Code: Section 48 BNS
“A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.”
Illustration.
A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.
Explanation of Section 48 BNS
Section 48 of the Bharatiya Nyaya Sanhita (BNS) deals with situations where an individual outside India abets a crime that takes place within India.
Key Aspects:
- Cross-Border Abetment: If a person residing outside India instigates, conspires, or aids in the commission of a crime within India, they will be held legally responsible.
- Jurisdiction Under Indian Law: The crime must be an offense under Indian law for the abettor to face consequences.
- Legal Consequences: Even if the abettor is not physically present in India, they can be prosecuted under Indian law.
This provision ensures that criminals cannot escape liability by operating from outside India while directing crimes in India.
Illustration of Abetment of Offences in India
Example: Instigation of Murder in India from Abroad
Scenario:
A, residing in Country X, instigates B (who is in India) to commit murder in India.
Legal Consequence:
Even though A is not in India, they are guilty of abetting murder under Section 48 BNS.
Common Questions and Answers on Section 48 BNS
1. Can a person living outside India be punished for abetting a crime committed in India?
Yes. If the abettor directs or instigates a crime in India, they can be legally prosecuted under Indian law.
2. What if the foreign country does not consider the act a crime?
It does not matter. If the act is a crime under Indian law, the person can be punished under Indian jurisdiction.
3. Does the abettor need to be in India to face legal action?
No. Even if they never enter India, they can be charged, extradited, or prosecuted in absentia under Indian law.
4. Can the Indian government request extradition of the abettor?
Yes. India can request extradition through international treaties if the country where the abettor resides has an extradition agreement with India.
5. What if the crime is not committed, but abetment is proven?
Even if the crime is not committed, the abetment itself is a punishable offense under Indian law.
Conclusion
Section 48 of the Bharatiya Nyaya Sanhita (BNS) extends India’s legal jurisdiction to those residing outside India who abet crimes within the country. This ensures that individuals cannot escape liability just by operating from abroad.
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