Section 49 – Bharatiya Nyaya Sanhita (BNS) – Punishment Of Abetment If Act Abetted Is Committed In Consequence And Where No Express Provision Is Made For Its Punishment.

Code of Section 49 BNS

Whoever abets any offence shall, if the act abetted is committed in consequence of
the abetment, and no express provision is made by this Sanhita for the punishment of such
abetment, be punished with the punishment provided for the offence.
Explanation.—An act or offence is said to be committed in consequence of abetment,
when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or
with the aid which constitutes the abetment.
Illustrations.
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits
that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the
poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the
conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here
B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the
punishment for murder.

Explanation of Section 49 BNS

What is Abetment?

Abetment refers to the act of encouraging, instigating, or assisting someone in committing an offence. If the abetted offence is carried out as a direct consequence of the abetment, the abettor is held equally responsible under Section 49 of BNS.

Key Points of Section 49 BNS:

1. Punishment for Abetment
   • If an offence occurs due to abetment, and there is no separate punishment for abetment, the abettor faces the same punishment as the main offender.
2. Types of Abetment
   • Instigation – Encouraging or provoking a person to commit a crime.
   • Conspiracy – Planning an offence with others, even if not directly executing it.
   • Aiding – Providing assistance, support, or resources to commit the crime.
3. No Need for Direct Involvement
   • The abettor doesn’t need to physically commit the crime. If their action led to the offence, they are equally liable.
4. No Separate Punishment Needed
   • If BNS does not provide a distinct punishment for abetment, the abettor receives the same punishment as the main offender.

Illustrations of Section 49 BNS

Example 1: False Evidence

A lawyer encourages a witness to lie under oath. The witness commits perjury. The lawyer is punished just like the witness for abetting the offence.

Example 2: Conspiracy to Commit Murder

Two business partners plan to eliminate a rival. One arranges the weapon, and the other commits the murder. Both will face the punishment for murder.

Common Questions & Answers on Section 49 BNS

1. What is the punishment for abetment under BNS?

If the abetment leads to the offence, and there is no separate provision for punishment, the abettor gets the same punishment as the main offender.

2. Can a person be guilty of abetment without committing the crime?

Yes. A person can be guilty of abetment even if they did not commit the offence but instigated or helped in its execution.

3. How is abetment different from conspiracy?

• Abetment involves instigation, assistance, or conspiracy.
• Conspiracy focuses on planning a crime, whether executed or not.

4. Is intention important in abetment cases?

Yes, the prosecution must prove that the abettor had the intention to encourage or facilitate the crime.

5. Can someone be punished for abetment if the offence was not committed?

Yes. Even if the crime was not committed, an abettor can be charged under Section 48 BNS (Read More on Section 48).

Conclusion

Section 49 BNS ensures that those who encourage or assist in crimes do not escape punishment. Whether through instigation, conspiracy, or aiding, abettors are held accountable just like the principal offenders.

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