BNS Section 55: Legal Liability for Abetting Crimes Punishable by Death or Life Imprisonment
Abetment of offence punishable with death or
imprisonment for life
(1)Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(2) If any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
IllustrationsA instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.
Cognizable or Non-Cognizable according to
the offence abetted and punishable with (1)
imprisonment for 7 years and fine
(2) imprisonment for 14 years and fine , if act is done
Key Points on BNS-55
BNS-55 outlines legal provisions related to the abetment of serious offences, such as those punishable by death or life imprisonment. The section deals with situations where the offence has not been committed but abetment has occurred. Below are the critical points and definitions explained:
1. Abetment
• Definition: Abetment refers to encouraging, aiding, or instigating another person to commit an offence.
• Types: It can include providing resources, planning, or even morally supporting the offender in committing a crime.
2. Punishment for Abetment of a Serious Offence (Not Committed)
• Offences Covered: The section applies to abetment related to offences punishable by death or imprisonment for life.
• Punishment (Clause 1): If the offence is not committed due to the abetment, the abettor can be sentenced to imprisonment for up to seven years and may also be fined.
o This ensures that even unsuccessful attempts to promote or aid such serious crimes are punishable.
• No Express Provision: If no specific punishment is mentioned elsewhere for such abetment, this clause provides the standard punishment.
3. Aggravated Abetment with Injury (Clause 2)
• Hurt Caused: If the abetment leads to an act that causes hurt to another person (even if the primary offence isn’t fully committed), the punishment becomes more severe.
• Punishment (Clause 2): The abettor can be sentenced to up to fourteen years of imprisonment and fined.
o This increases accountability when the abetment results in actual harm, even if the full crime isn’t carried out.
4. “Either Description” of Imprisonment
• The term refers to either rigorous imprisonment (with hard labor) or simple imprisonment (without hard labor), giving courts flexibility based on the case’s severity.
Summary
• Abetment of serious crimes (punishable by death/life imprisonment) is punishable even if the offence isn’t completed.
• Punishment ranges from 7 years to 14 years, depending on whether harm was caused as a result of the abetment.
• Fines may also be imposed alongside imprisonment.
BNS-55 emphasizes that inciting or supporting dangerous crimes, even if incomplete, is taken seriously by the law.
