BNS Section 52: Abettor when liable to cumulative punishment for act abetted and for act done.
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 constitute a distinct offence, the abettor is liable to punishment for each of the offences.
IllustrationsA 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 voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.
Example 1 :
Vijay instigates Rakesh to resist by force, distress made by a police officer. In making such resistence, Rakesh voluntarily causes grievous hurt to the police officer. Rakesh and Vijay, both will be punished for resisting the police officer and also for causing him hurt. Vijay will be punished in the capacity of the abbettor as he was aware that resistance would also lead to causing hurt to the police officer.
1. Multiple Offences from Abetment:
Section 52 addresses cases where an abettor instigates or aids a person to commit an offence, and during the commission of that offence, the person abetted commits an additional act that constitutes a separate offence.
The abettor is liable for both the original act they abetted and any additional offences committed if they were aware that such an additional offence was likely to occur.
Both the abettor and the person who committed the act can be punished for each distinct offence committed during the incident.
2. Liability for Multiple Offences:
If the abetted act leads to the commission of a separate offence that is distinct and independent from the original act, the abettor is held responsible for each offence. This section ensures that both the abettor and the person abetted can face multiple charges if multiple crimes are committed during the incident.
3. Knowledge of Additional Offence:
The abettor’s liability extends to additional offences only if the abettor knew or had reason to believe that such an additional offence was likely to happen during the execution of the original act.
4. Illustration:
This example helps explain how Section 52 works:
Illustration:
A instigates B to resist a distress (seizure of property) being carried out by a public servant. B resists, and during the resistance, B voluntarily causes grievous hurt to the officer.
B has committed two distinct offences: (1) resisting the distress, and (2) causing grievous hurt.
If A knew that B might likely cause grievous hurt while resisting, A is liable for both offences: resisting the distress and causing grievous hurt.
A and B will each face punishment for both offences.
5. Important Definitions:
Abettor: The person who encourages, instigates, or aids another person to commit a crime.
Distinct Offence: A separate criminal act that occurs during the commission of another offence.
Resisting Distress: Hindering or obstructing a public servant who is executing a legal process, like the seizure of property.
Grievous Hurt: Serious bodily harm or injury as defined under the law.
6. Key Takeaway:
Section 52 ensures that abettors are not only held accountable for the specific offence they instigated or assisted but also for any additional offences that occur during the act, if they knew or could reasonably foresee that such additional offences were likely to happen. Both the person committing the acts and the abettor can face punishment for multiple offences if applicable.
This provision ensures that abettors cannot escape liability by claiming they only intended one crime, as long as they knew or expected other offences might occur as part of the same event.
Offence : Abettor when liable to cumulative punishment for act abetted and for act done.
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.
