BNS Section 52 - Abettor When Liable To Cumulative Punishment For Act Abetted And For Act Done

Section 52 of the Bharatiya Nyaya Sanhita (BNS), 2023, talks about situations where a person encourages or helps someone commit a crime (abetment), and that person ends up committing more than one offence during that act. This law ensures that the abettor can be punished for all the offences committed if they could reasonably foresee those outcomes. This provision replaces Section 112 of the Indian Penal Code (IPC) and aims to tighten accountability in cases where crimes escalate beyond the original plan, especially when those extra actions were predictable.

Simplified Explanation Of BNS Section 52

If you encourage or help someone to do something illegal, and during that act, the person also commits another offence, responsible for both, but only if you could reasonably expect that the second act might happen.

This means you can’t just say, “I didn’t ask them to do that extra thing,” if it was something that could logically happen because of what you supported.

Legal Provision

Section 52 of BNS tells, Liability of abettor for act causing different effect from that intended—
When an act is abetted with the intention of causing a particular effect, and an act is done which causes a different effect, the abettor is liable for the effect caused in the same manner and to the same extent as if he had intended to cause it:
Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

Practical Examples Illustrating BNS Section 52

Example 1:

‘A' tells B to beat up a man to scare him. While beating him, ‘B’ ends up breaking the man's leg. Since serious injury was a possible result of the abetment, 'A’ can be punished for that injury, not just for the original intent to scare.

Example 2:

‘A' tells ‘B’ to burn someone’s crops. 'B’ also sets fire to a nearby house. If A knew this was likely, he could be punished for the crop burning and the house fire.

Key Improvements And Changes: IPC Section 112 → BNS Section 52

Conclusion

BNS Section 52 makes it clear that if you help or encourage someone to commit a crime, you may be punished not just for the main offence, but also for any other crime they commit during that act—as long as it was something you could reasonably expect. This section ensures that people who support illegal acts can’t escape by claiming they didn’t plan the full outcome. It brings more fairness and responsibility into the legal system by focusing on what was likely to happen, not just what was intended.