Code: Section 47 BNS
A person abets an offence within the meaning of this Sanhita who, in India, abets
the commission of any act without and beyond India which would constitute an offence if
committed in India.
Illustration.
A, in India, instigates B, a foreigner in country X, to commit a murder in that country,
A is guilty of abetting murder.
Common Questions and Answers on Section 47 BNS
1. Can a person in India be punished for abetting a crime committed in another country?
Yes. If the crime would be punishable under Indian law, the person abetting the crime from India is held liable.
2. What if the act is not considered a crime in the foreign country?
It does not matter. If the act would be a crime in India, the abettor in India can still be prosecuted.
3. Does the accused need to be physically present at the crime scene?
No. Even if the person is in India, they can be guilty of abetment if they instigate, conspire, or aid the offense outside India.
4. Is the punishment the same as for abetment within India?
Yes. The abettor is punished as per Indian laws, just like in cases of abetment within India.
5. What if the abetted person does not actually commit the crime?
Even if the crime is not committed, the abettor can still be prosecuted for abetment.
Conclusion
Section 47 of the Bharatiya Nyaya Sanhita (BNS) ensures that individuals cannot escape legal consequences by directing crimes outside India. Whether the crime occurs within or beyond Indian borders, the abettor remains liable under Indian law.
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