Introduction of BNS 48
BNS 48 has modernized India’s criminal laws to address crimes that go beyond geographical boundaries. BNS Section 48 deals with abetment of an offence committed in India by a person situated outside the country. This means that even if the act of abetment happens abroad, the individual can still be held accountable under Indian law if the crime occurs within India. This provision strengthens India’s legal system by ensuring that distance does not shield wrongdoers from justice.
What is section 48 BNS ?
BNS Section 48 addresses situations where a person outside of India encourages or helps someone commit a crime within India. Even if the person is not in India, their actions can still be considered a crime under Indian law if the offence is carried out in India.
BNS 48 Abettor
BNS Section 47 ensures that a person in India who supports, plans, or encourages the commission of a crime outside India cannot escape liability. If the act would be considered a crime under Indian law, the person abetting is treated as if the offence happened in India itself.
This provision corresponds to the old IPC Section 108A, restructured under the Bharatiya Nyaya Sanhita (BNS), 2023, to cover modern issues such as cross-border terrorism, cybercrime, smuggling, and human trafficking.
1. Meaning of Section 47
BNS Section 47 defines abetment that takes place within India but results in a crime outside India.
- A person in India who instigates, encourages, aids, or supports a criminal act in another country is guilty of abetment.
- The actual location of the crime (outside India) does not matter if the instigation or support happens in India.
- Liability is fixed on the abettor as if the crime occurred within Indian territory.
2. Purpose of Section 47
The purpose of this section is to:
- Prevent criminals from avoiding liability by planning or supporting crimes from India that are executed abroad.
- Strengthen India’s legal framework against cross-border crimes like terrorism, fraud, or smuggling.
- Hold accountable those who indirectly orchestrate crimes while staying within India.
3. Essential Ingredients of Section 47
For this section to apply, these conditions must be met:
- Act of abetment in India – The instigation, support, or assistance happens within Indian territory.
- Crime committed outside India – The offence is carried out abroad.
- Punishable under Indian law – The act must be an offence under Indian law, even if committed abroad.
- Mens rea (intention) – The abettor must knowingly encourage or assist in committing the offence.
4. Punishment under BNS Section 47
- The abettor is punished as if the crime had been committed in India.
- The punishment depends on the seriousness of the crime abetted.
- Example: If someone in India abets a murder abroad, they face the same penalty as if the murder happened in India.
5. Examples of Section 47 in Action
- Example 1 (Smuggling): A person in India arranges for goods to be smuggled into a neighboring country. Even though the act occurs abroad, the abettor in India is guilty.
- Example 2 (Cybercrime): An Indian hacker encourages a foreign group to attack another country’s servers. Since the abetment happened in India, liability exists.
- Example 3 (Terrorism): A person in India funds a terrorist group operating abroad. If the group commits an offence, the financier is guilty under this section.
- Example 4 (Fraud): Someone in India convinces a foreigner to run an online scam targeting Indians. The abettor in India is liable.
6. Importance of Section 47
BNS Section 47 is vital because it:
- Expands Indian jurisdiction to cover international crimes supported from within India.
- Ensures criminals cannot hide behind geographical boundaries.
- Reinforces India’s stance against terrorism, smuggling, cybercrime, and human trafficking.
- Promotes fairness and accountability by punishing behind-the-scenes abettors.
Abetment in Indian Law
BNS Section 48 addresses situations where a person outside India supports or instigates the commission of a crime in India. The law considers this abetment a crime, even though the act of abetment happens outside Indian borders.
Abetment Defined:
- Abetment involves encouraging or helping someone commit a crime. In this context, it specifically refers to doing so from outside India for a crime that happens within India.
- Example: A person in another country gives instructions to someone in India to commit theft. Even though the abettor is not in India, they can be held responsible.
Jurisdictional Reach:
- This section extends the reach of Indian law beyond its borders. Even if the abetment happens outside India, it is treated as a crime if the offence occurs in India.
- Example: A person in a foreign country funds illegal activities in India. The Indian law can prosecute this person.
Equivalence in Punishment:
- The punishment for abetting a crime from outside India is the same as if the crime was abetted within India.
- Example: If a person outside India encourages a murder in India, they face the same punishment as if they were in India.
Intent Matters:
- The intention to encourage or assist in committing the crime is crucial. The abettor must have the intent for their actions to be considered criminal.
- Example: A person outside India persuades another to commit fraud in India. Their intent to deceive makes them guilty under this section.
Act of Abetment:
- The act of abetment can be direct, such as giving instructions, or indirect, like providing resources for the crime.
- Example: Sending money to support terrorist activities in India from abroad is considered abetment.
Territorial Applicability:
- This law highlights India’s jurisdiction over crimes that affect its territory, even if the abetment occurs elsewhere.
- Example: A person outside India spreads false information online that incites violence in India. They are held accountable under Indian law.
No Physical Presence Required:
- The abettor does not need to be physically present in India for the crime to be considered under this section.
- Example: A person outside India uses social media to provoke unrest in India. Their physical absence does not absolve them of responsibility.
Collaborative Crimes:
- If multiple people collaborate on a crime, with some inside and some outside India, those outside can be prosecuted under this section.
- Example: A group plans a cyber attack on Indian servers, with members located in different countries. Those outside India can be prosecuted.
Complexity of Evidence:
- Proving abetment from outside India can be challenging, requiring evidence of communication or support.
- Example: Law enforcement gathers emails showing a person abroad directing criminal activities in India, proving their involvement.
Legal Consequences:
- The legal consequences for abetting from abroad are serious and can include long-term imprisonment.
- Example: A foreign resident is sentenced to prison for coordinating a smuggling operation into India.
Bharatiya Nyaya Sanhita Section 48
| Key Points | Details |
|---|---|
| Definition | Abetment in India of an offence that is committed outside India. A person in India who encourages, aids, or instigates a crime abroad is treated as if the offence occurred in India. |
| Offence Covered | Helping, supporting, or provoking another to commit a crime in another country, provided the act would be an offence under Indian law. |
| Punishment | Same as if the crime had been committed in India. The penalty depends on the seriousness of the offence abetted. |
| Bailable / Non-Bailable | Depends on the offence abetted — serious crimes (like murder/terrorism) are non-bailable, while minor offences may be bailable. |
| Cognizable / Non-Cognizable | Follows the nature of the underlying offence. If the principal offence is cognizable, the abetment is also treated as cognizable. |
| Jurisdiction | Indian courts have jurisdiction to try the abettor, even if the crime is executed outside India. |
BNS Section 48 FAQs
What is BNS Section 48?
BNS Section 48 covers abetting a crime in India from outside the country. The law treats it as a crime even if the abetment occurs abroad.
What kind of actions fall under this section?
Any action that encourages or assists in committing a crime within India, even if done from another country.
Can someone be punished for abetment if they are not in India?
Yes, if their actions lead to a crime being committed in India, they can be prosecuted.
Does it matter where the crime was committed?
The crime must occur in India, but the abetment can happen anywhere in the world.
Conclusion
BNS Section 48 emphasizes that crime has no borders when it affects India’s peace, order, and security. It ensures that individuals who encourage, instigate, or assist in committing offences in India—despite being outside its territory—are treated with the same seriousness as those within India. By extending jurisdiction internationally, this section strengthens India’s fight against cross-border crimes, cyber offences, terrorism, and conspiracies. In short, it reaffirms that Indian law will hold every abettor accountable, no matter where they are.
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Finished with BNS 48? 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 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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