| Section | Punishment | Cognizable? | Bail | Triable by |
|---|---|---|---|---|
| 49 Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment. | Same as for offence abetted | According as offence abetted is cognizable or non-cognizable | According as offence abetted is bailable or non-bailable | Court by which offence abetted is triable |
Source: First Schedule of the BNSS 2023 (classification of offences)
Section 49 of Bharatiya Nyaya Sanhita (BNS) 2023:Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.
Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.Bharatiya Nyaya Sanhita 2023
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 committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
llustrations.
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.