🔍 Abetment of a Thing under the Bharatiya Nyaya Sanhita, 2023

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⚖️ Statutory Provision

The concept of abetment is covered under Chapter 4 of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically from Sections 44 to 48.

🧩 Section 44 – Abetment of a Thing

"A person abets the doing of a thing, who—

(a) instigates any person to do that thing; or

(b) engages with one or more other 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, by any act or illegal omission, the doing of that thing."

This provision defines the concept of abetment — when a person is said to abet the commission of an offense or any illegal act.

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🔎 Key Interpretations

Instigation can be direct or indirect (e.g., through words, gestures, or writing).

Conspiracy alone is not sufficient unless some act or omission is done to further the object of the conspiracy.

Aiding includes both positive acts and deliberate omissions (e.g., not alerting police when duty-bound to do so).

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📌 Illustration from BNS or IPC Case Law (applicable to BNS as well)

R v. Mohit Sharma: A person who provided the weapon used in a robbery, knowing the purpose, was held guilty of abetment by aiding.

Sajan Kumar v. State: Inciting a mob through speeches led to conviction under abetment by instigation.

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⚖️ Punishment for Abetment (BNS Sections 47–48)

Section 47: If the act abetted is committed, abettor gets same punishment as principal offender.

Section 48: If the act is not committed, punishment depends on the nature of the abetted offense (up to 7 years + fine).

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✅ Summary

Abetment under BNS includes instigation, conspiracy, and aiding.

It applies even if the offense is not completed.

Liability is based on intention and active involvement.

Punishment depends on whether the offense is actually committed or not.

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🧾 Criminal Conspiracy – Scope and Punishment under BNS, 2023

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🔍 What is Criminal Conspiracy?

Under Section 61 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminal conspiracy is defined as:

“When two or more persons agree to do, or cause to be done —

(a) an illegal act, or

(b) a legal act by illegal means,

such an agreement is designated a criminal conspiracy.”

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🔸 Key Point: Mere agreement is enough in serious offenses — no act needs to be committed to complete the offense of conspiracy.

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⚖️ Scope of Criminal Conspiracy

Wide Ambit: Covers planning, coordinating, and even supporting illegal acts.

Includes Cyber, White-collar and Organized Crime

Can apply even if the main offense is not actually committed.

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✅ Examples:

Planning a terrorist attack (even if not executed)

Agreement to rig public exams using unfair means

Planning a financial fraud using shell companies

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🧠 Essential Ingredients

Two or more persons

Agreement to commit an illegal act (or legal act by illegal means)

Common intention

Overt act (required only in minor offenses)

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🔍 Notable Features under BNS

Aligns with Section 120A and 120B of IPC, but made clearer.

No requirement of overt act in serious offenses.

Can be charged independently of the actual offense.

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📌 Conclusion

Criminal conspiracy under BNS, 2023 emphasizes the danger of collective criminal intention, even before the actual crime occurs. It is a preventive and punitive provision that targets preparatory and planning stages, especially in modern organized and cyber crimes.

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