CONTENTS
BHARATIYA NYAYA SANHITA, 2023
Arrangement of sections 1.i
Table showing sections of Indian Penal Code, 1860 and corresponding sections of Bharatiya Nyaya Sanhita, 2023 1.3
to Bharatiya Nyaya Sanhita, 2023 1.41
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Arrangement of sections 2.i
Table showing sections of Code of Criminal Procedure, 1973 and corresponding sections of Bharatiya Nagarik Suraksha Sanhita, 2023 2.3
to Bharatiya Nagarik Suraksha Sanhita, 2023
BHARATIYA SAKSHYA ADHINIYAM, 2023
Arrangement of sections 3.i
Table showing sections of Indian Evidence Act, 1872 and corresponding sections of Bharatiya Sakshya Adhiniyam, 2023 3.3
to Bharatiya Sakshya Adhiniyam, 2023 3.15
SECTION 35
RIGHT OF PRIVATE DEFENCE OF BODY AND OF PROPERTY
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
35.1 Corresponding provisions
Section 35 of BNS corresponds to section 97 of IPC.
SECTION ANALYSIS
35.2 Right of private defence of body/property
Section 35 provides that every person has a right to defend— (a)his own body, and the body of any other person, against any offence affecting the human body;
(b)the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery,mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
The right to defend, as above, is subject to the restrictions contained in section 37 (See Para 37.2) which provides for acts against which there is no right of private defence.
Acts done in lawful exercise of right of private defence are exempted from criminal liability.
ANALOGOUS LAWS
35.3 Burden of proving that the case of the accused comes within general exception in section 35 of BNS - The burden of proving that the case of the accused comes within the general exception in section 35 of BNS, is upon the accused [Section 108 of Bharatiya Sakshya Adhiniyam, 2023] (See Para 14.3)
SECTION 36
RIGHT OF PRIVATE DEFENCE AGAINST ACT OF A PERSON OF UNSOUND MIND, ETC.
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
36.1 Corresponding provisions
Section 36 of BNS corresponds to section 98 of IPC
SECTION ANALYSIS
36.2 Right of private defence against act of a person of unsound mind
Section 36 provides that—
Right of private defence is available against an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person
Every person has the same right of private defence against that act which he would have if the act were that offence
1.103 ACTS AGAINST WHICH THERE IS NO RIGHT OF PRIVATE DEFENCE S.37
36.2-1 Illustrations.
(a)Z, under the influence of mental illness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.
ANALOGOUS LAWS
36.3 Burden of proving that the case of the accused comes within general exception in section 36 of BNS - The burden of proving that the case of the accused comes within the general exception in section 36 of BNS, is upon the accused [Section 108 of Bharatiya Sakshya Adhiniyam, 2023] (See Para 14.3)
SECTION 37
ACTS AGAINST WHICH THERE IS NO RIGHT OF PRIVATE DEFENCE
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
37.1 Corresponding provisions
Section 37 of BNS corresponds to section 99 of IPC
SECTION ANALYSIS
37.2 Acts of public servant against which there is no right of private defence - There is no right of private defence,––
(a)against an act of a public servant which does not reasonably cause the apprehension of death or of grievous hurt, and
if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law.
A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.
(b)against an act done or attempted to be done by the direction of a public servant which does not reasonably cause the apprehension of death or of grievous hurt,
if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.
A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.
(c)in cases in which there is time to have recourse to the protection of the public authorities.
S. 39 GUIDE TO BHARATIYA NYAYA SANHITA, 2023 1.104
37.2-1 Limit on harm that can be inflicted in exercise of right of private defence - The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
SECTION 38
WHEN RIGHT OF PRIVATE DEFENCE OF BODY EXTENDS TO CAUSING DEATH
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
38.1 Corresponding provisions
Section 38 of BNS corresponds to section 100 of IPC
SECTION ANALYSIS
38.2 When right of private defence of body extends to causing death
Section 38 provides that—
The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:—
(a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of gratifying unnatural lust;
(e) an assault with the intention of kidnapping or abducting;
(f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release;
(g) an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act;
The right as above is subject to the restrictions specified in section 37
ANALOGOUS LAWS
38.3 Burden of proving that the case of the accused comes within general exception in section 38 of BNS - The burden of proving that the case of the accused comes within the general exception in section 38 of BNS, is upon the accused [Section 108 of Bharatiya Sakshya Adhiniyam, 2023] (See Para 14.3)
SECTION 39
WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
39.1 Corresponding provisions
Section 39 of BNS corresponds to section 101 of IPC
1.105 WHEN RIGHT OF PRIVATE DEFENCE EXTENDS TO CAUSING DEATH S. 41
SECTION ANALYSIS
39.2 When right of self defence extends to causing any harm other than death
Section 39 provides that—
If the offence be not of any of the descriptions specified in section 38 (See para 38.2), the right of private defence of the body is as under:—
Such right does not extend to the voluntary causing of death to the assailant, Such right does extend to the voluntary causing to the assailant of any harm other than death.
