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.
Illustrations.
(a) 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.
(b) 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 of imprisonment provided for that offence, and also to fine.
(c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.
Simplified Explanation
Section 56 of the Bharatiya Nyaya Sanhita (BNS) addresses cases where a person abets an offense that, if committed, is punishable with imprisonment (but not death or life imprisonment). This section outlines the consequences for abettors of offenses that are less severe than capital crimes, ensuring that those who encourage or assist in such acts are held accountable.
Key Elements of Section 56
- Applicability of Section 56
- This section applies when:
- A person abets an offense that carries a punishment of imprisonment if committed, but not a punishment of death or life imprisonment.
- It covers a broad range of offenses punishable by various terms of imprisonment, from minor offenses to more serious crimes, provided the maximum penalty does not include life imprisonment or the death penalty.
- This section applies when:
- Liability of the Abettor
- An abettor under Section 56 faces punishment that may correspond to the offense they encouraged or assisted, depending on the severity and nature of the offense.
- If the abetted offense is committed, the abettor’s punishment could be equal to the principal offender’s, aligning their liability with the crime’s impact and seriousness.
- Punishment for Abetment of Imprisonable Offenses
- If the offense is committed: The abettor may receive the same punishment as prescribed for the principal offender, based on the offense’s nature and severity.
- If the offense is not committed: The abettor may still face a penalty, usually a lighter one than if the offense had been completed. This is to acknowledge the abettor’s intent to encourage the crime, even if it was not fully carried out.
- Examples of Abetment Under Section 56
- Example 1: A person encourages another to commit theft. If the theft occurs, the abettor may face the same imprisonment term as the person who committed the theft.
- Example 2: Someone assists in planning a minor assault, and the assault is attempted but not fully carried out. The abettor may still face a penalty for their role in encouraging the act, though it may be less severe than if the assault had succeeded.
- Intent and Active Encouragement
- Section 56 requires that the abettor’s intent and active encouragement or assistance in committing the offense be clearly demonstrated. This means showing that the abettor was purposeful in their involvement and not an incidental party.
- Purpose of Section 56
- This section ensures accountability for those who encourage or facilitate crimes punishable by imprisonment, reinforcing the message that indirect involvement in criminal acts carries consequences.
- Section 56 aims to deter individuals from aiding in the commission of imprisonable offenses, even if they are not as serious as those warranting life imprisonment or capital punishment.
Importance of Section 56
Section 56 reinforces the idea that abetting an imprisonable offense, regardless of severity, has legal consequences. It ensures that those who actively support or facilitate crimes are held responsible, promoting a deterrent effect and underscoring the accountability of abettors across various offense types.
In summary, Section 56 of the BNS provides for the punishment of abettors in cases where the abetted offense is punishable with imprisonment, aligning their liability with the seriousness of the offense. This provision ensures that individuals who encourage or assist in such crimes are accountable under the law, reinforcing the principles of responsibility and deterrence.
