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BNS Section 49: Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment

Section 49 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment. It replaces IPC 109 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 49 is according as offence abetted is cognizable or non-cognizable and according as offence abetted is bailable or non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
49Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment.Same as for offence abetted.According as offence abetted is cognizable or non-cognizableAccording as offence abetted is bailable or non-bailable.Court by which offence abetted is triable

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 49

49. 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.

Illustrations.

(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.

IPC sections replaced

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