Introduction of BNS Section 50
BNS Section 50 talks about what happens if someone helps another person commit a crime, but the person who did the crime had a different plan or intention. Even if the actual crime is different from what the helper intended, the helper will still be punished as if the crime happened the way they intended. This section makes sure that those who assist in crimes are held responsible, even if things don’t turn out exactly as planned
The Bharatiya Nyaya Sanhita (BNS) Section 50 replaces the old Indian Penal Code (IPC) Section 110.
What is section 50 of BNS ?
BNS Section 50 means that if you help someone commit a crime, but the crime they commit is different from what you planned or intended, you will still be punished based on what you wanted to happen. The law makes sure that helpers are responsible for the crime, even if the outcome is different from what they expected.
Bharatiya Nyaya Sanhita Section 50
Bharatiya Nyaya Sanhita (BNS) Section 50 provides for punishment in cases where a person abets an act, and that act is actually committed as a consequence of such abetment, but the law has not expressly prescribed any specific punishment for such abetment.
This section ensures that abettors do not escape liability simply because the offence committed in consequence of their instigation is not separately defined with a punishment.
It corresponds to old IPC Section 109, retained with minor restructuring under BNS 2023.
1. Meaning of Section 50
- If a person abets an act, and that act is carried out, then the abettor is liable.
- Even if there is no separate punishment specifically given for that abetment, the abettor will be punished with the same punishment as the principal offence.
- Liability is attached to the abettor once the act is committed as a result of their instigation or assistance.
2. Purpose of Section 50
The section aims to:
- Ensure abettors cannot escape liability due to absence of an explicit provision.
- Establish parity between the abettor and the main offender.
- Strengthen criminal law by punishing behind-the-scenes actors equally.
- Deter people from encouraging crimes while hoping to avoid punishment.
3. Essential Ingredients of Section 50
For Section 50 to apply:
- Act of abetment – Instigation, encouragement, or assistance by the abettor.
- Consequent offence – The act abetted must have been committed.
- No express provision – There is no separate section providing specific punishment for such abetment.
- Mens rea – The abettor must have intended or knowingly supported the act.
4. Punishment under BNS Section 50
- The abettor is punished with the same punishment as the main offence, unless the law provides otherwise.
- The punishment depends on the nature and seriousness of the act committed.
- Example: If someone abets theft and the theft is committed, but no specific punishment for abetment of theft exists, the abettor is punished as a thief.
5. Examples of Section 50 in Action
- Example 1 (Theft): A instigates B to steal a phone. B commits theft. A is punished as if he committed theft himself.
- Example 2 (Cheating): A encourages B to cheat C in a small transaction. B cheats successfully. A is liable for cheating, even though no express section on “abetment of cheating” exists.
- Example 3 (Assault): A provokes B to beat C. B assaults C. A is punished with the same penalty as if he himself committed the assault.
- Example 4 (Damage to property): A abets B to break windows of a shop. B does it. A is equally liable for mischief.
6. Importance of Section 50
- Establishes equality of liability between doer and abettor.
- Prevents loopholes in law where abettors might escape.
- Reinforces accountability for those who instigate crimes.
- Promotes justice by ensuring that abetment carries equal responsibility when the act is committed.
Section 50 BNS Overview
BNS Section 50 addresses the situation where someone assists or encourages another person to commit a crime, but the person who commits the crime does so with a different intention or understanding. In such cases, the abettor is punished as if the crime had been committed with their original intention.
Key Points
1. Different Intentions
If you abet a crime with one motive, but the offender has a different motive, you are still liable.
Example: A convinces B to steal money to donate to an orphanage. But B steals money to keep for himself. A is still guilty of abetting theft, because theft is theft—the motive does not change the crime.
2. Punishment Based on Abettor’s Intent
The punishment you receive is tied to your own original intention. Even if the offender changes their motive, your liability doesn’t shift.
Example: A asks B to commit fraud so A can gain financially. B instead commits the fraud to take revenge on someone. A will be punished as though the fraud was done for financial gain.
3. Nature of the Crime Does Not Change
Even if the criminal has a different reason, the crime itself stays the same in the eyes of the law.
Example: If A helps B commit arson (burning property) for insurance money, but B burns it for revenge, A is still guilty of abetting arson.
