Introduction

• Chapter IV of Bhartiya Nyaya Sanhita, 2023 (BNS) provides for abetment, criminal conspiracy and attempt.
• In the Indian Penal Code, 1860 (IPC) it is placed in Chapter V.

Definition of Abetment and Abettor

• Section 45 of BNS defines Abetment.
  • It provides that a person abets the doing of a thing who:
    • Instigates any person to do a thing;
    • Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
    • Intentionally aids, by any act or illegal omission, the doing of that thing.
  • Explanation 1 provides that a person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
  • Explanation 2 provides that whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
  • The definition of abetment was earlier contained in Section 107 of IPC. Note that there have been no changes in the definition.
• Section 46 of BNS defines Abettor.
  • It provides that a person abets an offence
    • Who either the commission of an offence;
    • Or abet 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 provides that 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 provides that 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.
  • Explanation 3 provides that 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.
  • Explanation 4 provides that the abetment of an offence being an offence, the abetment of such an abetment is also an offence.
  • Explanation 5 provides that 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.
• The definition of abettor was earlier contained in Section 108 of IPC. There have been no changes made in BNS regarding the same.

Extraterritorial Abetment

• Under IPC Section 108A of IPC provided for abetment in India of offences outside India.
• Under BNS however, there are two categories of abetment:
  • Section 47 provides for abetment in India of offences outside India.
    • It provides that the following shall amount to abetment if
      • The person in India.
      • Abets the commission of any act without and beyond India
      • Which would constitute an offence if committed in India.
  • Section 48 provides for abetment outside India for offence in India.
    • It provides that the following shall amount to abetment if
      • The person without and beyond India.
      • Abets commission of any act in India.
      • Which would constitute an offence if committed in India.

Punishment for Abetment

• Section 49, 55 and 56 of BNS is a replica of Section 109, 115 and 116 of IPC respectively.

Liability of Abettor

• Section 50 of BNS provides for abetment when the person abetted does act with different intention from that of abettor.
  • If the person abetted does the act with a different intention or knowledge from that of the abettor
  • Whoever abets the commission of an offence shall
  • Be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
  • This provision was contained in Section 110 of IPC.
• Section 51 of BNS provides for liability of abettor when one act abetted, and different act done.
  • When an act is abetted
  • And a different act done
  • The abettor liable for the act done, in the same manner and to the same extent as if he had directly abetted it:
  • Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
  • This provision was contained in Section 111 of IPC.
• Section 52 of BNS provides that abettor shall be liable to cumulative punishment for act abetted and for act done.
  • If the act for which the abettor is liable under section 51 is committed in addition
  • To the act abetted and constitute a distinct offence
  • The abettor is liable to punishment for each of the offences.
  • This provision was contained in Section 112 of IPC.
• Section 53 of BNS provides for liability of abettor for effect caused by act abetted different from that intended by abettor.
  • When an act is abetted with the intention on the part of the abettor of causing a particular effect
  • And an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor
  • The abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect
  • Provided he knew that the act abetted was likely to cause that effect.
  • This provision is contained in Section 113 of IPC.
• Section 54 provides for liability of abettor when the abettor is present when the act committed.
  • Whenever any person, who is absent would be liable to be punished as an abettor,
  • Is present when the act or offence for which he would be punishable in consequence of the abetment is committed
  • He shall be deemed to have committed such act or offence.
  • This provision was earlier contained in Section 114 of IPC.

Other Provisions for Abetment

• Section 105 of BNS provides for abetment of suicide of child or person with mental illness.
  • Section 105 provides that if any person
    • under eighteen years of age
    • with mental illness
    • any delirious person
    • in a state of intoxication,
    • commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine
• Section 106 of BNS provides for abetment of suicide.
  • Section 106 provides that whoever abets the commission of suicide shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
• Section 157 of BNS provides for abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
  • Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force subject to the Acts referred to in section 165 of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
• Section 158 of BNS provides for abetment of mutiny, if mutiny is committed in consequence thereof.
  • Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
• Section 159 of BNS provides for abetment of assault by soldier, sailor or airman on his superior office, when in execution of his office.
  • Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
• Section 160 of BNS provides for abetment of such assault, if assault committed.
  • Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
• Section 161 of BNS provides for abetment of desertion of soldier, sailor or airman.
  • Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
• Section 164 of BNS provides for abetment of act of insubordination by soldier, sailor or airman.
  • Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Conclusion

There have not been many changes made in BNS with respect to the offence of abetment. It falls within the category of inchoate offences. Under BNS abetment has been defined generally as well as for particular offences.