52. If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences. Illustration. A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.
BNS Section 52: Abettor when liable to cumulative punishment for act abetted and for act done
Section 52 of the Bharatiya Nyaya Sanhita, 2023 deals with abettor when liable to cumulative punishment for act abetted and for act done. It replaces IPC 112 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 52 is according as offence abetted is cognizable or non-cognizable and according as offence abetted is bailable or non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 52 | Abettor when liable to cumulative punishment for act abetted and for act done. | Same as for offence abetted. | According as offence abetted is cognizable or non-cognizable | According 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 52
IPC sections replaced
- IPC 112: Abettor when liable to cumulative punishment for act abetted and for act done
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