BNS Section 47: Legal Consequences of Abetment in India for Foreign Offences

Amit Kapoor04 mins

Abetment in India of offences outside India

A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

IllustrationsA, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder.

Example:
Vijay from India, instigates and aids Zack in Australia, to commit bank robbery. Here, Vijay is guilty of abetting robbery.

Key Points of BNS-47:

  1. Jurisdiction of Abetment:
    • This section establishes that a person in India can be held responsible for abetting an offence that takes place outside India. If the act would be considered an offence under Indian law if it were committed within India, then facilitating or encouraging that act from within India is punishable.
  2. Scope of Abetment:
    • The jurisdiction for abetment extends beyond India’s borders. Even if the criminal act occurs outside India, the person who aids, encourages, or facilitates the act from within India can be held accountable under Indian law.
  3. Nature of the Act:
    • For the abetment to be punishable, the act being abetted must be one that would be a crime under Indian law if it were committed within India. The offence must align with Indian criminal law, even if it occurs abroad.

Definitions:

  • Abetment: The act of encouraging, assisting, or facilitating the commission of a crime.
  • Offence: An illegal act punishable by law.
  • Beyond India: Any act committed outside the territorial jurisdiction of India.
  • Within India: Actions taken within India that affect or facilitate actions occurring outside.

Example Scenarios:

  • Scenario 1: If an individual in India conspires with someone abroad to commit a fraud, and that fraud would be criminal under Indian law if it were committed in India, the person in India can be charged with abetment.
  • Scenario 2: If an Indian resident assists in planning a theft that occurs in another country, and theft would be punishable under Indian law, the assistance provided from India is considered abetment.

Conclusion:

BNS-47 ensures that Indian law extends its reach to criminal activities facilitated from within India, even if the actual offence occurs outside the country. The jurisdiction for abetment is international, provided the act would constitute an offence under Indian law if committed within India. This ensures that individuals who assist in or encourage crimes abroad can be held accountable under Indian law.

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