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BNS Section 55: Abettor present when offence is committed
Section 55 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – Abetment, Criminal Conspiracy And Attempt Of Abetment. It further elaborates on the liability of an abettor who is present when the offense is committed, specifying that their physical presence and potential role in the crime hold them accountable, even if they did not directly participate in carrying out the illegal act. This section clarifies that the mere presence of an abettor can constitute an act of support or encouragement, making them liable for the offense.
The provision ensures that those who contribute to the commission of a crime by being present at the scene, and thereby aiding its execution, are not exempt from punishment. It emphasizes that abettors who are physically present during the crime will face legal consequences for their role in facilitating the unlawful act.
Definition of BNS Section 55
Section 55 of the Bharatiya nyay 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 55
This provision addresses the legal liability of individuals involved in abetment when they are physically present during the commission of the crime they abetted. It effectively escalates their role from an indirect participant (abettor) to a direct perpetrator. Here's the explanation:
Key Legal Concept
Legal Consequence:
Example Scenario:
1. Absent Abettor:
Purpose of the Provision:
Significance:
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 55
BNS-55 addresses the legal implications of abetting serious offences, such as those punishable by death or life imprisonment, even if the offence itself is not committed. Key aspects of this section include:
1. Abetment
2. Punishment for Abetment of Serious Offences (Not Committed)
3. Aggravated Abetment with Injury (Clause 2)
4. Imprisonment "of Either Description"
Differences Between Section 55 of BNS and its equivalent IPC section
This section outlines the key differences between Sections 55 and and its equivalent to IPC Section 115, 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 |
|---|---|---|---|
| 55 | Abetment of offence punishable with death or imprisonment for life. | 115 | 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 55 of the Bharatiya Nyay Sanhita (BNS)
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