Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 55: Abetment of offence punishable with death or imprisonment for life.
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.
Brief Detail
BNS Section 55: Abetment of Offence Punishable with Death or Imprisonment for Life
This section addresses the punishment for individuals who abet an offence that is punishable by death or life imprisonment. If the abetted offence is not committed, and there is no specific punishment for the abetment in the Sanhita, the abettor can be sentenced to imprisonment for up to seven years and fined. If an act causing harm results from the abetment, the abettor may face imprisonment for up to fourteen years and a fine.
Question & Answers
Q1: What is the punishment for abetment of an offence punishable with death or imprisonment for life if the offence is not committed?
A1: If the offence is not committed, the abettor is punishable with imprisonment for a term that may extend to seven years and is also liable to a fine.
Q2: What happens if the abetment results in harm to a person?
A2: If the abetment results in an act causing harm to any person, the abettor can be punished with imprisonment for a term that may extend to fourteen years and is also liable to a fine.
Q3: Does the Sanhita provide for a specific punishment for abetment of an offence punishable with death or imprisonment for life?
A3: The Sanhita does not provide a specific punishment for such abetment; therefore, the general punishment applies.
Q4: Can the punishment for abetment exceed fourteen years of imprisonment?
A4: No, the maximum term of imprisonment for abetment causing harm is fourteen years.
Example
A instigates B to murder Z. The murder does not occur. If B had committed the murder, he would have faced death or life imprisonment. Consequently, A is liable to imprisonment for up to seven years and a fine. If any harm had been caused to Z due to A's instigation, A would be liable to imprisonment for up to fourteen years and a fine.
Summary
BNS Section 55 deals with the punishment for abetting an offence punishable by death or life imprisonment. If the abetted offence is not committed, the abettor faces up to seven years of imprisonment and a fine. If the abetment causes harm, the punishment increases to up to fourteen years of imprisonment and a fine.
