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Introduction of BNS Section 52

BNS Section 52 outlines the legal consequences for someone who encourages another person to commit a crime. If the encouraged crime is committed, and another related crime also occurs as a direct result, the person who encouraged the crime is responsible for both offenses. This section ensures that an abettor is fully accountable for all the outcomes of their encouragement, not just the crime they intended.



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.

Explanation of when an abettor is punished for multiple crimes under BNS Section 52.
BNS 52: When encouraging one crime leads to punishment for another.

BNS Section 52 in Simple Points

Liability for Multiple Crimes:

  • If someone is encouraged to commit a crime and ends up committing two different crimes, the one who encouraged them is responsible for both.

Separate Offences:

  • The crimes committed are treated separately, and the abettor faces punishment for each.

Knowing the Risk:

  • If the abettor knew another crime might happen as a result of their encouragement, they are liable.

Type of Crimes Matter:

  • The nature of the crimes (serious or not, bailable or not) affects how the law treats them.

Court Trial:

  • The court that would try the crime that was encouraged will handle the case.

Some KeyPoints.

Offence: Describes the act of encouraging one crime and being liable for another crime that happens because of the first encouragement.

Punishment: If both crimes occur, the abettor is punished for each crime separately, depending on the severity of each.

Cognizable or Non-Cognizable: Whether an offence is cognizable or not depends on the type of crime that was abetted.

Bailable or Non-Bailable: The nature of bail eligibility depends on the crime that was encouraged and the additional crime committed.

Court for Trial: The same court that would handle the primary abetted crime will try the abettor for any additional crime committed.


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

Responsibility for Both Crimes:

  • If you encourage someone to commit a crime, and they end up committing both the crime you encouraged and another crime, you can be held responsible for both crimes.
  • Example: If you tell someone to start a fight and they end up seriously injuring someone, you are responsible for both the fight and the injury.

Separate Punishments:

  • The law says that you can be punished separately for the crime you encouraged and for the other crime that happened because of your encouragement.
  • Example: If you encourage someone to break a window (vandalism) and they also steal something (theft), you could be punished for both vandalism and theft.

Knowledge of Possible Consequences:

  • You are held responsible if you knew that a second crime could happen as a result of the crime you encouraged.
  • Example: If you knew that asking someone to break into a house could lead to a fight with the homeowner, and it does, you are responsible for both the break-in and the fight.

Crime Type Matters:

  • The type of crime (whether it’s serious or not, whether you can be bailed out or not) affects how the law applies.
  • Example: If the crime you encouraged is a minor theft and no one got hurt, it might be less serious than if the crime was a violent robbery.

Court for Trial:

  • The case will be handled by the court that would normally try the crime that was encouraged.
  • Example: If the crime encouraged is under a local court’s jurisdiction, then that court will handle the trial for both crimes.

Act Done in Addition to the Abetted Act:

  • If the person you encouraged commits another crime in addition to the one you encouraged, it is treated as a separate crime.
  • Example: If you encourage someone to cheat on a test and they also steal the test papers, the cheating and the theft are treated as separate crimes.

Intent and Result:

  • Your intent to encourage one crime can lead to being punished for a different result if it is a likely outcome.
  • Example: If you encourage someone to confront someone else, and a fight breaks out, you are responsible if the fight was a likely result of the confrontation.

Based on the Encouraged Act:

  • The legal consequences depend on what type of crime was initially encouraged.
  • Example: Encouraging someone to jaywalk (cross the street illegally) is much less severe than encouraging someone to commit a serious crime like assault.

Punishment Matches Crime:

  • The punishment for the abettor matches the seriousness of the crime that was committed, not just the crime that was encouraged.
  • Example: If the crime encouraged was minor but the outcome was severe, the punishment will reflect the severity of the outcome.

Cumulative Liability:

  • The abettor is cumulatively liable, meaning they can be punished for every crime that happens because of their encouragement, not just the first crime.
  • Example: If you encourage a group to protest illegally and it turns into a riot with property damage, you can be punished for both the illegal protest and the riot-related damages.

Bharatiya Nyaya Sanhita Section 52

PointsDetails
OffenceAbetting a crime where a different or additional crime is committed as a result.
PunishmentThe punishment depends on the nature of the crimes committed. If both crimes were likely due to the encouragement, the abettor is punished for each crime.
Cognizable or Non-CognizableDepends on the nature of the crimes abetted. A cognizable offence allows for arrest without a warrant; a non-cognizable offence does not.
Bailable or Non-BailableDepends on the crimes abetted. Bailable offences allow the accused to seek bail as a matter of right, while non-bailable offences do not.
Court for TrialThe court that would typically try the crime that was abetted will also handle the additional crime.
Bharatiya Nyaya Sanhita Section 52

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?

What if the abettor did not know about the second crime?


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