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BNS Section 56: Abetment of Offence Punishable with Imprisonment
Section 56 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – abetment, criminal Conspiracy And Attempt Of Abetment. It deals with the abetment of an offense punishable with imprisonment. This section ensures that an individual who abets a crime that is punishable by imprisonment is held liable for the offense, even if they did not directly participate in the commission of the crime. The abettor is treated as equally responsible for the crime they have instigated, facilitated, or assisted in carrying out.
The provision aims to prevent individuals from evading responsibility by merely inciting or aiding criminal acts that lead to severe legal consequences. It reinforces that the instigation of a crime punishable by imprisonment carries the same liability as the commission of the offense itself.
Definition of BNS Section 56
Section 56 of the Bharatiya nyay sanhitha BNS 2023 States:
Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.
Explanation and Illustration of BNS Section 56
Illustrations:
(a) A encourages B to give false testimony. Even if B does not actually provide false evidence, A is still deemed to have committed the offense outlined in this section and will be punished accordingly.
(b) A, a police officer tasked with preventing robberies, assists in planning a robbery. Even if the robbery does not occur, A is liable to a sentence of up to half the maximum imprisonment term for robbery, along with a fine.
(c) B collaborates with A, a police officer responsible for preventing such crimes, in planning a robbery. Even if the robbery is not executed, B is liable to imprisonment for up to half of the maximum term for robbery, in addition to a fine.
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 56
BNS-56 outlines penalties for abetment of offences that carry imprisonment, distinguishing between general abettors and public servants, with varying levels of punishment. Key details include:
1. Abetment of an Offence Punishable with Imprisonment (Clause 1)
2. Abetment Involving a Public Servant (Clause 2)
3. Types of Imprisonment
Differences Between Section 56 of BNS and its equivalent IPC section 116
This section outlines the key differences between Section 56 and its equivalent to IPC section 116 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 |
|---|---|---|---|
| 56 | Abetment of offence punishable with imprisonment. | 116 | The words ‘if offence be not committed’ are excluded from the heading. The heading of paragraph 2, ‘If abettor or person abetted be a public servant whose duty it is to prevent offence is excluded. The word ‘by’ is replaced by ‘under’ |
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 56 of the Bharatiya Nyay Sanhita (BNS)
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