BNS Section 50: Punishment of abetment if person abetted does act with different intention from that of abettor
Punishment of abetment if person abetted does act with different intention from that of abettor
Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
1. Abetment and Diverging Intentions:
Section 50 addresses situations where the abettor (the person who encourages or assists in the commission of a crime) and the person committing the act (the abetted) have different intentions or knowledge when carrying out the crime.
Abettor’s Intention: The abettor may have a specific intention or knowledge when encouraging or helping the commission of a crime.
Person Abetted’s Intention: However, the person who commits the act might do so with a different or altered intention or knowledge from that of the abettor.
2. Punishment Based on Abettor’s Intention:
If the person committing the offence has a different intention or knowledge than the abettor:
The abettor will still be punished based on their own intention or knowledge, not the differing intention or knowledge of the person who commits the crime.
The punishment will be for the offence that would have been committed if the act had been done with the abettor’s original intention.
3. Important Implication:
This section ensures that the abettor cannot escape liability simply because the person who committed the crime acted with a different mindset. The abettor is judged based on their original intent or knowledge.
Key Takeaway:
The law ensures that even if the person abetted carries out the act with a different intent, the abettor remains responsible for their involvement and is punished as though the crime was committed according to their own intentions. This protects the integrity of accountability for those involved in criminal activities, ensuring that the abettor cannot avoid punishment due to a divergence in intent.
This section underlines the principle that criminal responsibility is tied to the abettor’s intention, even if the final outcome differs from what the abettor intended or anticipated.
Punishment of abetment if person abetted does act with different intention from that of abettor
Offence : Abetment of any offence, if the person abetted does act with different intention from that of abettor.
Punishment : Same as for offence abetted.
Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.
Bailable or Non-bailable : According as offence abetted is bailable or non-bailable.
By what Court triable : Court by which offence abetted is triable.
