Section 55 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 55 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal consequences for individuals who abet the commission of an offence punishable with death or imprisonment for life, but where the offence is not actually committed. This provision ensures that abettors are held accountable even if the intended crime does not occur.
📜 Text of Section 55
Section 55: Abetment of offence punishable with death or imprisonment for life
Punishment for Abetment Without Commission of Offence
"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."
Punishment if Hurt is Caused in Consequence of Abetment
"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."
Illustration:
A 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.
⚖️ Legal Implications
Accountability for Abetment: Even if the principal offence (such as murder) is not committed, the abettor is still punishable for their role in instigating or aiding the crime.
Enhanced Punishment for Resulting Hurt: If, due to the abetment, any act is done that causes hurt to any person, the abettor faces a more severe punishment, reflecting the increased harm caused.
Absence of Specific Provision: This section applies when there is no specific provision under the BNS for punishing the abetment of the particular offence.
🧭 Comparison with Indian Penal Code (IPC)
IPC Section 115: The equivalent provision in the IPC is Section 115, which deals with the punishment for abetment of an offence punishable with death or imprisonment for life, where the offence is not committed.
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