Of Abetment, Criminal Conspiracy And Attempt
BNS Section 49 - Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
Simple summary
Read the official BNS text below and consult an advocate for advice based on your facts.
Full official legal text
49. Punishment of abetment if act abetted is committed in consequence and where no express
provision is made for its punishment.--Whoever abets any offence shall, if the act abetted is
committed in consequence of the abetment, and no express provision is made by this Sanhita for the
punishment of such abetment, be punished with the punishment provided for the offence.
Explanation.-- An act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which
constitutes the abetment.
Illustration s.
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence.
A is guilty of abetting that offence, and is liable to the same punishment as B.
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers
it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to
Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that
offence by conspiracy, and is liable to the punishment for murder.