BNS Section 49: Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.

Amit Kapoor07 mins

Punishment of abetment if the 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.

Expanation. 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’death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

1. Abetment Defined:

Abetment refers to actions that encourage, aid, or conspire with others to commit a crime. It can occur in three forms:

  • Instigation: Actively encouraging or provoking another person to commit a crime.
  • Conspiracy: Agreeing with one or more persons to commit a crime.
  • Aid: Providing support or assistance that helps in the commission of the crime.

2. Punishment for Abetment:

  • If an offence is committed as a result of abetment and the law does not provide a specific punishment for the abetment itself, the abettor will face the same punishment as the person who actually committed the crime.
  • This means the abettor is held equally liable for the consequences of the crime, even if they did not directly carry out the criminal act.

3. Explanation of Consequence:

  • The offence is considered to have been committed in consequence of abetment when it occurs:
    • After instigation: If the crime is committed following the abettor’s encouragement.
    • As a result of conspiracy: If the offence occurs as a result of an agreement made to commit the crime.
    • With the aid of the abettor: If the abettor’s assistance directly contributes to the commission of the crime.

4. Illustrations:

  • Illustration (a): A instigates B to give false evidence in court. B follows A’s encouragement and gives false evidence. In this case, A is guilty of abetment and faces the same punishment as B for giving false evidence.
  • Illustration (b): A and B conspire to murder Z by poisoning. A provides the poison to B, and B administers it, causing Z’s death. While B is guilty of murder, A is guilty of abetting the murder through conspiracy, even though A was not present at the scene of the crime. Both A and B face the same punishment for the crime of murder.

Key Takeaways:

  • Abetment is a serious offence and is punishable in the same manner as the crime committed as a result of the abetment.
  • Accountability: Even if the abettor was not physically present during the commission of the crime, they are held responsible if their actions (instigation, conspiracy, or aid) directly contributed to the crime.
  • The law ensures that those who indirectly participate in criminal activities by abetting are also held equally accountable.

Punishment of Abetment:

  • If an offence is committed as a direct consequence of abetment and no specific punishment is mentioned for the abetment itself, the same punishment applies to the abettor as to the person who committed the actual crime.
  • This provision ensures that abettors are held equally liable for the crime, reinforcing the importance of discouraging criminal conspiracies, instigation, and assistance.

By holding abettors accountable to the same extent as the direct offenders, the law seeks to prevent crimes from being committed through indirect means and ensures that individuals who play a part in the commission of a crime are punished appropriately.

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