🔍 Abetment of a Thing under the Bharatiya Nyaya Sanhita, 2023
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⚖️ Statutory Provision
The concept of abetment is covered under Chapter 4 of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically from Sections 44 to 48.
🧩 Section 44 – Abetment of a Thing
"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 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."
This provision defines the concept of abetment — when a person is said to abet the commission of an offense or any illegal act.
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🔎 Key Interpretations
Instigation can be direct or indirect (e.g., through words, gestures, or writing).
Conspiracy alone is not sufficient unless some act or omission is done to further the object of the conspiracy.
Aiding includes both positive acts and deliberate omissions (e.g., not alerting police when duty-bound to do so).
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📌 Illustration from BNS or IPC Case Law (applicable to BNS as well)
R v. Mohit Sharma: A person who provided the weapon used in a robbery, knowing the purpose, was held guilty of abetment by aiding.
Sajan Kumar v. State: Inciting a mob through speeches led to conviction under abetment by instigation.
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⚖️ Punishment for Abetment (BNS Sections 47–48)
Section 47: If the act abetted is committed, abettor gets same punishment as principal offender.
Section 48: If the act is not committed, punishment depends on the nature of the abetted offense (up to 7 years + fine).
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✅ Summary
Abetment under BNS includes instigation, conspiracy, and aiding.
It applies even if the offense is not completed.
Liability is based on intention and active involvement.
Punishment depends on whether the offense is actually committed or not.
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