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BNS Section 56: Abetment of offence punishable with imprisonment

Section 56 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of offence punishable with imprisonment. It replaces IPC 116 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 56 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
56Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment.Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both.According as offence abetted is cognizable or non-cognizableAccording as offence abetted is bailable or non-bailable.Court by which offence abetted is triable
56If the abettor or the person abetted be a public servant whose duty it is to prevent the offence.Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both.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 56

56. Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Illustrations.

(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.

(c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

IPC sections replaced

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