, reflecting the abettor’s original motivation.
Can an abettor be punished even if the person abetted acts contrary to their intentions?
Yes, an abettor can still be held liable and punished under Section 50, even if the individual they encouraged or assisted acts with a different intention. However, the extent of the punishment may be adjusted based on the differences in intention.
What types of crimes does Section 50 apply to?
Section 50 applies to all types of offenses defined under Indian law, including violent crimes, property offenses, and other unlawful activities. It covers scenarios where the act committed by the person abetted diverges from the abettor’s intent.
Are there any notable cases that illustrate the application of Section 50?
Yes, several cases, such as State of Maharashtra v. Raghunath Anant Rao (2005) and Babu v. State of Kerala (2004), demonstrate the principles of Section 50. These cases illustrate how courts assess the intentions of both the abettor and the abettor to determine liability and appropriate punishment, highlighting the complexities of intention in abetment scenarios.
What is the significance of intention in Section 50?
Intention is crucial in Section 50, as it determines the liability and punishment of the abettor. The section considers the difference between the abettor’s original intention and the actual act committed by the person they abetted, which influences the level of punishment.
Does Section 50 apply if the person abetted does not commit a crime?
No, Section 50 specifically deals with cases where the abetted individual commits an act, but with a different intention from that of the abettor. If no crime is committed, Section 50 would not be applicable.
