BNS Section 46: Understanding the Role and Liability of an Abettor

Abettor

A person abets an offence, who abets either the commission of an offence, or 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
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
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.

Illustrations(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3
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.
(a) A, with a guilty intention, abets a child or a person with mental illness to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence of his mental illness, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence.
(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. Explanation 4
The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

IllustrationsA instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.

Explanation 5
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.

IllustrationsA concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.

Example:
Vijay instigates Rakesh to murder their boss. Rakesh refuses to do so. Here, Vijay will be guilty of abbetting Rakesh to commit murder. 

Key Points of BNS-46:

1. Definition of Abetment:
   • Abetment occurs when a person encourages, assists, or facilitates the commission of a crime. This includes:
     • Commission of an Offence: Actively supporting or helping someone commit a crime.
     • Commission of an Act that Would be an Offence: Encouraging or aiding an act that, if performed by another person with the same intent or knowledge, would constitute a crime.
2. Explanation 1: Abetment of Omission:
   • Abetment is not limited to actions. It can also cover abetment of illegal omissions. For example, encouraging someone to neglect a legal duty could be considered abetment, even if the abettor is not required by law to perform that duty.
3. Explanation 2: Completion Not Required:
   • The crime does not need to be completed or the intended effects need not occur for abetment to be punishable. Simply the act of abetting (helping, encouraging, or facilitating) is sufficient for the individual to be held accountable, even if the crime is not completed or does not achieve its intended result.

Definitions:

• Abetment: The act of aiding, encouraging, or facilitating the commission of a crime.
• Illegal Omission: The failure to perform an act that is legally required, which can also be abetted.
• Commission of an Offence: Actively participating in or assisting the completion of a crime.
• Act that Would be an Offence: Encouraging or facilitating an act that would be a crime if committed by someone else with the same intent or knowledge.

Example Scenarios:

• Abetment of Commission: If Person A encourages Person B to commit an assault, Person A is abetting the assault.
• Abetment of Omission: If Person A persuades Person B not to report a crime they witnessed (and the omission of reporting is a legal duty), Person A is abetting the illegal omission.
• Completion Not Required: If Person A helps plan a robbery but the robbery does not take place, Person A can still be charged with abetment for their role in attempting to assist the crime.

Conclusion:

BNS-46 clarifies that abetment involves not only encouraging or assisting in the commission of a crime but also facilitating actions that would be criminal if performed by someone else with the same intent. Furthermore, it highlights that the crime does not need to be completed for abetment to be actionable—simply attempting or aiding in the crime is enough to be held accountable.