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Introduction of BNS Section 56

BNS Section 56 is about punishing someone who helps or encourages another person to commit a crime. If the crime does not happen, the person who helped can still be punished. The punishment can be up to one-fourth of the longest prison term for the crime.



What is section 56 of BNS ?

BNS Section 56 punishes individuals who try to make others commit a crime that leads to imprisonment, even if the crime does not happen. The punishment includes possible imprisonment and fines, with stricter penalties for public servants.

BNS 56 about abetment of crime leading to imprisonment.
BNS 56 addresses the punishment for abetment of crimes leading to imprisonment.

BNS Section 56 in Simple Points

BNS Section 56 deals with punishing people who encourage or help others to commit crimes punishable by imprisonment. Even if the crime does not actually happen, the person who tried to help or encourage it can still be punished. Here’s a simplified explanation:

ey Points:

  1. Punishment for Encouragement:
    • If a person helps or encourages another to commit a crime punishable by imprisonment, but the crime does not occur, they can still be punished. The punishment can be up to one-fourth of the longest possible prison term for that crime. For instance, if a crime could result in 8 years in prison, the encourager might get up to 2 years in jail.
  2. Punishment for Public Servants:
    • If the person who encouraged the crime is a public servant (like a police officer) whose job is to prevent such crimes, their punishment can be up to half of the longest term of imprisonment for the crime. This means they can face more severe consequences if they fail in their duty.
  3. Types of Punishments:
    • The encourager may receive a prison sentence, a fine, or both. For example, if a crime could lead to 10 years in prison, the encourager might be sentenced to up to 2.5 years in jail and may also have to pay a fine.
  4. Examples:
    • If someone tries to convince another to lie in court and the lie does not happen, they are still punishable under this section.
    • If a police officer encourages a robbery and it does not occur, they are liable to up to half of the maximum prison term for robbery and may also face a fine.
    • If someone encourages a police officer to commit a robbery, even if the robbery does not happen, they can face up to half the prison term for robbery and a fine.
  5. Legal Classification:
    • The offence can be classified based on whether it is cognizable (serious) or non-cognizable (less serious), and whether it is bailable or non-bailable. It is non-compoundable, meaning it cannot be settled outside the court.

Section 56 BNS Overview

BNS Section 56 deals with the punishment for someone who encourages or helps another person commit a crime that is punishable by imprisonment. Even if the crime does not actually happen, the person who encouraged or helped can still be punished. The punishment can be up to one-fourth of the longest prison term for that crime. If the person who helped is a public servant, the punishment can be up to half of the longest prison term.

Key Points:

  1. Encouragement of Crime:
    • If you help or encourage someone to commit a crime punishable by imprisonment, you can be punished even if the crime is not carried out.
    Example: If you convince someone to steal but the theft does not occur, you can still be punished.
  2. Punishment Length:
    • The maximum punishment for encouraging a crime is up to one-fourth of the longest possible prison term for that crime.
    Example: If the crime you encouraged could lead to 8 years in prison, your punishment could be up to 2 years.
  3. Public Servants:
    • If the person encouraging the crime is a public servant (like a police officer), the punishment can be up to half of the longest prison term for the crime.
    Example: If a police officer encourages a robbery, their punishment can be up to 4 years if the maximum term for the robbery is 8 years.
  4. Fines:
    • In addition to imprisonment, you may also have to pay a fine if you are convicted under this section.
    Example: Along with a prison sentence, you might have to pay a fine if you encouraged a crime.
  5. Imprisonment or Fine:
    • The punishment can be imprisonment, a fine, or both, depending on the case.
    Example: You might receive a prison sentence and also be required to pay a fine if you helped someone commit a crime.
  6. No Crime Committed:
    • Even if the encouraged crime does not happen, you are still punishable.
    Example: If you persuade someone to commit fraud and they do not follow through, you can still face legal consequences.
  7. Non-Compounding:
    • The offence is non-compoundable, meaning it cannot be settled outside the court.
    Example: You cannot just pay money to avoid punishment; the case must be handled in court.
  8. Cognizable or Non-Cognizable:
    • The crime you encouraged can be either serious (cognizable) or less serious (non-cognizable), affecting how it is handled by the police.
    Example: Encouraging a serious crime like murder will be treated more seriously compared to a minor crime.
  9. Legal Process:
    • The case will be tried by the court that deals with the crime you encouraged.
    Example: If you encouraged a robbery, the case will be tried in the court that handles robbery cases.
  10. Different Types of Crimes:
    • The section applies to various crimes, whether they are serious or less serious, as long as they are punishable by imprisonment.
    Example: This can include crimes like assault or theft, depending on the circumstances.

BNS 56 Punishment

Imprisonment:

  • The person can be imprisoned for up to one-fourth of the maximum prison term for the crime they encouraged. For instance, if the maximum term is 8 years, the person could be imprisoned for up to 2 years.

Fine:

  • They may also be fined or both fined and imprisoned.

Public Servants:

  • If the person is a public servant, the punishment can be up to half of the longest prison term for the crime.
BNS 56 Punishment Details
Punishment under BNS Section 56 for Abetment of Imprisonable Offences

BNS 56 bailable or not ?

If the original offence is bailable, then the abetment offence under Section 56 is also bailable.

If the original offence is non-bailable, then the abetment offence is also non-bailable.


Bharatiya Nyaya Sanhita Section 56

DetailExplanation
OffenceDepends on the original crime’s classification (cognizable or non-cognizable).
Punishment– Imprisonment up to one-fourth of the maximum term for the original crime, or fine, or both.
– If the abettor is a public servant, imprisonment can be up to half of the maximum term, or fine, or both.
Cognizable/Non-CognizableSame as the offence that was abetted (cognizable or non-cognizable).
Bailable/Non-BailableSame as the offence that was abetted (bailable or non-bailable).
CourtThe case is tried in the same court that would handle the original offence.
Bharatiya Nyaya Sanhita Section 56

BNS Section 56 FAQs

What does BNS Section 56 cover?

What is the maximum punishment for abetment under this section?

Can a public servant face more severe punishment?

Yes, public servants can be punished with up to half of the longest term of imprisonment for the crime they abetted.

Is a fine also a possible punishment?


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