Such right is subject to restrictions under section 37.
ANALOGOUS LAWS
39.3 Burden of proving that the case of the accused comes within general exception in section 39 of BNS - The burden of proving that the case of the accused comes within the general exception in section 39 of BNS, is upon the accused [Section 108 of Bharatiya Sakshya Adhiniyam, 2023] (See Para 14.3)
SECTION 40
COMMENCEMENT AND CONTINUANCE OF RIGHT OF PRIVATE DEFENCE OF BODY
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
40.1 Corresponding provisions
Section 40 of BNS corresponds to section 102 of IPC
SECTION ANALYSIS
40.2 Commencement and continuance of right of private defence of body
Section 40 provides that —
The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and It continues as long as such apprehension of danger to the body continues.
SECTION 41
WHEN RIGHT OF PRIVATE DEFENCE OF PROPERTY EXTENDS TO CAUSING DEATH
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
41.1 Corresponding provisions
Section 41 of BNS corresponds to section 103 of IPC
41.1-1 House breaking
Old law provided for ‘House breaking by night’. Section 41 of BNS provides for ‘house breaking after sunset and before sunrise’
Section 103 of IPC provided for ‘mischief by fire’. Section 41 of BNS provides for ‘mischief by fire or any explosive substance’
SECTION ANALYSIS
41.2 When right of private defence of property extends to causing death
Section 41 provides that—
The right of private defence of property extends to the voluntary causing of death or of any other harm to the wrong-doer, if the committing or attempting to commit of the offence by the wrongdoer involves an offence of any of the following descriptions, namely:—
(a) robbery;
(b) house-breaking after sun set and before sun rise;
(c) mischief by fire or any explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
(d) theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
Such right is subject to the restrictions specified in section 37.
ANALOGOUS LAWS
41.3 Burden of proving that the case of the accused comes within general exception in section 41 of BNS - The burden of proving that the case of the accused comes within the general exception in section 41 of BNS, is upon the accused [Section 108 of Bharatiya Sakshya Adhiniyam, 2023] (See Para 14.3).
SECTION 42
WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
42.1 Corresponding provisions
Section 42 of BNS corresponds to section 104 of IPC
SECTION ANALYSIS
42.2 When right of private defence of extends to causing harm other than death
Section 42 provides that—
If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence of property, be theft, mischief, or criminal trespass, (offence not be of descriptions specified in section 41), the right of private defence of property is as under:
Such right does not extend to the voluntary causing of death, Such right does extend to the voluntary causing to the wrong-doer of any harm other than death.
Such right is subject to the restrictions specified in section 37,
1.107 COMMENCEMENT AND CONTINUANCE OF RIGHT OF PRIVATE DEFENCE S. 43
ANALOGOUS LAWS
42.3 Burden of proving that the case of the accused comes within general exception in section 42 of BNS - The burden of proving that the case of the accused comes within the general exception in section 42 of BNS, is upon the accused [Section 108 of Bharatiya Sakshya Adhiniyam, 2023] (See Para 14.3).
SECTION 43
COMMENCEMENT AND CONTINUANCE OF RIGHT OF PRIVATE DEFENCE OF PROPERTY
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
43.1 Corresponding provisions
Section 43 of BNS corresponds to section 105 of IPC
43.1-1 House breaking ‘after sunset and before sunrise’
Section 105 of IPC provided for ‘house breaking by night’. Section 43 of BNS provides for ‘house breaking after sunset and before sunrise’
SECTION ANALYSIS
43.2 Commencement/continuance of right of private defence of property
Section 43 provides as under:—
43.2-1 Point of time at which right to private defence of property commences
The right of private defence of property commences when a reasonable apprehension of danger to the property commences;
43.2-2 Point of time upto which right to private defence of property continues—
The continuance of the right to private defence of property in respect of various attempted offences with regard to property are as per the table given below:—
Threat to property (offence attempted against the property by wrongdoer)
Time upto which right to private defence of property continues
TheftTill the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered
RobberyAs long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues
Criminal trespass or mischiefAs long as the offender continues in the commission of criminal trespass or mischief
House-breaking after sunset and before sun rise
As long as the house-trespass which has been begun by such house-breaking continues
ANALOGOUS LAWS
43.3 Burden of proving that the case of the accused comes within general exception in section 43 of BNS - The burden of proving that the case of the accused comes within the general exception in section 43 of BNS, is upon the accused [Section 108 of Bharatiya Sakshya Adhiniyam, 2023] (See Para 14.3).
