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BNS, 2023
Start Practicing
BNSChapter IVSection 48
Section48

Abetment outside India for offence in India

AI Assist

Summary

A person who, while outside India, instigates or encourages someone to do an act in India that would be an offence if done in India is guilty of abetment. It applies when the instigation happens beyond Indian territory but the offending act is to occur in India. The consequence is criminal liability under this Sanhita.

Example

Ravi, while in country X, messages Arjun to kill a shopkeeper in India. Even though Ravi is abroad, he would be guilty of abetting the murder under this provision.

Bare Act

Enacted text

A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.

Illustration

A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.

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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 47Abetment in India of offences outside IndiaNext · Section 49Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment