Code: Section 54 BNS
54. Abettor Present When Offence Is Committed
Whenever any person, who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
Explanation of Section 54 BNS
1. Concept of Liability of a Present Abettor
- This section strengthens criminal liability by treating an abettor as a direct offender if they are physically present when the crime occurs.
- Even if the abettor did not commit the act directly, mere presence during the offense makes them equally responsible.
2. Key Elements of Section 54
- The person must have been an abettor to the offense.
- The person must have been physically present when the offense was committed.
- If the person had been absent, they would still be liable as an abettor under Section 51, Section 52, or Section 53.
This ensures that a person cannot escape liability by claiming they only “encouraged” the crime but did not actively commit it.
Illustrations of Section 54 BNS
Example from the Law
A instigates B to murder Z and stands near B while Z is attacked.
- If A had not been present, he would be punishable as an abettor of murder.
- Since A was present when Z was killed, he is now deemed to have committed murder himself.
More Examples
1. Robbery with an Armed Gang
- X plans a robbery and gives weapons to Y and Z.
- X is present outside the bank while Y and Z rob it.
- Even if X does not enter the bank, his presence makes him equally guilty of robbery.
2. Group Assault
- A instigates B and C to beat up D.
- A stands and watches while B and C attack D.
- Since A was present, he is liable as if he himself attacked D.
3. Riot or Mob Violence
- A encourages a violent mob to set fire to a vehicle.
- He stands nearby watching and shouting in support.
- A is guilty of arson as if he had directly set the fire.
Common Questions and Answers on Section 54 BNS
1. What is the primary purpose of Section 54?
It ensures that abettors who are present at the crime scene are held equally responsible as the main offender.
2. How is this different from regular abetment laws?
- Normal abetment (Sections 51-53 BNS) applies whether or not the abettor is present.
- Section 54 treats a present abettor as a principal offender, making their punishment more severe.
3. Can a person be convicted under Section 54 if they did not directly participate?
Yes. If they were physically present and had a role in abetment, they are guilty as if they committed the offense themselves.
4. What if the abettor was present but tried to stop the crime?
If the abettor clearly opposed the crime and did not aid it, they may not be held liable under Section 54.
5. Does Section 54 apply to all offenses?
Yes, Section 54 applies broadly to all criminal offenses, including murder, theft, riots, and corruption.
Conclusion
Section 54 of the Bharatiya Nyaya Sanhita (BNS), 2023, ensures that an abettor physically present at the crime scene cannot escape liability. It treats them as a direct offender, preventing criminals from avoiding punishment by claiming they only “encouraged” the act.
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