SECTION 44
RIGHT OF PRIVATE DEFENCE AGAINST DEADLY ASSAULT WHEN THERE IS RISK OF HARM TO INNOCENT PERSON
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
44.1 Corresponding provisions
Section 44 of BNS corresponds to section 106 of IPC
SECTION ANALYSIS
44.2 Right of private defence against deadly assault when there is risk of harm to innocent person - Against an assault which reasonably causes the apprehension of death— the exercise of the right of private defence, extends to the running of the risk of harm to an innocent person, if the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person.
44.2-1 Illustration.
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
ANALOGOUS LAWS
44.3 Burden of proving that the case of the accused comes within general exception in section 44 of BNS - The burden of proving that the case of the accused comes within the general exception in section 44 of BNS, is upon the accused [Section 108 of Bharatiya Sakshya Adhiniyam, 2023] [See Para 14.3].
SECTION 45
ABETMENT OF A THING
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
45.1 Corresponding provisions
Section 45 of BNS corresponds to section 107 of IPC New section 48 of BNS extends the scope of offence of abetment to abetment outside India for offence in India.
SECTION ANALYSIS
45.2 Definition of offence of ‘abetment’ Whether offence of abetment is committed or not is to be determined by reading section 45 of BNS in the light of sections 46 to 48 of BNS
45.2-1 Definition of abettor
Section 46 of BNS defines “abettor”
45.2-2 Abetment covers instigation, conspiracy and intentionally aiding
A person abets the doing of a thing, if he—
(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, (See Para 45.2-4) by any act or illegal omission, the doing of that thing.
45.2-3 Scope of the term “instigates” covers causing or procuring or attempting to cause or procure a thing to be done by wilful misrepresentation
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.
45.2-3a Illustration of abetment by instigation by wilful misrepresentation
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.
45.2-4 Scope of the term “aids the doing of an act”
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.
45.2-5 Punishment
Punishments for abetment of offences is prescribed in sections 49 to 58 of BNS
SECTION 46
ABETTOR
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
46.1 Corresponding provisions
Section 46 of BNS corresponds to section 108 of IPC
SECTION ANALYSIS
46.2 Abettor - Section 46 provides that
A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
46.2-1 Abetment of illegal omission is offence even if abettor himself is not bound to do the illegally omitted act
The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.
46.2-2 Abetment is offence even if act abetted is not committed or effect requisite to constitute the offence is not caused
To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
46.2-3 Illustrations
A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
46.2-4 Abetment is offence even if person abetted is not capable by law of committing an offence
It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
46.2-4a Illustrations.
A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.
A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.
A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness of mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence.
46.2-5 Abetment is offence even if person abetted does not have same guilty intention or knowledge as abettor or has no guilty intention or knowledge It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
46.2-5a Illustration.
A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property.
1.111 ABETMENT IN INDIA OF OFFENCES OUTSIDE INDIA S. 47
B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.
46.2-6 Abetment of an abetment is also an offence
The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
46.2-6a Illustration.
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.
46.2-7 Abetment by conspiracy
It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it.
It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
46.2-7a Illustration.
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.
SECTION 47
ABETMENT IN INDIA OF OFFENCES OUTSIDE INDIA
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
47.1 Corresponding provisions
Section 47 of BNS corresponds to section 108A of IPC
SECTION ANALYSIS
47.2 Abetment in India of offences outside India - Section 47 provides that a person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.
47.2-1 Illustration - A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder.
ANALOGOUS LAWS
47.3 Prosecution for offences against State and for criminal conspiracy to commit such offence [Section 217 of BNSS]
Section 217(1) of BNSS provides that no Court shall take cognizance of— any offence punishable under Chapter VII or under section 196, section 299 or subsection (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or a criminal conspiracy to commit such offence; or any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except with the previous sanction of the Central Government or of the State Government.
