BNS Section 54 – Abettor present when offence is committed

Amit Kapoor05 mins

Abettor present when offence is committed

54.Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

Key Points on BNS-54

BNS-54 outlines legal provisions related to the liability of an abettor who is present at the scene when the offence is committed. It highlights the principle of attributing direct responsibility to individuals involved in abetment when they are physically present during the offence. Below are the critical points and definitions explained:

1. Abettor’s Presence and Liability
 

  • Definition of Abettor: An abettor is someone who encourages, aids, or facilitates the commission of a crime by another person.
     
  • Absence of Abettor: Normally, an abettor can be held liable for assisting or encouraging a crime even if they are not physically present when the crime is committed. However, BNS-54 introduces a separate scenario when the abettor is physically present.
     

2. Presence of Abettor during the Commission of the Offence
 

  • Key Provision: If an individual who would otherwise be liable for abetment is present when the crime is actually committed, they are deemed to have committed the offence themselves.
     
  • Why Important: This increases the responsibility of the abettor, making them as guilty as the person who directly commits the crime.
     

3. Deemed to Have Committed the Offence
 

  • Legal Implication: Under BNS-54, an abettor who is physically present when the offence is committed is treated as if they were the principal offender.
    • Example: If someone abets a robbery by planning it and is present during the robbery, they are treated as though they actively participated in the robbery, regardless of whether they directly engaged in the crime.
       
    • Purpose: This discourages abettors from being present at the scene of the crime, knowing that their liability will be the same as the main offender.
       

4. Scope of the Offence
 

  • Relevant Offences: This provision applies to all crimes where the abettor would otherwise be liable. The presence at the crime scene effectively removes any distinction between the abettor and the primary offender.
     

Summary
 

  • BNS-54 holds abettors equally accountable as principal offenders if they are present during the commission of the crime.
     
  • The abettor is deemed to have committed the offence, meaning their liability is the same as the individual who physically commits the act.
     
  • This provision emphasizes the seriousness of both direct participation and indirect encouragement of crimes when physically present.
     

BNS-54 ensures that abettors cannot escape full accountability by simply being present while a crime they encouraged or supported takes place.

Offence : Abetment of any offence, if abettor present when offence is committed.

Punishment : Same as for offence committed.

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.

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