BNS Section 50 : Punishment of Abetment if Person Abetted Does Act With Different Intention From That of Abettor

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

• The abettor is punished according to his own intention or knowledge, irrespective of the different mindset of the person committing the crime.
• The punishment corresponds to the offence that would have occurred if the act matched the abettor's original 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.

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.