Code: Section 46 BNS
A person abets an offence, who abets either the commission of an offence, or the
commission of an act which would be an offence, if committed by a person capable by law of
committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1.—The abetment of the illegal omission of an act may amount to an
offence although the abettor may not himself be bound to do that act.
Explanation 2.—To constitute the offence of abetment it is not necessary that the act
abetted should be committed, or that the effect requisite to constitute the offence should be
caused.
Illustrations.
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit
murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers
from the wound. A is guilty of instigating B to commit murder.
Explanation 3.—It is not necessary that the person abetted should be capable by law
of committing an offence, or that he should have the same guilty intention or knowledge as
that of the abettor, or any guilty intention or knowledge.
Illustrations.
(a) A, with a guilty intention, abets a child or a person of unsound mind to commit an
act which would be an offence, if committed by a person capable by law of committing an
offence, and having the same intention as A. Here A, whether the act be committed or not, is
guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age,
to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the
absence of A and thereby causes Z’s death. Here, though B was not capable by law of
committing an offence, A is liable to be punished in the same manner as if B had been capable
by law of committing an offence, and had committed murder, and he is therefore subject to
the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness
of mind, being incapable of knowing the nature of the act, or that he is doing what is wrong
or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed
no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is
liable to the punishment provided for that offence.
(d) A, intending to cause a theft to be committed, instigates B to take property belonging
to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the
property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under
this misconception, does not take dishonestly, and therefore does not commit theft. But A is
guilty of abetting theft, and is liable to the same punishment as if B had committed theft.
Explanation 4.—The abetment of an offence being an offence, the abetment of such
an abetment is also an offence.
Illustration.
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and
C commits that offence in consequence of B’s instigation. B is liable to be punished for his
offence with the punishment for murder; and, as A instigated B to commit the offence, A is
also liable to the same punishment.
Explanation 5.—It is not necessary to the commission of the offence of abetment by
conspiracy that the abettor should concert the offence with the person who commits it. It is
sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
Illustration.
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison.
B then explains the plan to C mentioning that a third person is to administer the poison, but
without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to
B for the purpose of its being used in the manner explained. A administers the poison; Z dies
in consequence. Here, though A and C have not conspired together, yet C has been engaged
in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the
offence defined in this section and is liable to the punishment for murder
Explanations under Section 46 BNS
- Abetment of illegal omission – Even if the abettor is not legally bound to perform an act, they can still be guilty of abetment.
- Crime need not be completed – A person can be guilty of abetment even if the act abetted is not committed or does not have its intended effect.
- Abetment without legal capacity – An abettor can still be held responsible even if the person they abet is legally incapable of committing the offense.
- Abetment of abetment – A person who abets another to abet a crime is also guilty.
- Conspiracy in abetment – Direct involvement is not necessary; participation in a conspiracy that leads to a crime is sufficient.
Illustrations of Abettor under Section 46 BNS
Illustration 1: Instigating Murder
Scenario: A instigates B to murder C, but B refuses.
Legal Outcome: A is guilty of abetting murder even if B does not commit the crime.
Illustration 2: Unsuccessful Attempt
Scenario: A instigates B to stab D. B stabs D, but D recovers.
Legal Outcome: A is guilty of abetment to commit murder.
Illustration 3: Abetment by Conspiracy
Scenario: A and B conspire to poison Z. C procures the poison without knowing A’s identity. A administers the poison, and Z dies.
Legal Outcome: Though A and C never directly conspired, C is still guilty of abetment.
Illustration 4: Abetment without Offender’s Legal Capacity
Scenario: A instigates a child (below 7 years) to kill Z. The child follows the instruction, and Z dies.
Legal Outcome: Since the child is not legally responsible, A is held fully accountable for murder.
Common Questions and Answers on Section 46 BNS
1. Can a person be punished for abetment if the crime is not committed?
Yes, abetment is a separate offense under Section 46 BNS, even if the intended crime is not carried out.
2. Does the abettor face the same punishment as the main offender?
Yes, generally, the abetter receives the same punishment as the principal offender.
3. Can someone be an abettor without physically participating in the crime?
Yes. A person who instigates, conspires, or aids the crime is still considered an abettor.
4. What if the abetted person does not have criminal intent?
Even if the person committing the act does not have criminal intent (e.g., a minor or an insane person), the abettor is still guilty.
5. Is abetting another person to abet a crime also punishable?
Yes. Abetment of abetment is also an offense under Section 46 BNS.
Conclusion
Section 46 of the Bharatiya Nyaya Sanhita (BNS) ensures that those who instigate, aid, or conspire in a crime are held legally accountable. Even if the crime is not committed or the main offender is not legally responsible, the abettor remains liable.
For more detailed legal insights, visit ApniLaw today! 🚀
