Question
Consider the following statements regarding abetment under Section 45 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: A person abets the doing of a thing who instigates another person to do that thing. Statement 2: Abetment includes engaging in a conspiracy for doing a thing if an act or illegal omission takes place in pursuance of the conspiracy. Statement 3: Abetment requires actual commission of the abetted offence for the abettor to incur liability. Statement 4: Intentionally aiding by any act or illegal omission the doing of a thing constitutes abetment. Which statements are correct?
Solution
Section 45 of BNS, 2023 defines abetment through three modes: (1) instigation, (2) conspiracy with illegal act/omission in pursuance, and (3) intentional aid. Statement 1 is correct—instigation is one mode of abetment. Statement 2 is correct—conspiracy followed by act in pursuance is abetment. Statement 4 is correct—intentional aid constitutes abetment. Statement 3 is incorrect—Section 46 clarifies that abetment is punishable even if the abetted offence is not committed. Thus, actual commission is not required for abettor liability. Statements 1, 2, and 4 are correct.
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