4. Classification of Offense
The seriousness of the crime—whether it is cognizable or non-cognizable, bailable or non-bailable—remains linked to the original intended crime. The offender’s motive doesn’t change the classification for the abettor.
Example: If A abets robbery (a cognizable and non-bailable offence), A will be tried under the same rules, even if B robbed for a personal fight.
5. Trial in the Same Court
The case against the abettor is tried in the same court that would try the original crime. This makes sure both the offender and the abettor are treated consistently.
Example: If A abets murder, A will be tried in the sessions court, just like the main offender, even if the offender had a different personal reason.
6. Explanation of Intent
The court will look at what you meant when you abetted the act, not what the offender meant. Your mental state is the deciding factor in your punishment.
Example: If A helped B cheat a company to make money, but B’s personal goal was to take revenge, A’s liability is still tied to financial gain, because that was A’s motive.
7. Differences in Execution
Small differences in how the crime is carried out don’t free the abettor from liability. If you abet fraud, you are guilty of fraud, even if the offender uses a slightly different method than you imagined.
Example: A suggests using fake signatures to cheat, but B cheats using forged documents instead. A is still guilty of abetting cheating.
8. Intentional vs. Actual Crime
Your liability is not based on the offender’s intention, but on the crime itself and your role in supporting it. The offender’s reason doesn’t reduce your responsibility.
Example: If A gave money to B to bribe an officer for a license, but B used it to bribe for a job, A is still guilty of abetment of bribery.
9. Judicial Discretion
Sometimes courts may adjust punishment if there’s a big difference between the abettor’s intention and the actual crime. But your guilt as an abettor remains—it’s only the punishment that may vary.
Example: If A abets a minor assault but B turns it into a grievous assault, A may be punished for the minor assault he intended, though the court might consider the severity of what happened.
10. Legal Consistency
The purpose of Section 50 is fairness and consistency. It ensures abettors are judged on their own intentions, so they cannot hide behind the offender’s different motives. This makes the law more predictable and fair.
Example: If A intended a non-violent crime but B made it violent, A is still punished for what he intended, not for the escalated violence.
Comparison: BNS Section 50 vs IPC Section 109
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 50 |
Punishment of abetment if the act abetted is committed in consequence, and no express provision is made for its punishment. Abettor is liable once the offence abetted is actually committed. |
Same punishment as provided for the offence committed. (Equal liability as the principal offender). |
Depends on the main offence | Depends on the main offence | Court competent to try the main offence |
| IPC Section 109 (Old) |
Punishment of abetment if the act abetted is committed in consequence, and no express provision is made for its punishment. Abettor treated the same as principal offender. |
Same punishment as for the main offence. (No separate penalty defined). |
Depends on the main offence | Depends on the main offence | Court competent to try the main offence |
BNS Section 50 FAQs
What happens if the abettor’s intention differs from the actual perpetrator’s?
The abettor is punished based on the intention they had, not the intention of the person who committed the crime.
Is the abettor’s punishment affected by the actual crime committed?
No, the punishment is based on the abettor’s original intention, regardless of the actual crime.
How is the severity of punishment determined?
The severity is based on what the abettor intended, not what the actual perpetrator did.
Does the court have any discretion in punishing the abettor?
Yes, the court may use discretion to adjust the punishment based on the differences in intention.
Conclusion
BNS Section 50 ensures fairness in criminal liability by focusing on the abettor’s own intention rather than the offender’s changed motive. This strengthens India’s legal framework by making sure that helpers and instigators of crime cannot escape punishment just because the actual offender had a different plan.
By punishing abettors based on their own intent, the law promotes accountability and consistency in justice.
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Finished with BNS 50? 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 51 : Liability of abettor when one act abetted and different act done
https://marriagesolution.in/bns_section/bns-51/ - BNS 52 : Abettor when liable to cumulative punishment for act abetted and for act done
- https://marriagesolution.in/bns_section/bns-52/
- BNS 53 : Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
- https://marriagesolution.in/bns_section/bns-53/
- BNS Section 54 : Abettor present when offence is committed
- https://marriagesolution.in/bns_section/bns-section-54/
- 55 BNS : Abetment of offence punishable with death or imprisonment for life
- https://marriagesolution.in/bns_section/55-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list