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Introduction of BNS 48

BNS 48 deals with “Abetment outside India for an offence in India.” This section applies when someone who is outside India encourages or helps in committing a crime within India. Even if the person is not in India when they abet the crime, they can still be held accountable under Indian law if the crime occurs in India.



What is section 48 of 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.

Section 48 BNS, which criminalizes abetment of offenses committed in India from outside the country.
Abetting Crime from Afar: Understanding Section 48 BNS

BNS Section 48 in Simple Points

Understanding Abetment:

  • Abetment means encouraging or assisting someone in committing a crime. It is considered a serious offence because it directly contributes to the commission of a crime.
  • Example: A person outside India encourages someone in India to engage in illegal drug trafficking. They are guilty of abetment.

Impact on Indian Legal System:

  • This section strengthens India’s legal system by allowing it to prosecute those who, though not in India, still influence criminal activities within its borders.
  • Example: A person in another country runs a website that promotes violence in India. Indian law can take action against them.

Evidence of Intent:

  • Proving intent is critical in abetment cases. Law enforcement must show that the abettor knew their actions would lead to a crime in India.
  • Example: A businessperson abroad instructs their partner in India to bribe officials. Emails and calls provide evidence of intent.

International Cooperation:

  • Cases under this section often require cooperation between India and other countries to gather evidence and extradite the accused.
  • Example: India collaborates with another country to arrest and extradite someone accused of abetment who is living abroad.

Challenges in Prosecution:

  • Prosecution can be complex due to jurisdictional issues and the need for solid evidence linking the abettor’s actions to the crime in India.
  • Example: Authorities need to establish a clear connection between the instructions given from abroad and the crime committed in India.

Section 48 BNS Overview

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

AspectDetails
DefinitionEncouraging or assisting a crime in India from outside India.
OffenceAbetment of a crime that occurs within India.
PunishmentSame as for committing the crime within India.
BailableDepends on the nature of the crime abetted.
Bharatiya Nyaya Sanhita Section 48

BNS Section 48 FAQs

What is BNS Section 48?

What kind of actions fall under this section?

Can someone be punished for abetment if they are not in India?

Does it matter where the crime was committed?

The crime must occur in India, but the abetment can happen anywhere in the world.


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