BNS Section 54: Abettor Present When Offense is Committed

Definition of BNS Section 54

Section 54 of the Bharatiya nyaya sanhitha BNS 2023 States:
Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

Explanation and Illustration of BNS Section 54

When an individual, who would ordinarily be punishable for abetting a crime, is physically present at the time and place of the commission of the offense they abetted, the law assumes a higher level of involvement. In such cases, the person is not only considered an abettor but is also deemed to have directly committed the offense.

Implications of This Principle

• 1. Higher Accountability

• A person who is present during the offense demonstrates active participation or tacit approval
• Their presence may have encouraged or facilitated the crime, increasing their responsibility

• 2. Legal Presumption:

• The law presumes their intent to participate, even if their direct involvement isn’t explicitly proven
• Their presence eliminates the distinction between abetting and committing the offense

• 3. Penalty:

• Such individuals are punished as if they were the principal offenders
• The punishment aligns with the severity of the offense committed.

• Example:

• Scenario: A person encourages another to commit theft (abetment). If they are also present at the scene when the theft occurs, the law deems them to have committed the theft, even if they didn’t physically steal anything
• Result: Both the abettor and the actual thief are treated as principal offenders and punished equally.

• Purpose of This Rule:

• Prevent individuals from indirectly participating in crimes by merely acting as abettors
This provision aims to:
• Ensure accountability for those whose presence contributes to the commission of offenses
• Strengthen deterrence against crimes committed through abetment.

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