BNS Section 56 – Abetment Of Offence Punishable With Imprisonment

Bharatiya Nyaya Sanhita (BNS) Section 56 deals with the punishment for abetment of any offense punishable with imprisonment, where no separate punishment is specifically mentioned. This section ensures that even those who encourage, assist, or help commit a crime, even if they don’t commit it themselves, can be punished equally under the law. This is a vital part of the Indian criminal justice system to stop indirect involvement in criminal acts. BNS Section 56 is the updated version of IPC Section 116, introduced as part of the new criminal code reforms that replaced the colonial-era Indian Penal Code in 2023.

You will learn from this Blog:

• The meaning and importance of BNS Section 56 in punishing those who abet crimes, even if the crime is not committed by them.
• Key differences and improvements from the earlier law (IPC Section 116).
• How punishment works for abettors and public servants.
• Basic explanations and practical examples for better understanding.

Legal Provision

“Abetment of offence punishable with imprisonment”

Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Illustration:
(1) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(2) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term provided for that offence

Simplified Explanation of BNS Section- 56

1. If someone tries to get another person to commit a crime that can lead to jail, but that crime does not happen, the person who tried to cause the crime can still be punished. This means even if the crime isn’t completed, just encouraging or helping someone to do it is against the law.
2. If the person who tries to cause the crime is a government worker (like a police officer) who is supposed to stop crimes but instead helps or encourages them, the punishment is stricter.

The court and rules for handling this punishment are the same as for the actual crime that was planned.

Explanation:

This section punishes anyone who tries to cause or helps in committing a crime that can lead to jail, even if the crime never actually takes place. For example, if you convince someone to steal but they decide not to, you can still be punished. The law is stricter if a public servant (like a police officer) who should stop crimes instead helps or encourages one. The rules about how the case is handled, whether it is arrestable without a warrant (cognizable), whether bail is allowed, and which court tries the case, follow the characteristics of the original crime being abetted. This provision ensures fairness and justice by holding abettors accountable, even when the actual crime was not completed.

Practical Examples Illustrating BNS Section 56

• Example 1: If someone asks a friend to lie in court, but the friend refuses, the person who asked can still be punished because they tried to make someone commit a crime.
• Example 2: A police officer, whose job is to stop crimes, helps plan a robbery. Even if the robbery does not happen, the officer can be punished more severely because they are supposed to prevent that crime.
• Example 3: A person works with a public servant to commit a crime, but the crime is not carried out. Both can be punished for trying to help commit the crime.

Key Improvements and Changes: From IPC Section 116 to BNS Section 56

Conclusion:

Bharatiya Nyaya Sanhita (BNS) Section 56 is a significant modernization of criminal law in India, ensuring that not only direct offenders but also those who encourage or assist in attempted crimes face justice. This provision strengthens accountability and fairness by making it clear that abetment, even if unsuccessful, is a punishable offense. With updated language and focus, especially on public servants' accountability, BNS Section 56 reflects the evolving values of India’s legal system and the commitment to curb indirect involvement in crimes. By understanding these changes and the legal process, citizens and professionals can better appreciate the role of abetment laws in safeguarding society. Whether you are a law student, legal professional, or concerned citizen, knowing the impact and improvements brought by BNS Section 56 will empower you with knowledge to recognize and prevent abetment in any form.