Section 57 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – Abetment, Criminal Conspiracy And Attempt Of Abetment. It addresses the abetment of offenses committed by public officials or by groups of more than ten persons. This section ensures that individuals who abet a crime involving public officials or a large group are held accountable for their role, recognising that the scale and context of such offenses can amplify the severity of the abetment.
The provision emphasises that abetting crimes committed by public servants or large groups carries significant legal responsibility. It ensures that individuals who encourage or assist in such offenses are subject to punishment, thereby curbing the abuse of power and preventing large-scale unlawful activities.
Definition of BNS Section 57
Section 57 of the Bharatiya nyaya sanhitha BNS 2023 States:
Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine.
Explanation and Illustration of BNS Section 57
A displays a placard in a public area, urging a group of more than ten individuals from a specific sect to gather at a particular time and place with the intention of attacking members of a rival sect during their procession. In doing so, A has committed the offense described in this section.
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 57
BNS-57 addresses the abetment of offences aimed at large groups or the general public, prescribing specific penalties for such acts. Key details include:
1. Abetment of Offences Targeting Groups or the Public
2. Punishment
3. Target Group
Differences Between Section 57 of BNS and its equivalent IPC section 117
This section outlines the key differences between Section 57 and its equivalent to IPC section 117 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 |
---|---|---|---|
57 | Abetting commission of offence by the public or by more than ten persons. | 117 | Imprisonment is increased from three years to seven years. |
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 57 of the Bharatiya Nyay Sanhita (BNS)
What is Section 57 of the Bharatiya Nyaya Sanhita?
Section 57 addresses the jurisdiction and application of laws regarding abetting offenses committed by a group of more than ten persons. It establishes legal accountability for those instigating or aiding groups in committing crimes, emphasising the serious implications of collective criminal behavior in public assemblies.
How does Section 57 define public assemblies?
Section 57 refers to public assemblies as gatherings of more than ten individuals. The law recognises that when such a group engages in or is encouraged to commit a crime, the instigator can be held accountable for their role in facilitating that behavior.
What penalties are associated with violations of Section 57?
Penalties under Section 57 vary based on the specific crime committed by the assembly. Individuals found guilty of abetting offenses in public gatherings may face imprisonment, fines, or both, depending on the severity of the instigated crime and their level of involvement.
Can a person be charged under Section 57 even if no crime is committed?
Yes, a person can be charged under Section 57 even if the intended crime is not carried out. The act of instigating or encouraging a group to commit a crime, regardless of its execution, is sufficient for liability under this section.
What is the significance of Section 57 in maintaining public order?
Section 57 is crucial for upholding public order by holding individuals accountable for encouraging criminal behavior among large groups. It aims to deter the instigation of violence or unlawful acts during public assemblies, thus safeguarding the community and promoting peaceful gatherings.
What is the scope of Section 57 regarding the incitement of violence?
Section 57 covers the act of inciting violence by encouraging a group to engage in violent behavior. If a person knowingly incites a group to commit violence, they are liable under this section, even if the act of violence is not carried out.
How does Section 57 address group-based criminal activities?
Section 57 specifically targets individuals who incite or facilitate criminal activities involving groups. If someone encourages or aids a group to engage in illegal acts, such as riots or attacks, they can be held criminally responsible, even if the group does not follow through with the act.
