Section 55 of BNS 2023: Penalties for Abetment of Offenses Punishable with Death or Life Imprisonment

Overview

Section 55 of BNS 2023 outlines the penalties for individuals who abet the commission of offenses punishable with death or life imprisonment. It specifies the punishment for abetment even if the offense is not committed and additional penalties if any act causes hurt to a person.

Punishment

  • If Offense is Not Committed:
    • Imprisonment: Up to seven years
    • Fine: Additional financial penalties may be imposed
  • If Act Causes Hurt:
    • Imprisonment: Up to fourteen years
    • Fine: Additional financial penalties may be imposed

Key Elements

  • Abetment of Serious Offenses: Abetment of offenses punishable with death or life imprisonment.
  • No Commission of Offense: The offense is not actually committed in consequence of the abetment.
  • Hurt Caused: If any act causes hurt as a consequence of the abetment.

Examples

  1. Instigating Murder: A instigates B to murder Z. If the murder is not committed, A is liable to imprisonment for up to seven years and a fine. If B causes hurt to Z in the process, A is liable to imprisonment for up to fourteen years and a fine.
  2. Planning a Kidnapping: A person conspires with another to kidnap a third person. If the kidnapping does not occur but the third person is injured in an attempted abduction, the conspirator is liable for up to fourteen years of imprisonment and a fine.
  3. Aiding in Arson: An individual aids another in planning an arson attack on a building. If the arson is not carried out but someone is hurt in an attempt, the aider is liable for up to fourteen years of imprisonment and a fine.

Legislative Intent

The legislative intent behind Section 55 of BNS 2023 is to ensure that individuals who abet serious offenses are held accountable, even if the offense is not completed. By imposing significant penalties for abetment and additional penalties if hurt is caused, the law aims to deter such activities and promote justice.

Conclusion

Section 55 of BNS 2023 is crucial for holding abettors accountable for serious offenses, even if the offense is not completed. By defining penalties for abetment and additional penalties if hurt is caused, the section promotes justice and deters criminal activities.


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