BNS Section 45: Abetment of a thing
Bharatiya Nyaya Sanhita, 2023 · Chapter 4: Of Abetment, Criminal Conspiracy and Attempt
Also available in: हिंदी
45. 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 person or 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.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration.
A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 46. Abettor
- 47. Abetment in India of offences outside India
- 48. Abetment outside India for offence in India
- 49. Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
- 50. Punishment of abetment if person abetted does act with different intention from that of abettor
- 51. Liability of abettor when one act abetted and different act done
- 52. Abettor when liable to cumulative punishment for act abetted and for act done
- 53. Liability of abettor for an effect caused by act abetted different from that intended by abettor
- 54. Abettor present when offence is committed
- 55. Abetment of offence punishable with death or imprisonment for life
- 56. Abetment of offence punishable with imprisonment
- 57. Abetting commission of offence by public or by more than ten persons
- 58. Concealing design to commit offence punishable with death or imprisonment for life
- 59. Public servant concealing design to commit offence which it is his duty to prevent
- 60. Concealing design to commit offence punishable with imprisonment
- 61. Criminal conspiracy
- 62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment