Section 52 of BNS 2023: Liability for Multiple Offenses Due to Abetment
Overview
Section 52 of BNS 2023 addresses the liability of an abettor when the act committed constitutes a distinct offense in addition to the act abetted. This section ensures that abettors are held accountable for each offense committed as a consequence of their instigation, conspiracy, or aid.
Punishment
- Multiple Liabilities: The abettor is liable for punishment for each distinct offense committed as a result of their abetment.
Key Elements
- Multiple Offenses: When an act committed in consequence of abetment constitutes more than one offense, the abettor is liable for each offense.
- Knowledge and Intention: If the abettor knew or intended that the additional offense was likely to occur, they are also liable for it.
Examples
- Resistance and Grievous Hurt: A instigates B to resist a public servant’s distress action. In doing so, B causes grievous hurt to the officer. B is liable for both resisting the distress and causing grievous hurt. If A knew B was likely to cause grievous hurt, A is also liable for both offenses.
- Theft and Assault: A person instigates another to commit theft, and during the theft, the instigated person assaults the victim. The instigator is liable for both theft and assault if they knew the assault was a probable consequence.
- Vandalism and Arson: A person conspires with another to vandalize a property. During the act, the accomplice sets the property on fire. Both the conspirator and the accomplice are liable for vandalism and arson.
Legislative Intent
The legislative intent behind Section 52 of BNS 2023 is to ensure that abettors are fully accountable for all consequences of their actions, including distinct offenses that arise from the act abetted. By holding abettors liable for each offense, the law aims to deter comprehensive criminal behavior and promote justice.
Conclusion
Section 52 of BNS 2023 is crucial for ensuring that abettors are held responsible for multiple offenses resulting from their instigation or aid. By defining liability for each distinct offense, the section promotes comprehensive accountability and justice.