Bharatiya Nyaya Sanhita, 2023 - Chapter IV

Section 56 BNS: Abetment of Offence Punishable with Imprisonment

Section 56 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for abetting an offence punishable with imprisonment when the offence is not committed in consequence of the abetment and the Sanhita does not provide a separate express punishment for that abetment.

Law: Bharatiya Nyaya Sanhita, 2023 Act: Act 45 of 2023 Section: 56 Chapter: IV - Of Abetment, Criminal Conspiracy and Attempt In force: 1 July 2024

Text of Section 56 BNS

56. Abetment of offence punishable with imprisonment. 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.

What Section 56 Means

Section 56 applies where a person abets an offence that is punishable with imprisonment, but the contemplated offence is not actually committed because of that abetment. The provision operates only where the BNS does not contain some other express provision prescribing punishment for the particular abetment.

Ordinary case Imprisonment may extend to one-fourth of the longest term prescribed for the offence abetted, or the fine prescribed for that offence, or both.
Public servant situation If the abettor or the person abetted is a public servant whose duty is to prevent that offence, imprisonment may extend to one-half of the longest term prescribed for the offence, or the prescribed fine, or both.

Meaning of "Abetment" under the BNS

Section 45 of the Bharatiya Nyaya Sanhita explains when a person abets the doing of a thing. In substance, abetment may arise where a person:

  • instigates another person to do the thing;
  • engages in a conspiracy for doing the thing and an act or illegal omission takes place in pursuance of that conspiracy and in order to do the thing; or
  • intentionally aids the doing of the thing by an act or illegal omission.

Section 46 further deals with the concept of an "abettor" and makes clear, among other things, that an act abetted need not necessarily be completed for abetment to exist. Section 56 then provides the punishment in the specific situation covered by that section.

Essential Conditions for Section 56

For Section 56 to apply, the following features should be present:

  • there must be abetment of an offence punishable with imprisonment;
  • the offence must not have been committed in consequence of the abetment;
  • there must be no other express provision in the BNS prescribing punishment for that particular abetment; and
  • the applicable sentencing limit depends on whether the special public servant condition is attracted.

Punishment under Section 56

In the ordinary case, the maximum imprisonment is linked to the punishment for the offence abetted and may extend to one-fourth of its longest prescribed term. The court may also impose the fine provided for that offence, or both imprisonment and fine.

Where the abettor or the person abetted is a public servant whose duty is to prevent the commission of the offence, the maximum imprisonment rises to one-half of the longest term prescribed for the offence. The fine provided for that offence may also be imposed, either alone where legally permissible under the section or together with imprisonment.

Statutory Illustrations

  1. A instigates B to give false evidence. If B does not give false evidence, A has nevertheless committed the offence covered by Section 56 and is punishable accordingly.
  2. A, a police officer whose duty is to prevent robbery, abets a robbery. Even if the robbery is not committed, A is liable to punishment up to one-half of the longest term of imprisonment provided for robbery, along with fine as provided by the section.
  3. B abets the commission of a robbery by A, a police officer whose duty is to prevent that offence. Even though the robbery is not committed, B is subject to the enhanced one-half sentencing rule described in Section 56.

Why the Public Servant Rule Is Important

Section 56 treats the public servant situation more seriously because the provision expressly enhances the maximum imprisonment where either the abettor or the person abetted is a public servant charged with the duty of preventing the very offence in question. The statutory illustrations use robbery and a police officer to demonstrate how the rule operates.

Commencement of the Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 received presidential assent on 25 December 2023. By Central Government notification dated 23 February 2024, its provisions were brought into force from 1 July 2024, except Section 106(2).

Official References

Note: This page reproduces and explains the statutory provision for general legal information. The application of Section 56 depends on the facts of each case, the offence allegedly abetted, and other applicable provisions of the BNS and procedural law.