What Is BNS Section 49?

Bharatiya Nyaya Sanhita, 2023 - Section 49: Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.

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.

Brief Detail

BNS Section 49 deals with the punishment for abetment if the abetted act is committed, and there is no specific provision for punishing the abetment itself. The person who abets an offence is punished with the same punishment as provided for the offence if the act abetted is completed as a result of that abetment. This includes cases where the act occurs due to instigation, conspiracy, or aiding. Illustrations given demonstrate that a person who instigates or conspires to commit an offence is liable for the same punishment as the principal offender.

Question & Answers

Q1: What does BNS Section 49 stipulate regarding the punishment for abetment?

A1: BNS Section 49 stipulates that if a person abets an offence and the act abetted is committed as a result of that abetment, and there is no specific provision for punishing the abetment, the abettor is punished with the same punishment as provided for the offence committed.

Q2: What is meant by committed in consequence of abetment according to the explanation?

A2: Committed in consequence of abetment means the act or offence happens as a result of the instigation, conspiracy, or aid provided by the abettor.

Q3: What are the implications for someone who conspires to commit a crime under this section?

A3: If someone conspires to commit a crime and the crime is committed as a result of that conspiracy, the conspirator is liable to the same punishment as the person who actually commits the crime.

Example

Example 1:

Scenario: A instigates B to give false evidence in court. B follows A's instigation and provides the false evidence.

Outcome: A is considered guilty of abetting the offence of giving false evidence and is subject to the same punishment as B.

Example 2:

Scenario: A and B plan to poison Z. A obtains and gives poison to B to administer to Z. B administers the poison, resulting in Z’s death.

Outcome: B is guilty of murder, and A, who conspired to commit the murder, is also guilty of abetting the murder and faces the same punishment.

Summary

BNS Section 49 addresses the punishment for individuals who abet a crime, specifying that if the abetted crime occurs and there is no specific provision for punishing the abetment itself, the abettor will receive the same punishment as the person who actually committed the crime. The section covers instances of instigation, conspiracy, and aid, and ensures that those who contribute to the commission of a crime are held accountable in the same manner as the principal offender.