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 Section 56 (Bharatiya Nyaya Sanhita, 2023)
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.
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 2023 and its equivalent IPC section 116
This section outlines the key differences between Section 56 and its equivalent Indian penal code 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)
What is Section 56 of the Bharatiya Nyaya Sanhita?
Section 56 of the BNS addresses the offense of abetment, where someone intentionally assists, encourages, or instigates another person to commit a crime punishable by imprisonment. This section ensures that even those who indirectly promote or facilitate criminal acts face legal accountability.
What constitutes abetment under Section 56?
Abetment under Section 56 includes actions like instigating, aiding, or conspiring to commit an offense. Whether through verbal encouragement, planning, or logistical support, any contribution that helps initiate a crime may constitute abetment, making the person liable for punishment.
Is actual commission of the offense necessary for abetment under Section 56?
No, the actual commission of the offense is not necessary for abetment liability. Section 56 imposes accountability even if the instigated crime is not completed, as long as the person’s actions are deemed to have encouraged or prepared for the offense.
What are the penalties for abetment under Section 56?
Under Section 56, the penalties depend on the severity of the intended offense. If the offense was punishable with imprisonment, the abettor could face up to half the maximum term prescribed for that offense, along with potential fines, even if the offense remains uncommitted.
How is abetment different from conspiracy under Section 56?
Abetment involves encouraging or aiding someone to commit an offense, while conspiracy requires an agreement between parties to commit a crime. Section 56 applies to individuals who encourage criminal actions, even if they don’t directly conspire or collaborate to commit the offense.
Can a person be punished under Section 56 even if the offence is not committed?
Yes, an individual can be punished under Section 56 even if the offence is not carried out. The law holds abettors accountable for their role in encouraging or facilitating the crime, regardless of whether it was successfully completed.
What is the punishment for someone who abets a crime under Section 56?
The punishment for abetment under Section 56 can vary depending on the crime being abetted. If the crime is punishable by imprisonment, the abettor can be sentenced to imprisonment for a term up to half the maximum penalty for that crime. Additionally, a fine may be imposed. If the crime is not committed, the punishment is reduced accordingly.
