BNS
BNS Section 48 – Abetment Outside India For Offence In India
The Bharatiya Nyaya Sanhita (BNS) represents a radical departure in India’s criminal justice system because it replaces the Indian Penal Code (IPC) from the era of colonialism with a modern, philosophical, and systematic criminal law. BNS Section 48, located under Chapter VI, addressing “Abetment outside India for offence in India,” represents one of the most important provisions in the BNS because it makes it a crime for a person who may physically be outside Indian borders but abets, encourages, or assists an offence committed within India.
In this article, you will get to know about:
- Simplified Explanation of BNS Section 48.
- Key Details.
- Practical Examples Illustrating BNS Section 48.
Legal Provision
Abetment outside India for an offence in India (New)
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.“abettor”.
- Section 48 of BNS is a new provision.
- Section 48 of BNS provides that a person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the 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.
Simplified Explanation
BNS Section 48 establishes the conditions under which a person outside of India can be liable criminally for the instigation or incitement of offences that are committed within India. In the simplest sense, “Abetting Outside India” means helping or encouraging someone to commit a crime in India, even though you are not in India yourself. If you tell, guide, or support someone in India to do something illegal—like hacking a system, spreading violence, or helping someone to plan a crime—you are considered an abettor under BNS Section 48.
It doesn’t matter if you are sitting in another country.
What matters is:
- The crime happened in India, and
- You helped or encouraged it in some way from outside India.
This could be through words, money, instructions, or any kind of support. Even if you never come to India, the law will treat you as someone who helped commit the crime, and you can be punished just like the person who actually did it.
Example: A person living in Australia tells someone in India how to hack a government website. Even though they’re not in India, they can still be held guilty under Indian law.
Key Details Of BNS Section 48
Feature | Description |
|---|---|
Core Principle | A person can be held criminally liable in India if they abet a crime committed within India, even while located outside India. |
Scope of Application | Applies to any person outside Indian territory who instigates, aids, or conspires to commit an offense within India. |
Territorial Principle | The abettor's physical presence in India is not required; the law focuses on the location of the crime, not the abettor. |
Method of Abetment | Can include verbal instructions, digital communication, monetary support, planning, or resources. |
Legal Liability | The abettor is punishable under Indian law as if the abetment was done from within India. |
Requirement of Crime | The offence must actually occur in India for this section to apply. |
Extraterritorial Jurisdiction | Extends Indian criminal law to foreign nationals or NRIs abetting Indian crimes. |
BNS Equivalent of IPC | Newly introduced in BNS; no direct equivalent in the Indian Penal Code (IPC). |
Practical Examples Illustrating BNS Section 48
A few examples are given below:
- Instigation from Abroad
- ‘Z' (Australia) calls Vijay in India, urging him to commit murder. 'Z’ is guilty under Section 48, even though physically in Australia.
- Conspiracy via Digital Means
- Person ‘A' abroad conspires via chat messages to have a cyberattack carried out in India. 'A’ falls under Section 48 liability.
Legal Significance & Enhancements
- First of Its Kind: Unlike the IPC, which lacks such an extraterritorial provision, the BNS explicitly criminalizes abetment beyond India for Indian offences.
- Broader Jurisdictional Scope: Extends India’s reach to combat cross-border crimes, including terrorism, cyberattacks, and international conspiracies.
- Punishment Impact: Related punishment depends on whether the abetted offence is committed and the gravity of the offence (death/life imprisonment or otherwise) according to sections 49–56.
Conclusion
BNS Section 48 is a powerful new law under the Bharatiya Nyaya Sanhita that helps India punish people who plan or support crimes from outside the country. Even if someone is sitting abroad, if they help commit a crime in India—like through phone calls, money, or online messages—they can be held guilty under Indian law. This law is important in today’s digital world, where crimes like cyber attacks, fraud, and terrorism often involve people from other countries. Section 48 closes the legal gap left by the old Indian Penal Code (IPC) and gives Indian authorities the power to take action against cross-border criminals. It makes sure that no one can escape punishment just because they are not in India.
Frequently Asked Questions
Q1. What is Section 48 of the Bharatiya Nyaya Sanhita (BNS)?
Section 48 of the BNS states that if a person, while being outside India, abets an offence that is committed within India, they are legally punishable just like someone who committed the offence from within Indian territory.
Q2. Does Section 48 BNS cover online abetment from abroad?
Yes, Section 48 applies even if the abetment is done digitally or through electronic communication (e.g., email, social media, chat apps) from outside India, as long as the crime is intended to happen in India.
Q3. What qualifies as “abetment” under BNS Section 48?
Abetment includes instigating, conspiring, or intentionally aiding someone to commit a crime in India. Mere expression of opinion is not abetment unless it leads to criminal intent or action.
Q4. Is BNS Section 48 a new provision, or was it there in the IPC?
Section 48 is a new addition under the Bharatiya Nyaya Sanhita. The Indian Penal Code (IPC) had no exact equivalent granting this level of extraterritorial jurisdiction for abetment.
Q5. Can a person be held liable under Section 48 even if the crime doesn't happen?
Yes. Under BNS Section 48, a person can still be held liable for abetment even if the crime does not actually occur, as long as there was intent and action to abet the offence.
Jyoti Dwivedi completed her LL.B at Chhatrapati Shahu Ji Maharaj University, Kanpur, and her LL.M from Rama University, Uttar Pradesh. She is registered with the Bar Council of India and specialises in IPR as well as civil, criminal, and corporate law. Jyoti writes research papers, contributes chapters to pro bono publications, and pens articles and blogs to break down complex legal topics. Her goal through writing is to make the law clear, accessible, and meaningful for all.
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