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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter IVSection 45
Section45

Abetment of a thing

AI Assist

Summary

A person abets when they instigate someone to do an act, join a conspiracy that leads to the act, or intentionally help the act by doing or omitting something. Wilful misrepresentation or hiding a material fact can count as instigation. Doing something that facilitates the act before or at the time of commission counts as aiding. The abettor is criminally liable for the act.

Example

Priya tells Rohan to break a neighbour's lock and points out which latch to force, then holds a torch while he works. When the lock is broken, Priya has both instigated and aided the act and can be prosecuted for abetment.

Bare Act

Enacted text

A person abets the doing of a thing, who:

  • (a) instigates any person to do that thing; or

  • (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

  • (c) intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1

A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Illustration

A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

Explanation 2

Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

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IV

Chapter IV

Of Abetment, Criminal Conspiracy And Attempt

In this chapter

  • 45Abetment of a thing
  • 46Abettor
  • 47Abetment in India of offences outside India
  • 48Abetment outside India for offence in India
  • 49Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
  • 50Punishment of abetment if person abetted does act with different intention from that of abettor
  • 51Liability of abettor when one act abetted and different act done
  • 52Abettor when liable to cumulative punishment for act abetted and for act done
  • 53Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
  • 54Abettor present when offence is committed
  • 55Abetment of offence punishable with death or imprisonment for life
  • 56Abetment of offence punishable with imprisonment
  • 57Abetting commission of offence by the public or by more than ten persons
  • 58Concealing design to commit offence punishable with death or imprisonment for life
  • 59Public servant concealing design to commit offence which it is his duty to prevent
  • 60Concealing design to commit offence punishable with imprisonment
  • 61Criminal conspiracy
  • 62Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
Previous · Section 44Right of private defence against deadly assault when there is risk of harm to innocent personNext · Section 46Abettor