Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine.
Illustration.
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.
Simplified Explanation
Section 57 of the Bharatiya Nyaya Sanhita (BNS) addresses situations where a person abets an offense that involves instigating the public or a group of more than ten individuals to commit a crime. This section highlights the serious consequences of encouraging or facilitating mass offenses, which can lead to significant public disorder, safety concerns, and social harm.
Key Elements of Section 57
- Applicability of Section 57
- Section 57 applies when:
- An individual abets an offense by encouraging or instigating a large group, specifically the public or more than ten individuals, to commit the offense.
- This section targets abetment leading to group offenses or mob behavior, where a large number of people are incited to commit an unlawful act, increasing the risk of widespread harm.
- Section 57 applies when:
- Liability of the Abettor
- The abettor in such cases can face significant penalties, reflecting the gravity of influencing large groups to engage in criminal activities.
- The potential for greater harm and social disruption due to the abettor’s actions justifies heightened accountability under this section.
- Punishment for Abetment of Group Offenses
- If the abetted offense is committed by the group, the abettor may be subject to severe penalties—potentially matching those imposed on the primary offenders involved in the group crime.
- Even if the offense is not completed, the abettor may still face substantial consequences for their role in attempting to provoke mass unlawful actions.
- Examples of Abetment Under Section 57
- Example 1: A person incites a crowd of more than ten individuals to engage in rioting or vandalism. If the crowd acts on this instigation, the instigator can be held liable under Section 57, facing severe penalties for abetting a large-scale public disturbance.
- Example 2: An individual encourages a group of people to engage in violence against a particular community or group. Even if the offense is only partially carried out, the person who instigated the crowd may still face punishment for attempting to incite group violence.
- Focus on Preventing Mass Disorder
- Section 57 is designed to prevent large-scale offenses and protect public order by discouraging people from instigating or facilitating group criminal activities.
- By imposing strict penalties on those who incite mass offenses, this section seeks to uphold social stability and discourage mob mentality.
- Intent and Active Encouragement
- For Section 57 to apply, there must be clear evidence that the abettor actively encouraged or intended to provoke a large group or the public into committing an offense.
- This section does not apply to incidental presence or unintentional actions that may have coincidentally influenced a crowd; the abettor’s role must be deliberate and purposefully aimed at inciting the offense.
Importance of Section 57
Section 57 underscores the heightened accountability for those who instigate or abet crimes involving large groups or the public. It recognizes the significant impact that mob actions can have on public safety and social order, aiming to deter individuals from using influence or persuasion to incite mass offenses.In summary, Section 57 of the BNS imposes stringent penalties on individuals who abet offenses by instigating large groups or the public to commit crimes. This provision emphasizes the need for accountability in cases of mass incitement, supporting the maintenance of public peace and deterring group-driven criminal behavior.
