BNS Section 49 – Punishment Of Abetment If The Act Abetted Is Committed In Consequence And Where No Express Provision Is Made For Its Punishment

Bharatiya Nyaya Sanhita (BNS) Section 49 addresses criminal acts done by multiple people with a common intention. It states that when multiple persons commit a criminal act with shared intent, each person is equally liable as if they had committed the entire act themselves. This section plays a crucial role in ensuring joint accountability in crimes involving multiple offenders, such as group assaults, mob violence, and planned robberies.

BNS Section 49 is the equivalent of Section 109 of the Indian Penal Code (IPC), which dealt with acts done by several persons in furtherance of a common intention.

In this article, you will get to know about

• Simplified Explanation of BNS Section 49
• Key Details.
• Practical Examples.

Legal Provisions

Section 49 of BNS says,

Punishment of abetment if act abetted is commited in consequences and where no express provisions is made for its punishment.

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this sanhita for the punishment of such abetment, be punished with the punishment provided for the offence.

Explanation: An act or offence is said to be commited in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspirarcy, or with the aid which constitutes the abetment.

Simplified Explanation

BNS Section 49 punishes anyone who tries to help, provoke, or plan a crime, but the crime never actually happens.

For example:

• If someone tells another to commit theft, but the person doesn’t do it, the one who told them can still be punished.
• The punishment will be less than if the crime had actually occurred.

This section targets people who try to instigate or support crimes, even if their plan fails.

Key Elements Of BNS Section 49:

1. Criminal Act by Multiple Persons:
   The section applies when a crime is committed by two or more persons.
2. Common Intention:
   All those involved must have a pre-arranged plan or shared intent to commit the crime.
3. Equal Liability:
   Everyone involved is treated as equally responsible, even if their roles differ.
4. No Need for Individual Acts:
   A person may not have physically done the entire act, but if they shared the intention and helped commit it, they are equally guilty.

Example: If ‘A, ‘B, and ‘C’ plan to beat someone and only ‘A’ and 'B’ hit the person, even 'C’ can be punished if he shared the common intent.

Practical Examples Illustrating BNS Section 49

1. Planned Robbery:
   Four individuals plan a bank robbery. Two enter the bank, one stays at the door as a lookout, and the fourth drives the getaway car. All four share the common intention and are equally liable, even though they played different roles.
2. Group Assault:
   Five people agree to attack someone over a land dispute. Only three physically beat the victim, but all had agreed beforehand. All five can be held responsible under Section 49.
3. Property Destruction:
   A group sets fire to a shop during a protest. Even if only one lit the match, others who shared the plan are also culpable under this section.

Key Improvements And Changes: IPC Section 109 To BNS Section 49

BNS Section 49 is a direct translation of IPC Section 109.

There are no major changes in the law itself; it is merely the same IPC Section 109. According to the section, if anyone abets the commission of an offense by any act or illegal omission, and if the offense be committed in consequence of such abetment, the abettor shall be punishable as a principal offender in the same manner as if he or she had actually committed the offense, where no special provision exists for the punishment of abetment. One main improvement is that it retained the old provision to make sure that all abettors are held responsible to the extent that the law has not stated a punishment for the abettor of that type.

No conceptual change was made, but the drafting in BNS ensures simplified and precise legal interpretation.