SECTION 48
ABETMENT OUTSIDE INDIA FOR OFFENCE IN INDIA
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
48.1 Corresponding provisions
Section 48 of BNS is a new provision [NEW]
48.1-1 Abetment outside India for offence in India
Section 48 of BNS provides that a person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.
Abetment by a person outside India has been made an offence under section 48 to allow prosecution of person located in foreign country.
RELEVANT EXTRACTS FROM THE 246TH REPORT OF THE PARLIAMENTARY STANDING COMMITTEE ON HOME AFFAIRS
48.2 Observations/Recommendations
Para 3.8.3 of Report reads as under:
“3.8.3 The Committee appreciates that the Government has introduced a new clause 48 in the proposed Bharatiya Nyaya Sanhita to allow prosecution of a person located in foreign country who abets the commission of any act in India which would constitute an offence if committed in India. The Supreme Court of India in the year 2008 had opined that the Parliament may come out with an appropriate legislation in this regard. The Committee feels that addition of this provision has given effect to the opinion of the Supreme Court. Prior to this proposed provision, there was no law to prosecute a person located outside India and who abets the commission of an offence in India. However, the Committee contemplates that execution of sentence outside territorial jurisdiction of the country would still be strictly governed by the international treaties. It is pertinent that clause 356 of BNSS - ‘Inquiry trial or judgment in absentia of proclaimed offender’ and clause 112 of BNSS – ‘letter of request to competent authority for investigation in a country or place outside India’ are put to use with seriousness in order to bring the offenders to justice under section 48 of BNS.”
SECTION ANALYSIS
48.3 Abetment outside India for offence in India - Section 48 provides that a person abets an offence within the meaning of this Sanhita who, without and beyond India,
1.113 PUNISHMENT OF ABETMENT IF ACT ABETTED IS COMMITTED S. 49
abets the commission of any act in India which would constitute an offence if committed in India.
SECTION 49
PUNISHMENT OF ABETMENT IF ACT ABETTED IS COMMITTED IN CONSEQUENCE AND WHERE NO EXPRESS PROVISION IS MADE FOR ITS PUNISHMENT
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
49.1 Corresponding provisions
Section 49 of BNS corresponds to section 109 of IPC
SECTION ANALYSIS
49.2 Punishment of abetment
Section 49 provides punishment for abetment if:
The act abetted is committed in consequence of the abetment and No express provision is made for punishment of such abetment
49.2-1 Punishment provided in section 49
If above two conditions are satisfied in a case, the abettor of offence shall be punished with the punishment provided for the offence.
49.2-2 When it can be said that act or offence is said to be committed in consequence of abetment
An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
49.2-3 Illustrations.
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
49.3 Limitation for taking cognizance of offence under section 49
The period of limitation shall be—
(a) six months, if the offence abetted is punishable with fine only;
(b) one year, if the offence abetted is punishable with imprisonment for a term not exceeding one year;
S. 50 GUIDE TO BHARATIYA NYAYA SANHITA, 2023 1.114
(c) three years, if the offence abetted is punishable with imprisonment for a term exceeding one year but not exceeding three years.
No limitation period if offence is punishable for imprisonment exceeding 3 years. [Section 514 of BNSS]
ANALOGOUS LAWS
49.4 Whether offence under section 49 is compoundable or non-compoundable? [Subsection (3) of section 359 of BNSS]
When an offence is compoundable under section 359 of BNSS, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under sub-section (5) of section 3 (See para 3.8) or section 190 (Member of unlawful assembly) of the Bharatiya Nyaya Sanhita, 2023, may be compounded in like manner.
CLASSIFICATION OF OFFENCES
49.5 Offence
Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment.
Punishment
Same as for offence abetted.
Cognizable or non-cognizable
According as offence abetted is cognizable or non-cognizable. Bailable or non-bailable
According as offence abetted is bailable or non-bailable. By what Court triable
Court by which offence abetted is triable.
SECTION 50
PUNISHMENT OF ABETMENT IF PERSON ABETTED DOES ACT WITH DIFFERENT INTENTION FROM THAT OF ABETTOR
COMPARATIVE STUDY OF PROVISIONS OF BNS, 2023 & IPC
50.1 Corresponding provisions
Section 50 of BNS corresponds to section 110 of IPC
SECTION ANALYSIS
50.2 Conditions to be satisfied to attract punishment under section 50
Section 50 is applicable when the person abetted does the act with a different intention or knowledge from that of the abettor
50.2-1 Punishment provided in section 50
Punishment shall be the same as provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
