Section 47 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 47 of the Bharatiya Nyaya Sanhita (BNS), 2023
1. Purpose of Section 47
Section 47 of the BNS, 2023 deals with “criminal liability for abetment of an offence”. Its purpose is to ensure that a person who encourages, assists, or aids in the commission of a crime can be held legally responsible, even if they do not commit the actual offence themselves.
It strengthens the doctrine of collective responsibility in criminal law.
It prevents individuals from evading liability by remaining “indirect participants”.
2. Legal Meaning
Under Section 47:
Abetment of an offence occurs when a person:
Instigates another to commit the offence, or
Engages in a conspiracy with another to commit the offence, or
Intentionally aids or facilitates the commission of the offence
A person who abets a crime is liable as if they had committed the crime themselves, subject to certain conditions.
3. Key Elements of the Offence under Section 47
To establish criminal liability under Section 47, the following elements must be present:
Existence of a Principal Offence
There must be an offence committed by the principal (the person who actually does the act).
Exception: In some cases, abetment liability exists even if the principal does not commit the offence, but the abettor’s intention and acts must be clear.
Instigation, Conspiracy, or Aiding
Instigation: Encouraging or persuading the principal to commit the offence.
Conspiracy: Agreement with others to commit an offence, even if someone does not personally act.
Aiding: Providing physical assistance, information, tools, or any support that facilitates the crime.
Intent
The abettor must intend to promote or facilitate the offence.
Mere knowledge of the act without intent is insufficient.
4. Punishment under Section 47
The punishment for abetment is generally the same as that for the principal offence.
If the principal offence carries imprisonment, fine, or both, the abettor can receive the same quantum of punishment.
Courts also consider degree of participation, intent, and consequences when sentencing.
5. Practical Examples
Example 1: Instigation
Person A convinces Person B to commit theft.
Person B steals the property.
Person A is liable under Section 47 for instigating the offence, even though they did not physically commit the theft.
Example 2: Aiding
Person X provides tools or information that help Person Y commit a burglary.
Person Y carries out the burglary.
Person X is liable under Section 47 as an aider.
Example 3: Conspiracy
A group agrees to commit fraud.
One member actually executes the fraudulent transaction, while others plan and prepare.
All members can be held liable under Section 47 for conspiring to commit the offence.
6. Important Points
Abetment is a standalone liability – one does not need to be present at the scene of the crime.
Intention matters – accidental assistance or knowledge without intent does not count.
Same punishment as principal – reinforces that indirect participation is equally serious.
Scope – applies to all offences under the BNS, 2023 unless specifically excluded.
7. Summary
| Aspect | Section 47 BNS, 2023 |
|---|---|
| Purpose | To hold abettors criminally liable |
| Who is liable | Anyone who instigates, conspires, or aids in committing an offence |
| Intent required | Must intend to promote or facilitate the offence |
| Punishment | Same as that of the principal offence |
| Practical Impact | Prevents evasion of liability by indirect participants |
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