Section 56 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 56 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of abetment of crimes punishable with imprisonment, specifying the penalties for individuals who encourage, assist, or facilitate the commission of such offenses.
📜 Text of Section 56: Abetment of Offense Punishable with Imprisonment
56. Whoever abets an offense punishable with imprisonment shall, if that offense 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 any description provided for that offense for a term which may extend to one-fourth part of the longest term provided for that offense; or with such fine as is provided for that offense, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offense, the abettor shall be punished with imprisonment of any description provided for that offense, for a term which may extend to one-half of the longest term provided for that offense, or with such fine as is provided for the offense, or with both.
⚖️ Key Provisions
Punishment for Abetment: An individual who abets a crime punishable with imprisonment, but where the crime is not committed as a result of the abetment, may be punished with imprisonment for up to one-fourth of the maximum term prescribed for that offense, or with a fine, or both
Enhanced Punishment for Public Servants: If the person who abets the offense is a public servant whose duty it is to prevent the commission of such an offense, the punishment may extend to one-half of the maximum term prescribed for that offense, or with a fine, or both.()
🧾 Illustrations
(a) A instigates B to give false evidence. Even if B does not give false evidence, A has committed the offense of abetment and is punishable accordingly.
(b) A, a police officer whose duty it is to prevent robbery, abets the commission of robbery. Even if the robbery is not committed, A is liable to one-half of the longest term of imprisonment provided for that offense, and also to a fine.
(c) B abets the commission of a robbery by A, a police officer whose duty it is to prevent that offense. Even if the robbery is not committed, B is liable to one-half of the longest term of imprisonment provided for the offense of robbery, and also to a fine.
🔍 Legal Context
Section 56 of the BNS, 2023 aligns with Section 116 of the Indian Penal Code (IPC), 1860, which similarly addresses the punishment for abetment of offenses punishable with imprisonment. 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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