Abetment is a crucial concept in criminal law, referring to the act of encouraging, aiding, or assisting another person in committing a crime. While the person who directly commits the crime is held accountable, the one who plays a supporting role, whether through words, actions, or influence, can also be punished under the law.
Under the previous legal frameworks, the scope of abetment was relatively clear, but the introduction of the Bharatiya Nyaya Sanhita (BNS) 2023 brings a fresh perspective.
The BNS 2023 focuses on ensuring greater clarity in how abetment is treated and the punishments that follow. The law recognizes that an individual can be equally guilty if they play a role in instigating or facilitating a crime, even if they are not physically present during its commission.
This new framework aims to address modern forms of abetment, such as through digital platforms or remote encouragement, which were not as clearly defined in earlier laws.
What is Abetment?
Abetment refers to the act of encouraging, assisting, or facilitating someone to commit a crime.
In legal terms, it means that a person, though not directly involved in the commission of the crime, plays a role in making it happen by supporting or provoking the primary offender. The key elements of abetment are:
- Instigation: Encouraging or urging someone to commit a crime.
- Assistance: Helping or providing aid to someone in committing a crime.
- Facilitation: Making it easier for someone to commit the crime, such as providing tools or resources.
In many legal systems, including under Indian law, abetment is considered a crime in itself and can result in punishment, even if the primary offense is not completed.
Abetment holds individuals accountable for their involvement in a crime, even if they were not physically present at the scene.
It ensures that anyone who plays a role in the commission of a crime is subject to legal consequences.
Who is An Abetter?
An abetter (or Abettor) is a person who intentionally encourages, assists, or facilitates another person to commit a crime. The abettor may not directly participate in the criminal act but plays a role in making the crime possible, either by urging the offender to commit the crime, providing resources, or helping in any other way.
In legal terms, an abettor can be anyone who:
- Instigates: Encourages or persuades someone to commit a crime.
- Assists: Provides aid or support to someone in the commission of a crime, such as providing tools or information.
- Facilitates: Makes it easier for the crime to be committed, for example, by planning or organizing parts of the crime.
An abettor can be held legally responsible for the crime, even if they do not physically carry out the offense themselves. Depending on the laws of a jurisdiction, the abettor can face similar penalties as the primary offender.
Law Relating to Abetment Under BNS 2023 ( CHAPTER IV, Section 45-60)
Section 45: Abetment of a Thing
A person abets the doing of something if they:
- Instigate someone to do it.
- Conspire with others to do it, and the act happens as part of the conspiracy.
- Assist intentionally in any way to carry out the act.
Explanation 1: If a person hides or misrepresents facts to cause another to do something, they are said to instigate that action.
Example: If a public officer mistakenly arrests someone because another person lies about their identity, the person who lied is considered to have abetted the arrest.
Explanation 2: If someone helps or facilitates an act before or during its commission, they are aiding in that act.
Section 46: Abettor
A person is an abettor if they help in any way—through instigation, conspiracy, or aiding—to carry out an act that would be a crime, even if:
- The act is not committed.
- The person committing it is legally incapable of committing an offence.
- The effect of the act never happens.
🟩 Explanation 1: Illegal Omission Can Also Be Abetted
If someone fails to do something they are legally bound to do, and you encouraged that failure, you’re still guilty of abetment—even if you’re not legally required to do it yourself.
🔸 Example: A tells B (a police officer) not to file a report he’s legally supposed to. A is abetting B’s illegal omission.
🟩 Explanation 2: The Act Doesn’t Need to Be Completed
Abetment is punishable even if the act is not carried out, or no harm occurs.
🔸 Illustration (a): A tells B to kill C. B refuses. A is still guilty of abetting murder.
🔸 Illustration (b): A tells B to stab D. B does, but D survives. A is still guilty of abetment of murder.
🟩 Explanation 3: The Abetted Person Doesn’t Need to Be Legally Capable
The person being influenced may not be able to commit a crime legally (e.g., a child or someone with a mental illness). Still, the abettor is guilty.
🔸 Illustration (a): A tells a child to commit arson. The child can’t be legally punished, but A can be.
