Introduction of BNS 47
BNS Section 47 deals with the abetment of crimes that occur outside India but are supported, planned, or encouraged within India. This section ensures that individuals cannot escape liability by assisting in illegal acts just because the final crime occurs in another country. If the act would be punishable in India, the abettor is treated as if the crime had occurred within Indian territory.
This provision replaces IPC Section 108A and reflects India’s commitment to cross-border criminal accountability, especially in areas like terrorism, cybercrime, smuggling, and human trafficking.
The Bharatiya Nyaya Sanhita (BNS) Section 53 replaces the old Indian Penal Code (IPC) Section 108A.
What is section 47 of BNS ?
BNS Section 47 states that if a person in India supports or encourages the commission of a crime outside of India, they are guilty of abetment. The law treats this support or encouragement as if the crime was committed within India.
BNS Section 47 in Simple Points
BNS Section 47 addresses a crucial aspect of criminal law where crimes are committed abroad but have their roots or support within India. It ensures that individuals in India who plan, encourage, or assist in crimes outside the country are still held accountable under Indian law.
(This provision corresponds to the repealed IPC Section 108A and has been restructured under the Bharatiya Nyaya Sanhita (BNS), 2023.)
1. Meaning of Section 47
BNS Section 47 defines abetment of offences outside India.
- If a person in India instigates, supports, or helps someone in another country to commit a crime, they are treated as if the crime happened in India.
- The law focuses on the location of abetment (India) rather than the place where the actual crime occurs.
- This ensures that offenders cannot escape liability by simply moving the execution of their crimes across borders.
2. Purpose of Section 47
The purpose of this section is to:
- Strengthen India’s jurisdiction over cross-border crimes.
- Prevent criminals from using India as a safe base for planning offences in other countries.
- Address modern crimes such as terrorism, cyber fraud, human trafficking, and smuggling, which often involve international networks.
- Uphold the principle that criminal accountability cannot be avoided by geography.
3. Essential Ingredients of Section 47
For this section to apply, the following conditions must exist:
- The abetment (instigation, conspiracy, or aid) occurs within India.
- The act committed outside India must be such that, if committed in India, it would amount to an offence.
- The person abetting must have the intention to promote or encourage the crime.
- The law applies to both Indian citizens and foreign nationals residing in India.
4. Punishment under BNS Section 47
- The abettor is punished as if the offence had been committed in India.
- The severity of punishment depends on the nature of the crime abetted.
- Example: Abetment of a cyber fraud abroad will attract punishment under Indian cyber laws.
- Example: Abetment of murder abroad will invite the same punishment as if the murder took place in India.
- The rules of bailability and cognizability follow the substantive offence.
5. Examples of Section 47 in Action
- Cross-Border Smuggling: A person in India instructs someone in Nepal to smuggle gold into India. Even though the act happens abroad, the abettor in India is liable.
- Cybercrime: An Indian resident sets up fake online businesses abroad to cheat Indian citizens. He is guilty under Section 47.
- Terrorism: A man in India funds a terrorist organization in another country. The funding is abetment punishable under this section.
- Human Trafficking: A person in India arranges for illegal transport of workers from Bangladesh into India. The abettor can be punished under Indian law.
- Corporate Crime: An Indian company orders a foreign branch to dump toxic waste abroad. Since the act would be illegal in India, liability applies under Section 47.
6. Importance of Section 47
BNS Section 47 plays a vital role in India’s fight against international and cross-border crimes:
- It closes legal loopholes for criminals who try to evade justice by committing crimes abroad.
- It ensures equal treatment for offences, no matter where the physical act occurs.
- It strengthens India’s stance against global crimes like terrorism, smuggling, cyber fraud, and human exploitation.
- By holding abettors in India accountable, the law reinforces fairness, responsibility, and security.
Section 47 BNS Overview
BNS Section 47 states that if a person in India helps, encourages, or instigates someone to commit a crime outside India, and if that act would be a crime if done in India, the person abetting the crime is guilty under this section. This ensures that individuals cannot escape liability by assisting in crimes that take place beyond India’s borders.
Abetment Defined:
- Abetment means helping, encouraging, or supporting someone to commit a crime.
