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CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT · of abetment

Section 49: Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment

The Bharatiya Nyaya Sanhita, 2023

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence.

Explanation.—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

Illustrations.

(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 6 of our papers cite Section 49. Try these from the free papers:

  1. 1. A and B conspire to poison Z. In pursuance of the conspiracy, A procures poison and hands it to B so that B may administer it to Z. B administers the poison to Z in A's absence, and Z dies. Under the Bharatiya Nyaya Sanhita, 2023, A is

Practise questions on Bharatiya Nyaya Sanhita