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

Bharatiya Nyaya Sanhita, 2023

Statutory text

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.
Punishment of abetment if person abetted does act with different
intention from that of abettor.

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