- Example: A person in India sends money to someone in another country to carry out a robbery. This act of sending money is considered abetment.
Jurisdiction:
- The section applies to anyone in India, even if the crime takes place in another country.
- Example: If someone in India asks a person in another country to commit fraud, it is treated as a crime under Indian law.
Equal Treatment:
- The crime is treated as if it happened in India, with the same punishment.
- Example: If a person in India encourages a murder abroad, they face the same punishment as they would if the murder occurred in India.
Foreign Nationals:
- It applies to both Indian citizens and foreign nationals in India.
- Example: A foreigner living in India asks someone in their home country to commit a crime. They can be punished under Indian law.
International Crimes:
- The section covers crimes that are recognized internationally, like terrorism.
- Example: If someone in India funds a terrorist act in another country, they are held accountable under this law.
Communication Channels:
- Abetment can occur through any form of communication, including emails or phone calls.
- Example: Sending an email from India to another country instructing someone to commit a crime is abetment.
Intent Matters:
- The person must have intended for the crime to happen. Mere discussion is not enough.
- Example: Discussing a crime without intending for it to happen is not abetment. But planning and supporting the crime is.
Conspiracy:
- If the abetment is part of a larger conspiracy, all involved parties in India can be punished.
- Example: A group of people in India plan a crime that is to be executed in another country. All can be charged under this section.
Prevention of Escape:
- The law ensures that criminals cannot escape punishment by simply committing the crime outside India.
- Example: Someone planning a crime from India, thinking they will avoid punishment because the crime happens abroad, is still liable.
Legal Consequences:
- Legal consequences include arrest, trial, and punishment in India, even for crimes committed abroad.
- Example: A person in India is arrested for abetting a theft in another country and is tried in an Indian court.
Comparison: BNS Section 47 vs IPC Section 108A
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 47 | Abetment in India of an offence committed outside India — person in India who instigates, aids or encourages a foreign act which would be an offence if done in India. | Punished as if the offence had been committed in India (penalty depends on the substantive offence abetted). | Depends on the underlying offence (bailability follows the substantive offence). | Depends on the underlying offence (cognizability follows the substantive offence). | Ordinary criminal courts in India (trial procedure depends on the substantive offence and its classification). |
| IPC Section 108A (Old) | Former IPC provision dealing with abetment in India of offences committed outside India — similar scope: abetment in India treated as if offence occurred within India. | Same principle — punished according to the punishment of the substantive offence as if committed in India. | Depends on the underlying substantive offence under IPC (not fixed by the section itself). | Cognizability determined by the nature of the substantive offence. | Tried in Indian criminal courts; procedure aligned with the substantive IPC offence. |
BNS Section 47 FAQs
Does BNS Section 47 apply if the crime is legal in the foreign country?
Yes, if the act would be illegal if committed in India, the person in India who abets the act can still be prosecuted under this section.
Can someone be punished in India for a crime that never actually happened?
Yes, if the person in India abetted the crime, they can be charged even if the crime is attempted or planned but not fully carried out.
Is it necessary for the abetted crime to be illegal in the other country?
No, it is treated as an offence under Indian law regardless of the laws in the other country.
Can someone be charged under this section for encouraging a crime unintentionally?
No, there must be an intention to support or encourage the crime for it to be considered abetment.
Conclusion
BNS Section 47 ensures that India’s legal system holds individuals accountable for abetting crimes abroad from within its borders. This provision is crucial in tackling international crimes such as cyber fraud, terrorism, smuggling, and human trafficking. By treating the abettor as if the crime occurred in India, the law strengthens India’s jurisdiction and prevents criminals from escaping justice.
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Finished with BNS 47? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 48 : Abetment outside India for offence in India
https://marriagesolution.in/bns_section/bns-48/ - BNS 49 : Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
https://marriagesolution.in/bns_section/bns-49/ - BNS 50 : Punishment of abetment if person abetted does act with different intention from that of abettor
https://marriagesolution.in/bns_section/bns-50/ - BNS 51 : Liability of abettor when one act abetted and different act done
https://marriagesolution.in/bns_section/bns-51/
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