Code: Section 52 BNS
If the act for which the abettor is liable under section 51 is committed in addition to
the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each
of the offences.
A instigates B to resist by force a distress made by a public servant. B, in consequence,
resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the
officer executing the distress. As B has committed both the offence of resisting the distress,
and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these
offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the
distress, A will also be liable to punishment for each of the offences.
Explanation of Section 52 BNS
1. Meaning of Cumulative Punishment
Section 52 establishes that if an abettor is liable for an act under Section 51 BNS (where one act is abetted and another act is committed), and if both the abetted act and the actual act done are separate punishable offenses, then the abettor must face punishment for both offenses.
2. Key Elements of Liability Under Section 52
- The abettor abetted an act, but the principal offender committed a different or additional act.
- Both the abetted act and the act committed are punishable separately under the Bharatiya Nyaya Sanhita (BNS).
- The abettor cannot escape liability for either act and will be punished for both offenses.
Illustrations of Section 52 BNS
1. Abetment of Assault Leading to Murder
- A instigates B to physically assault Z.
- B, instead of just assaulting Z, murders him.
- A is liable for both:
- Abetment of assault (because that was his intent).
- Abetment of murder (if murder was a probable consequence).
2. Arson and Robbery
- A conspires with B to burn Z’s house.
- B sets fire to the house and commits robbery.
- A is liable for:
- Abetment of arson.
- Abetment of robbery, if it was a probable consequence.
3. Kidnapping Leading to Human Trafficking
- A hires B to kidnap a child for ransom.
- Instead of demanding ransom, B sells the child into human trafficking.
- A is punished for both:
- Abetment of kidnapping.
- Abetment of human trafficking, if it was a probable consequence.
Common Questions and Answers on Section 52 BNS
1. What does “cumulative punishment” mean?
It means an abettor will face punishment for both the act abetted and the additional act committed—if both are separately punishable offenses.
2. Can an abettor be punished twice for the same act?
No. The punishment is only for separate offenses. If two distinct crimes occur, the abettor must be punished for both.
3. How is Section 52 different from Section 51?
- Section 51 BNS makes an abettor liable when a different but probable act occurs.
- Section 52 BNS applies when both the abetted act and the committed act are punishable separately, making the abettor liable for both.
4. Can an abettor claim ignorance of the additional crime?
Not if the additional act was a probable consequence of the abetment. Ignorance does not protect the abettor.
5. Does Section 52 apply if the principal offender is not punished?
Yes. Even if the principal offender is not caught or punished, the abetting party remains liable.
Conclusion
Section 52 of the Bharatiya Nyaya Sanhita (BNS), 2023, ensures that an abettor cannot escape liability when both the abetted act and the actual act done are punishable offenses. This section strengthens the accountability of individuals involved in crimes by ensuring cumulative punishment for multiple offenses arising from abetment.
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