Introduction of BNS Section 52
BNS Section 52 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the liability of an abettor when the act abetted leads not only to the commission of that act but also to another connected offence. In simple terms, if a person encourages, instigates, or assists someone in committing a crime, and as a result, both the abetted crime and another related crime are committed, the abettor is liable for both.
This provision ensures that the law holds an abettor fully accountable for the chain of consequences that flow from their encouragement, even if the second offence was not directly intended. By doing so, BNS Section 52 emphasizes cumulative liability and prevents abettors from escaping responsibility by claiming they only supported the first act.
The Bharatiya Nyaya Sanhita (BNS) Section 52 replaces the old Indian Penal Code (IPC) Section 112.
What is section 52 of BNS ?
BNS Section 52 explains that if someone encourages another person to commit a crime, and that person commits both the encouraged crime and another separate crime, the person who encouraged them can be punished for both crimes.
Bharatiya Nyaya Sanhita Section 52
If an abettor encourages or helps another person to commit an offence, and that person commits the abetted offence along with another related offence, the abettor is liable to punishment for both offences separately, as if he himself committed them.
1. Meaning of Section 52
BNS Section 52 means that when someone abets a crime, and the actual offender commits both the abetted crime and another connected crime, the abettor is held responsible for each crime separately.
- You do not escape liability by saying you only encouraged one act.
- Each act is treated as a separate offence, and punishment is given for both.
- The abettor shares liability for the entire chain of offences caused by his encouragement.
2. Purpose of Section 52
The main purpose of this section is to:
- Ensure cumulative accountability – The abettor cannot hide behind the excuse of “I only suggested one crime.”
- Punish the abettor for the full consequences of his instigation.
- Deter people from encouraging crimes, knowing they could be held liable for all connected outcomes.
- Close legal loopholes where abettors earlier tried to limit their liability to only the exact act they suggested.
3. Essential Ingredients of Section 52
For this section to apply, the following conditions must exist:
- Abetment – The abettor instigated, aided, or encouraged an act.
- Act committed – The person commits the abetted offence.
- Additional offence – Another crime is also committed in the course of the act.
- Causation – The second crime is a result of the abetted act.
- Separate liability – The law treats both offences as distinct, making the abettor liable for each.
4. Punishment under BNS Section 52
- The abettor is punished for each offence separately — both the abetted act and the additional act.
- The type of punishment depends on the seriousness of the crimes committed.
- Whether the offences are bailable or non-bailable, cognizable or non-cognizable depends on the nature of the crimes.
- The same court that tries the abetted offence will also handle the additional offence.
5. Examples of BNS Section 52 in Action
Example 1 – Assault + Robbery:
A tells B to slap C. B not only slaps C but also robs his wallet. A is liable for both assault and robbery.
Example 2 – House Trespass + Hurt:
A encourages B to trespass into a house. During the act, B injures the owner. A is responsible for trespass and causing hurt.
Example 3 – Damage + Theft:
A instigates B to break a shop’s lock. B breaks the lock and also steals goods. A is liable for mischief and theft.
Example 4 – Cumulative Liability (Multiple Crimes):
A helps B plan a burglary. During the burglary, B commits theft and also assaults the guard. A is liable for burglary, theft, and assault.
6. Importance of Section 52
BNS Section 52 is important because it:
- Ensures complete liability of the abettor for all offences connected with his instigation.
- Provides separate punishments for each crime instead of a single combined punishment.
- Promotes justice and fairness by punishing every offence committed, not just the abetted one.
- Strengthens deterrence by showing that abettors cannot escape partial responsibility.
- Replaces IPC Section 112 with a clearer, stronger rule suited for modern law.
Section 52 BNS Overview
BNS Section 52 means if you encourage someone to commit a crime and they end up committing that crime and another different crime, you can be punished for both.
Key-Points
BNS Section 52 – Simple and Detailed Explanation
1. Responsibility for Multiple Crimes
If you encourage someone to commit a crime, and that person ends up committing the crime you encouraged plus another crime, you will be held responsible for both. The law does not limit your responsibility only to the act you suggested. Your role in influencing the person makes you equally answerable for every crime that happens because of your involvement.
2. Separate Offences
The law treats each crime as a separate offence. This means you will not face one single punishment for everything; instead, you will face separate punishments for each crime. For example, if two different crimes take place, you may face two different punishments. This ensures that every illegal act is properly punished and nothing is ignored.
