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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter IVSection 54
Section54

Abettor present when offence is committed

AI Assist

Summary

If a person who, had they stayed away, would only be punishable as an abettor is actually present when the offence is carried out, they are treated as if they committed the offence. The rule applies whenever a would‑be abettor is physically at the scene during the act. Consequence: liability as a principal offender instead of merely as an abettor.

Example

Ravi tells friends how to break into a shop and would have been an abettor if he stayed away. He goes along and is present when the break-in happens. Under this rule Ravi is treated as having committed the break-in and can be prosecuted as a principal offender.

Bare Act

Enacted text

Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

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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 53Liability of abettor for an effect caused by the act abetted different from that intended by the abettorNext · Section 55Abetment of offence punishable with death or imprisonment for life