Whoever abets the commission of an offence punishable with death or imprisonment for life, 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 either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
Illustration.
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.
Simplified Explanation
Section 55 of the Bharatiya Nyaya Sanhita (BNS) addresses the serious implications of abetting offenses that are punishable by either death or life imprisonment. This section establishes that individuals who encourage, assist, or instigate such grave offenses are subject to strict legal accountability, aligning their punishment with the severity of the crime they facilitated.
Key Elements of Section 55
- Applicability of Section 55
- This section applies when:
- A person abets an offense that, if committed, would carry a punishment of death or life imprisonment.
- This includes serious crimes such as murder, terrorism, espionage, and other life-threatening or high-risk offenses where the law prescribes severe penalties for those convicted.
- This section applies when:
- Liability of the Abettor
- An abettor of such serious offenses faces significant legal consequences, potentially facing the same level of punishment as the principal offender.
- Even if the offense is not completed (for example, if it is only attempted or planned but not executed), the abettor may still be subject to severe penalties because of the gravity of the offense they encouraged.
- Punishment for Abetment of Capital Offenses
- If the offense actually occurs, the abettor can be punished with life imprisonment or even the death penalty, depending on the role they played and the specific circumstances.
- If the offense does not occur, but it’s proven that the abettor had the intent and took concrete steps to encourage or assist, they may face rigorous imprisonment, which could be substantial, given the potential consequences of the crime they promoted.
- Examples of Abetment Under Section 55
- Example 1: If a person encourages or assists someone in planning a murder, and the murder is carried out, the abettor could face the death penalty or life imprisonment, depending on their level of involvement.
- Example 2: If an individual supplies weapons or resources to a terrorist knowing they intend to use them for a fatal attack, the abettor may be liable for life imprisonment or other severe penalties, even if the attack is only attempted and not completed.
- Focus on Deterrence and Public Safety
- Section 55 is aimed at deterring people from participating in or supporting highly dangerous and destructive offenses by aligning the punishment for abetment with the punishment for the crime itself.
- This section underscores the seriousness with which the law views involvement in capital offenses, regardless of whether the abettor is the primary perpetrator.
- Intent and Active Participation
- To apply Section 55, there must be clear evidence of the abettor’s intent and active steps taken to support the commission of the capital offense.
- The law requires that the abettor’s involvement be purposeful and significant to warrant such severe penalties.
Importance of Section 55
Section 55 serves as a powerful deterrent against abetting serious crimes that endanger lives and public safety. By equating the punishment for abetment with that of the primary offense, this section reinforces the accountability of individuals who support or encourage capital offenses and underscores the serious consequences of contributing to life-threatening criminal activities.
In summary, Section 55 of the BNS mandates severe penalties for abetting offenses punishable by death or life imprisonment, holding abettors equally accountable for encouraging or assisting in such crimes. This provision emphasizes the law’s stance on safeguarding society by imposing stringent consequences for involvement in capital offenses, whether direct or indirect.