3. Knowledge of Consequences
If you knew, or should have reasonably expected, that another crime might occur because of your encouragement, you are liable for it. The law focuses on your awareness. For instance, if it is clear that one crime could naturally lead to another, then you are considered responsible. Your knowledge or foresight about the possible consequences makes you accountable.
4. Nature of Crimes
The seriousness of the crimes matters a lot. Some crimes are light (like damaging property), while others are very serious (like murder or robbery). Depending on the nature of the crimes, the law decides if they are bailable or non-bailable, and cognizable or non-cognizable. So, your level of punishment and how the case is handled will depend on how serious the actual crimes are.
5. Court for Trial
The case will be handled in the same court that would normally deal with the crime you encouraged. If the crime is small, the lower court will take it. If the crime is big, like a serious offence, then a sessions court or higher court will handle it. This keeps the process simple and ensures the trial happens in the correct court.
6. Additional Acts Beyond Encouragement
Sometimes, the person you encouraged might do more than what you told them to do. If they commit extra crimes apart from the one you suggested, those additional crimes are also counted, and you are held responsible for them. The law makes sure that you cannot escape liability just because you did not directly ask for the second crime.
7. Intent and Result
The law looks at both what you intended and what actually happened. Even if you only planned for one small crime, if a bigger or related crime happens as a natural result of your encouragement, you are responsible for it too. The reason is that the outcome was foreseeable, and the law does not excuse such predictable results.
8. Based on Encouraged Crime
The starting point for your responsibility is the crime you encouraged. However, if the result ends up being a more serious crime, your punishment will be higher. This means that your liability is not limited to your original plan — it extends to whatever final crime took place if it was connected to your encouragement.
9. Punishment Matches Seriousness
Your punishment depends on the seriousness of the actual crimes committed. If the crimes turn out to be bigger or harsher than what you originally encouraged, then your punishment will also be harsher. This ensures fairness because the law looks at the actual harm caused rather than just your original intention.
10. Cumulative Liability
You are punished for every single crime that happens because of your encouragement, not just the first one. This is called cumulative liability. The punishments can add up and make your total punishment bigger. The law does this so that people cannot escape by saying, “I only encouraged one thing.” If your words or actions led to multiple crimes, you are answerable for all of them.
Bharatiya Nyaya Sanhita Section 52
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 52 |
Liability of an abettor when both the abetted act and another related offence are committed. The abettor is responsible for each offence separately. |
Cumulative punishment for both the abetted act and the additional act, depending on the seriousness of each offence. |
Depends on the nature of the offences (can be bailable or non-bailable). | Depends on the offences (cognizable if the abetted crime is cognizable). | The same court which tries the abetted offence will also try the additional offence. |
| IPC Section 112 (Old) |
Liability of an abettor when both the abetted act and another act are committed. Similar principle of cumulative liability. |
Abettor is liable for punishment as if guilty of both offences. No detailed clarity on modern classifications like bail or trial jurisdiction. |
Based on the offence abetted (not explicitly structured in IPC text). | Based on the offence abetted (not explicitly structured in IPC text). | Court with jurisdiction over the abetted offence. |
BNS Section 52 FAQs
What is BNS Section 52?
BNS Section 52 deals with situations where a person who encourages someone else to commit a crime (known as an abettor) is held responsible for both the crime they encouraged and any other related crime that happens as a result. If the person they encouraged commits both the planned crime and an additional crime, the abettor can be punished for both. This means the abettor can face separate punishments for each crime if both were a probable outcome of their encouragement.
Is the abettor always punished for both crimes?
Yes, if both the encouraged crime and the additional crime are committed.
What if the abettor did not know about the second crime?
The abettor is not liable unless they knew or should have known the second crime could happen.
Conclusion
BNS Section 52 makes it clear that an abettor is not only guilty of the crime they encouraged but also of any other crime that happens as a direct result of their encouragement. The law treats each offence separately and imposes cumulative punishment, ensuring that no illegal act goes unpunished. This section strengthens accountability in criminal law by recognizing that instigation can create a chain of unlawful acts, and the abettor must take responsibility for all foreseeable outcomes.
If you ever face legal issues related to abetment, criminal trials, or personal disputes, our team at Marriage Solution – Reliable Legal Partner is ready to guide you through every step of the process.
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Finished with BNS 52? 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 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/
- BNS 56 : Abetment of offence punishable with imprisonment
https://marriagesolution.in/bns_section/bns-56/
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