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Introduction of BNS 49

BNS 49 covers the punishment for abetment when the act encouraged by the abettor is carried out, and no specific punishment is mentioned for the abetment itself. If the crime happens due to the abetment, the person who abetted is punished in the same way as if they had committed the crime themselves.


What is section 49 of BNS ?

BNS Section 49 states that if someone helps or encourages a crime and that crime occurs, but there is no specific punishment stated for their role in encouraging the crime, they will receive the same punishment as the person who actually committed the crime.

BNS 49: Abetment of Offence Outside India
BNS Section 49: Legal consequences for abetting crimes outside India that occur within India.

BNS Section 49 in Simple Points

Helping from Abroad:

  • If a person outside India helps someone inside India to commit a crime, they are also considered guilty.
  • Example: If someone in another country advises someone in India to commit fraud, the advisor can be punished.

Encouragement from Outside:

  • Encouraging someone in India to commit a crime, even from another country, is punishable.
  • Example: If a person in Australia persuades someone in India to steal, they can be punished.

Same Punishment:

  • The person outside India who abets the crime is punished just like the person who commits the crime in India.
  • Example: If a person in the UK helps someone in India to commit a robbery, they face the same punishment as the robber.

Legal Responsibility:

  • The law holds those outside India responsible if their actions lead to a crime being committed inside India.
  • Example: If someone in the USA funds a criminal activity in India, they are legally responsible.

Jurisdiction:

  • Indian law applies to abetment even if the abettor is not physically present in India.
  • Example: If a person in Canada conspires with someone in India to commit a crime, the person in Canada can be prosecuted in India.

Section 49 BNS Overview

BNS Section 49 says that if a person helps or encourages someone to commit a crime, and the crime happens, they will get the same punishment as the person who committed the crime, even if there’s no specific punishment mentioned for their role.

10 Key – points of BNS 49

Punishment for Abetment:

  • If someone encourages or helps in committing a crime, and the crime happens, they face the same punishment as the person who actually committed the crime.
  • Example: If a person encourages another to commit theft and the theft occurs, the encourager is punished as if they committed the theft.

Absence of Specific Punishment:

  • When the law does not specify a punishment for the act of encouraging a crime, the abettor is punished as if they committed the crime.
  • Example: If someone conspires to commit fraud and the fraud takes place, the conspirator is punished like the person who committed the fraud.

Instigation:

  • If someone provokes another to commit a crime and that person follows through, the instigator is punished as if they committed the crime themselves.
  • Example: If A persuades B to falsify documents and B does so, A faces the same punishment as B.

Conspiracy:

  • If a group conspires to commit a crime and one member carries out the crime, all members who conspired are punished as if they committed the crime.
  • Example: If A and B plan to poison someone and B administers the poison, A is punished as if they committed the murder.

Aid and Support:

  • Providing help or support in committing a crime leads to the same punishment as if the supporter had committed the crime.
  • Example: If A provides the tools for a robbery and the robbery occurs, A is punished like the robber.

Act Committed in Consequence:

  • An act is considered to be committed in consequence of abetment if it results from the encouragement or aid provided.
  • Example: If someone helps plan a robbery and the robbery happens, the helper is punished as if they committed the robbery.

Direct and Indirect Abetment:

  • Both direct instigation and indirect aid can lead to the same punishment as the actual crime if the crime is committed.
  • Example: If A indirectly aids B in committing a crime, A is punished like B.

Legal Consequences:

  • The legal consequences for abetment are serious and can include severe penalties if the crime is carried out.
  • Example: If someone aids a terrorist attack and the attack occurs, they face severe penalties.

Classification of Offence:

  • The nature of the offence abetted determines whether it is bailable, non-bailable, cognizable, or non-cognizable.
  • Example: Abetment of a serious crime like murder is non-bailable, meaning the abettor cannot get bail easily.

Court Jurisdiction:

  • The court that tries the person who committed the crime will also handle the case against the abettor.
  • Example: If a robbery is tried in a particular court, the person who abetted the robbery will also be tried in that court.

Bharatiya Nyaya Sanhita Section 49

AspectDetails
DefinitionPunishment for abetment is the same as for the actual crime if no specific punishment is provided.
OffenceAbetment leading to the commission of a crime.
PunishmentSame as for the offence committed.
BailableDepends on the nature of the offence abetted.
Bharatiya Nyaya Sanhita Section 49

BNS Section 49 FAQs

What does BNS Section 49 cover?

How is the punishment determined for an abettor?

The punishment is the same as for the person who actually committed the crime.

What if there is a specific punishment for abetment?


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