🔸 Illustration (b): A tells a 6-year-old to kill Z, and the child does. A is guilty of murder.
🔸 Illustration (c): A tells a mentally ill person to burn a house. The person does it. A is guilty.
🔸 Illustration (d): A convinces B to steal, making B think the item belongs to A. B isn’t guilty (no dishonest intent), but A is guilty of abetting theft.
🟩 Explanation 4: Abetting an Abetment is Also a Crime
You can be guilty not only for abetting a crime but also for abetting someone who then abets someone else.
🔸 Illustration: A tells B to encourage C to kill Z. C kills Z.
- B is guilty of abetment.
- A is also guilty, as he abetted the abettor.
🟩 Explanation 5: You Don’t Have to Talk Directly to the Criminal
Even if you don’t directly interact with the person who commits the crime, you’re still guilty if you took part in the planning or conspiracy.
🔸 Illustration:
- A and B plan to poison Z.
- B tells C (without naming A) to get poison.
- C gives poison to B.
- A uses it to kill Z.
- C is guilty—he was part of the conspiracy.
Section 47: Abetment in India of Offences Outside India
A person in India can be guilty of abetting a crime that happens outside India if their actions in India led to that crime.
Example: If A in India encourages B in another country to commit a crime, A can be punished in India.
Section 48: Abetment Outside India for Offence in India
A person outside India can abet a crime that occurs in India, even if they are not physically present.
Example: If A in a foreign country encourages B in India to commit a crime, A can be punished in India.
Section 49: Punishment of Abetment if Act Abetted is Committed in Consequence
If the crime that was abetted is actually carried out, the person who abetted it will be punished as if they committed the crime themselves, unless a different punishment is specified.
Example: If A encourages B to poison someone, and B does it, both A and B will be punished for murder.
Section 50: Punishment of Abetment if Person Abetted Acts with Different Intention
If the person who is abetted carries out the act with a different intention or knowledge than the abettor, the abettor will be punished based on what would have happened if the act had been carried out with the abettor’s intention.
Section 51. Liability of Abettor When a Different Act is Done
If an abettor encourages or helps someone commit a crime, but a different crime happens instead, the abettor is still responsible as if they had intended the different act, as long as it was a probable outcome of their actions and the act was done under their influence.
Illustrations:
- A encourages a child to poison food for Z, but the child mistakenly poisons food for Y. Since the child acted under A’s influence, A is responsible as if they had meant to poison Y.
- A encourages B to burn Z’s house, but B also steals during the act. A is not responsible for the theft, as it wasn’t a probable consequence of the burning.
- A encourages B and C to rob a house, and during the robbery, they kill Z. A is responsible for the murder if it was a probable outcome.
Section 52. Abettor Liable to Cumulative Punishment
If the abettor’s actions lead to multiple crimes, they can be punished for each offense committed.
Illustration:
A encourages B to resist a public official, and B causes grievous harm in the process. A is responsible for both the resistance and the harm caused.
Section 53. Liability for Different Effect Caused
If the abettor intends one effect, but a different outcome happens, the abettor is still liable for the result, provided they knew that the act could lead to the different outcome.
Illustration:
A encourages B to hurt Z. Z dies from the injury. If A knew the injury could lead to death, A is responsible for murder.
Section 54. Abettor Present When Offense is Committed
If the abettor is present when the offense occurs, they are treated as having directly committed the crime.
Section 55. Abetment of Death or Life Imprisonment Offenses
If an abettor encourages a crime punishable by death or life imprisonment, but the crime doesn’t happen, the abettor can be punished with imprisonment of up to seven years. If harm results, they can face up to fourteen years in prison.
Illustration:
A encourages B to murder Z. If Z is not murdered, A faces up to seven years in prison. If harm is done to Z, A faces up to fourteen years.
Section 56. Abetment of Imprisonment Offenses
If an abettor encourages a crime punishable by imprisonment, and the crime doesn’t happen, the abettor faces a punishment of up to one-fourth of the longest imprisonment term for that crime.
Section 57. Abetment by Public or Large Groups
If an abettor encourages a crime by a group of more than ten people, they can be punished with up to seven years in prison and a fine.
