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Introduction of BNS Section 51

51 BNS explains what happens when someone encourages or helps another person to commit a crime, but a different crime is committed instead. The person who encouraged or helped is responsible for the crime that was actually committed, as long as it was a likely outcome of their encouragement or help.


What is section 51 of BNS ?

BNS Section 51 states that if you encourage someone to do a specific act and they do something different but related, you are still responsible for the act they did, as if you directly encouraged that specific act. This applies if the act done was a probable result of your encouragement or help.

Explanation of when someone can be held responsible for a different crime under BNS Section 51.
BNS Section 51: Liability for a different crime due to encouragement.

BNS Section 51 in Simple Points

You Can Be Responsible for Different Crimes:

  • If you encourage a crime and something else happens, you might still be blamed.

Only Likely Results Count:

  • You are responsible if the different crime was a likely result of your actions.

Your Influence Matters:

  • If the person did the crime because of you, you’re responsible.

Planning and Helping Counts:

  • If you help plan or prepare for a crime, you are just as responsible.

No Liability for Unrelated Acts:

  • If the crime that happened was not likely from what you did, you are not to blame.

Section 51 BNS Overview

BNS Section 51 focuses on the liability of a person (known as the abettor) who encourages or helps another person to commit a crime. If a different crime happens instead, the abettor can still be held responsible. This section makes sure that people who encourage criminal behavior are held accountable, even if the crime committed isn’t exactly what they intended.

Abettor’s Responsibility:

  • If you encourage someone to commit a crime, and they commit a different crime, you can still be held responsible.
  • Example: If you tell someone to break a window, but they steal from the house instead, you might be responsible for the theft.

Probable Consequence:

  • You are only responsible if the different act was a likely result of your encouragement.
  • Example: If you tell someone to fight, and they use a weapon, you might be responsible if using a weapon was a likely outcome.

Influence of Instigation:

  • You are liable if the act was done under your influence or because of your encouragement.
  • Example: If someone steals because you convinced them to, you are partly to blame.

Intent and Result:

  • Your intention and the result of your encouragement matter; if you intended a crime and a related crime happens, you’re responsible.
  • Example: If you planned a burglary and someone was hurt during it, you might be responsible for the injury too.

Direct vs. Indirect Acts:

  • Even if you didn’t directly commit the crime, your encouragement makes you responsible.
  • Example: Telling someone to commit a crime makes you just as guilty as if you did it yourself.

Limitations of Liability:

  • You are not responsible for completely unrelated acts that were not a likely outcome of your encouragement.
  • Example: If you told someone to rob a store and they decided to damage a car instead, you might not be responsible for the damage.

Conspiracy Role:

  • If you help plan a crime, you are responsible for what happens during that crime.
  • Example: Planning a theft and providing tools for it makes you responsible for what happens during the theft.

Accidental Outcomes:

  • If the crime committed was an accident but was likely given the situation, you might still be liable.
  • Example: If someone you encouraged accidentally harms someone while committing a crime, you could be responsible.

Different Crime, Same Responsibility:

  • You are responsible for the crime that was actually committed, even if it wasn’t the one you encouraged.
  • Example: Encouraging someone to vandalize, but they commit arson, still holds you responsible for arson if it was a likely outcome.

Non-Criminal Outcomes:

  • If the outcome was not a crime, you are not liable under this section.
  • Example: Encouraging someone to protest peacefully is not a crime, so you aren’t liable if no crime is committed.

Bharatiya Nyaya Sanhita Section 51

PointDetails
OffenceWhen someone encourages another to commit a crime, but a different crime is actually committed.
PunishmentSame as the punishment for the crime that was intended to be encouraged.
Cognizable or Non-CognizableDepends on whether the crime that was encouraged allows arrest without a warrant or not.
Bailable or Non-BailableDepends on whether the crime that was encouraged allows for bail or not.
Court by Which TriableThe case will be handled in the court that would try the original crime that was encouraged.
Bharatiya Nyaya Sanhita Section 51

BNS Section 51 FAQs

What does BNS Section 51 cover?

It covers situations where someone is responsible for a different crime than the one they encouraged, as long as it was a likely outcome.

Can I be blamed for a crime I didn’t specifically encourage?

What if the crime wasn’t likely to happen?

Does helping in planning count under BNS Section 51?


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