Section 56 of BNS 2023: Penalties for Abetment of Offenses Punishable with Imprisonment
Overview
Section 56 of BNS 2023 outlines the penalties for abetting offenses punishable with imprisonment, even if the offense is not committed. It specifies the punishment based on the nature of the abettor and the specific circumstances, including enhanced penalties for public servants who have a duty to prevent the offense.
Punishment
- General Abetment:
- Imprisonment: Up to one-fourth of the longest term provided for the offense
- Fine: As provided for the offense
- Both: Imprisonment and fine
- Abetment by Public Servants:
- Imprisonment: Up to one-half of the longest term provided for the offense
- Fine: As provided for the offense
- Both: Imprisonment and fine
Key Elements
- Abetment of Imprisonable Offenses: Abetting an offense that is punishable by imprisonment.
- Offense Not Committed: The offense is not actually committed as a result of the abetment.
- No Express Provision: There is no specific provision for the punishment of such abetment in the Sanhita.
- Public Servant's Duty: Enhanced penalties if the abettor or the person abetted is a public servant whose duty is to prevent the offense.
Examples
- Instigating False Evidence: A instigates B to give false evidence. Even if B does not give false evidence, A is punishable under this section.
- Police Officer Abetting Robbery: A police officer abets a robbery. Even if the robbery is not committed, the officer is liable for one-half of the longest term of imprisonment provided for robbery and a fine.
- Abetting a Public Servant: B abets A, a police officer, to commit robbery. Even if the robbery is not committed, B is liable for one-half of the longest term of imprisonment provided for robbery and a fine.
Legislative Intent
The legislative intent behind Section 56 of BNS 2023 is to hold abettors accountable for their actions, even if the crime is not completed, with stricter penalties for public servants who fail in their duty to prevent crimes. This ensures that abettors are deterred from encouraging or assisting in criminal activities.
Conclusion
Section 56 of BNS 2023 is crucial for ensuring that abettors are held responsible for their actions, even if the offense is not committed. By defining penalties for general abetment and enhanced penalties for public servants, the section promotes accountability and justice.