What Is BNS Section 52?

Bharatiya Nyaya Sanhita, 2023 - Section 52: Abettor when 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 constitutes a distinct offence, the abettor is liable to punishment for each of the offences.

Illustration

• A instigates B to resist by force a distress made by a public servant.
• B, in consequence, resists that distress.
• In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress.

As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely to voluntarily cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.

Brefe Detail

BNS Section 52 stipulates that an abettor is liable for cumulative punishment if the act abetted results in a distinct offence in addition to the act committed. This means that if the abetted act leads to another separate offence, the abettor can be punished for both the original and the additional offence. For example, if an abettor instigates someone to resist a public servant and that resistance results in causing grievous hurt, both the act of resistance and the grievous hurt are punishable, and the abettor can be held accountable for both.

Question & Answers

Q1: What does BNS Section 52 cover?
A1: BNS Section 52 covers the liability of an abettor for cumulative punishment when the act abetted leads to an additional distinct offence. The abettor is punishable for each offence committed.

Q2: Can an abettor be punished for both the act abetted and the offence resulting from it?
A2: Yes, an abettor can be punished for both the act abetted and the additional offence that results from it if they are distinct offences.

Q3: What happens if the abettor knew about the possibility of an additional offence occurring?
A3: If the abettor knew that the additional offence was likely to occur, they are still liable to punishment for each of the offences, including the additional offence.

Q4: Provide an example of cumulative punishment under this section.
A4: In the illustration, A instigates B to resist a distress by a public servant. If B’s resistance results in grievous hurt to the officer, B is punishable for both the resistance and the grievous hurt. A is also liable if they knew that B’s resistance might lead to grievous hurt.

Example

Scenario:

• A tells B to resist a distress by a public servant.
• B resists and in the process, causes grievous hurt to the public servant.

Application:

• B is punished for resisting the distress and for causing grievous hurt.
• A, who instigated B, is also punished if it was known that grievous hurt might occur as a result of the resistance.