Section 54 of BNS 2023: Liability of Present Abettors
Overview
Section 54 of BNS 2023 addresses the liability of abettors who are present at the scene when the act or offense they abetted is committed. It ensures that such individuals are treated as having committed the act or offense themselves.
Punishment
- Same as Principal Offender: The abettor is deemed to have committed the act or offense and is subject to the same punishment as the principal offender.
Key Elements
- Presence at the Scene: The abettor is present when the act or offense is committed.
- Liability as Abettor: The person would be liable as an abettor if absent but is present during the commission of the act or offense.
- Deemed to Have Committed the Offense: The abettor is treated as having committed the offense themselves.
Examples
- Present During Theft: A person who instigated a theft is present at the scene when the theft is committed. They are deemed to have committed the theft and are liable for the same punishment as the thief.
- Present During Assault: An individual who aided in planning an assault is present during the act. They are considered to have committed the assault and face the same penalties as the attacker.
- Present During Arson: A person who conspired to commit arson is present when the arson is carried out. They are treated as having committed arson and are liable for the same punishment.
Legislative Intent
The legislative intent behind Section 54 of BNS 2023 is to ensure that abettors who are present during the commission of an offense are held fully accountable. By deeming such individuals as having committed the offense, the law aims to deter abettors from being actively involved and ensure justice.
Conclusion
Section 54 of BNS 2023 is crucial for holding abettors accountable when they are present during the commission of an offense. By treating them as having committed the offense, the section promotes justice and deters active participation in criminal acts.