What Is BNS Section 56?

Bharatiya Nyaya Sanhita, 2023 - Section 56: Abetment of Offence Punishable with Imprisonment

Whoever abets an offence punishable with imprisonment shall, if that offence is not committed due to the abetment and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term that may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both.

If the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term that may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both.

Illustrations

(a) A instigates B to give false evidence. If B does not give false evidence, A has still committed the offence defined in this section and is punishable accordingly.

(b) A, a police officer whose duty it is to prevent robbery, abets the commission of robbery. Even if the robbery is not committed, A is liable for one-half of the longest term of imprisonment provided for that offence, and also to a fine.

(c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Even if the robbery is not committed, B is liable for one-half of the longest term of imprisonment provided for the offence of robbery, and also to a fine.

Brief Detail

BNS Section 56 discusses the abetment of an offence punishable by imprisonment. It states that anyone who abets such an offence shall be punished, even if the offence is not committed, unless an explicit provision exists for the punishment of abetment. The punishment can include imprisonment for up to one-fourth of the longest term for that offence, or a fine, or both. However, if the abettor or the person abetted is a public servant with a duty to prevent such an offence, the punishment may extend to one-half of the longest term provided for the offence, along with a fine or both.

Question & Answers

What does BNS Section 56 describe?
BNS Section 56 outlines the punishment for anyone who abets an offence that is punishable by imprisonment, even if the offence is not committed due to the abetment.

What is the punishment for someone who abets an offence but the offence is not committed?
The person may be punished with imprisonment for up to one-fourth of the longest term provided for the offence, or a fine, or both.

Does BNS Section 56 apply to public servants?
Yes, if the abettor or the person abetted is a public servant whose duty is to prevent the commission of such an offence, the punishment may extend to one-half of the longest term provided for that offence, along with a fine or both.

What happens if a public servant abets a crime but the crime is not committed?
The public servant can still be punished with imprisonment for up to one-half of the longest term for the offence and may also face a fine.

Is the punishment the same for all individuals who abet an offence?
No, the punishment differs for public servants whose duty is to prevent the offence. They face harsher punishments, up to one-half of the longest term for the offence, compared to one-fourth for others.

Example

Example 1: A encourages B to lie in court, but B does not lie. Despite the fact that B did not commit the offence, A is still guilty under BNS Section 56 for abetment and is punishable accordingly.

Example 2: A police officer, C, helps plan a robbery, but the robbery never takes place. Under BNS Section 56, C is still guilty of abetment and is liable for one-half of the longest term of imprisonment for robbery and may also face a fine.

Example 3: D, a civilian, encourages a police officer to assist in a robbery, but the robbery does not happen. D will still be punished under BNS Section 56 for abetment, liable for one-half of the longest term of imprisonment for robbery and a fine.

Summary

BNS Section 56 defines the punishment for abetting offences punishable by imprisonment, even if the offence is not committed. The punishment involves imprisonment for a term of up to one-fourth or one-half of the maximum term, depending on whether the abettor is a public servant, and may also include a fine. Public servants face harsher penalties for abetment when it is their duty to prevent the offence.