Illustration:
A encourages a group to attack an opposing sect. A is responsible for the violence caused by this act.
Section 58. Concealing Design for Death or Life Imprisonment Offenses
If someone hides knowledge about a planned crime punishable by death or life imprisonment, they can be punished with up to seven years in prison if the crime happens, or three years if it doesn’t.
Illustration:
A knows a robbery will happen and falsely informs authorities about a different crime. If the robbery occurs, A is punished.
Section 59. Public Servant Concealing Design
If a public servant hides a planned crime that it is their duty to prevent, they can be punished with up to half the prison term for the crime or up to ten years if the crime is punishable by death or life imprisonment.
Section 60. Concealing Design for Imprisonment Offenses
If someone hides knowledge of a crime punishable by imprisonment, they can be punished with up to one-fourth of the prison term if the crime happens or one-eighth if it doesn’t.
Recent Caselaws On Abetment under BNS
In Kamlesh Jatav vs. The State of Madhya Pradesh, the allegation of abetment to suicide under Section 45 of the Bharatiya Nyaya Sanhita (BNS) was critically examined. The deceased had left a suicide note stating that the applicant did not return Rs. 3 lakhs and that his quotation was not accepted, which allegedly caused distress leading to suicide. However, the defense contended—and the Court found merit in the argument—that such statements, even if true, do not satisfy the legal threshold for abetment. The Court observed that there was no evidence of instigation, intentional aid, or direct involvement by the applicant that could be said to have driven the deceased to commit suicide. Referring to the essential ingredients of abetment under Section 45 BNS (akin to Section 306 IPC), the Court held that mere non-return of money or business disappointment, without a clear element of provocation or mental coercion, does not amount to abetment to suicide. Hence, the Court concluded that the abetment charge was not prima facie attracted in this case.
In Katikam Sanjay vs The State Of Andhra Pradesh on 28 March, 2025, the Court held that, In order to attract the offence under Section 108 of the BNS, it is essential that the ingredients of Section 45 of the BNS are satisfied. As per Section 45, abetment may be by instigating a person to commit an offence, engaging in a conspiracy to commit an offence, or intentionally aiding a person to commit an offence. A perusal of the material on record, prima facie, shows that the petitioner and other accused abused the deceased for not repaying the amounts that were lent to him. The petitioner, who is working as a teacher, faces the risk of losing his job if arrested.
Frequently Asked Questions (FAQs)
1. What is abetment under BNS 2023?
Abetment refers to the act of instigating, aiding, or conspiring with someone to commit an offence, even if the person abetted doesn’t carry out the crime.
2. Can someone be punished for abetment even if the crime is not committed?
Yes. Under Section 46 BNS, an abettor is liable even if the crime isn’t ultimately committed, as long as instigation, conspiracy, or intentional aid is proven.
3. What are the forms of abetment under Section 45 BNS?
- Instigation
- Conspiracy (leading to the act)
- Intentional aid or assistance
4. Is abetment through digital means covered under BNS?
Yes. BNS 2023 recognizes modern forms of abetment, including remote and digital means like social media or messaging platforms.
5. Can someone in India be punished for abetting a crime committed abroad?
Yes. Under Section 47, a person in India can be punished if their actions led to a crime outside India.
6. Can a person outside India be held liable for abetment of a crime committed in India?
Yes. Under Section 48, even a person not present in India can be liable for abetment of crimes committed within Indian territory.
7. What happens if the person who abetted acts with a different intention than the abettor?
Section 50 holds the abettor responsible based on what would have happened if the act had been committed with their own intention.
8. What is the punishment for abetment of an offence punishable by death or life imprisonment if the offence is not committed?
Under Section 55, the abettor may face up to 7 years’ imprisonment, and up to 14 years if harm results.
9. Is mere silence or presence considered abetment?
No. Mere silence or passive presence without instigation, aid, or conspiracy is not enough to constitute abetment under BNS.
10. What does the law say about concealment of abetment plans?
Under Sections 58–60, concealing knowledge of an abetment plan can lead to punishment, especially if the concealed crime is serious (death, life imprisonment, etc.).
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