BNS Section 56: Understanding Punishment for Abetment of Imprisonable Offences

Section in INDIAN PENAL CODE (IPC) 115

Abetment of offence punishable with imprisonment

(1)Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both.

(2) If the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Illustrations(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.
(b) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.
(c) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

Key Points on BNS-56

BNS-56 addresses the punishment for abetment of offences that are punishable with imprisonment. The section distinguishes between abettors in general and abettors who are public servants, assigning differing levels of punishment. Below are the critical points and definitions explained:

1. Abetment of an Offence Punishable with Imprisonment (Clause 1)

• Abetment: Encouraging, aiding, or inciting someone to commit an offence.
   
• Offence Not Committed: If the offence is not committed despite the abetment, the abettor can still be punished.
   
• Punishment:
  • Imprisonment: The abettor can be punished with up to one-fourth of the maximum prison term provided for that offence.
    • For example, if the offence carries a maximum penalty of 4 years, the abettor may face up to 1 year in prison.
  • Fine: Alternatively, the abettor may be fined with the same amount specified for the offence, or both imprisonment and fine may be applied.
     

2. Involvement of a Public Servant (Clause 2)
 

• Public Servant: A person holding a position of authority or duty within the government, responsible for enforcing the law.
   
• Duty to Prevent: If either the abettor or the person being abetted is a public servant whose duty it is to prevent the offence, the penalties become more severe.
   
• Enhanced Punishment:
  
  • Imprisonment: The abettor (in this case, the public servant) may be punished with imprisonment of up to one-half of the maximum term for that offence.
    • For example, if the offence carries a maximum penalty of 4 years, the public servant abettor may face up to 2 years in prison.
  • Fine: The abettor may also be subject to a fine, or both imprisonment and fine.

3. Types of Imprisonment

• The punishment may be of either description, which means it could be rigorous imprisonment (with hard labor) or simple imprisonment (without hard labor), depending on the discretion of the court.
   

Key Takeaways
 

1. General Abettor Punishment (Clause 1): If the offence is not committed, the abettor may face up to one-fourth of the longest term of imprisonment for the offence, or a fine, or both.
2. Public Servant Involvement (Clause 2): If a public servant abets an offence, they may face up to half of the longest term of imprisonment for the offence, or a fine, or both.
3. Enhanced Accountability for Public Servants: This section assigns greater responsibility to public servants, particularly those whose duty is to prevent the crime they are abetting.

Summary

BNS-56 ensures that individuals who abet crimes, even when the crime is not committed, can still be held accountable. The law imposes harsher penalties on public servants who have a duty to prevent the offence, thereby reinforcing the importance of integrity and responsibility in public office.

Abetment of offence punishable with imprisonment

Offence : Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment.

Punishment : Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both.

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.

Offence : If the abettor or the person abetted be a public servant whose duty it is to prevent the offence.

Punishment : Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both.

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.