Section 46 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 46 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the offense of abetment and outlines the legal responsibilities of individuals who encourage, assist, or facilitate the commission of a crime
📜 Text of Section 46: Abettor
A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1: The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.
Explanation 2: To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
Explanation 3: It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Explanation 4: The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
Explanation 5: It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
🧾 Key Provisions
Definition of Abetment: A person commits abetment by encouraging, aiding, or facilitating the commission of an offense, or by instigating someone to commit an act that would be an offense if committed by a person legally capable of committing it with the same intention or knowledge.
Abetment of Omission: Encouraging or assisting someone to unlawfully omit an act can also constitute abetment, even if the abettor is not legally obligated to perform that act themselves.
Completion Not Required: It is not necessary for the act abetted to be completed or for the intended effect to occur. The mere act of abetment can be punishable regardless of whether the crime was ultimately carried out or achieved its intended result.
Legal Capacity of Person Abetted: An abettor can still be held responsible even if the person they abet is legally incapable of committing the offense
Abetment of Abetment: Encouraging or assisting someone to abet a crime is also considered an offense.(
Conspiracy Not Required: Direct involvement in a conspiracy is not necessary; participation in a conspiracy that leads to a crime is sufficient to constitute abetment.
⚖️ Legal Context
Section 46 of the BNS, 2023 aligns with Section 108 of the Indian Penal Code (IPC), 1860, which similarly defines abetment and outlines the responsibilities of abettors. The BNS, 2023 aims to modernize and address key areas within India’s criminal law, providing a more comprehensive legal framework for justice.(
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