Section 251 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 251 — Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Title of Section 251
“Punishment for Abetment of Offences”
Substance of Section 251
Section 251 of BNSS provides that:
Whoever abets the commission of an offence under this Sanhita shall be punished with the same punishment as if he had committed the offence himself, unless a different punishment is expressly provided for abetment.
In essence:
Abetment includes instigating, aiding, or intentionally facilitating another person to commit a crime.
The law treats abetment seriously by making the abettor liable almost as if they had committed the offence directly.
Purpose and Rationale
The purpose of Section 251 is to:
Prevent indirect participation in crime – a person who encourages or helps another to commit an offence can’t escape liability.
Ensure accountability – both the principal offender and the abettor are held legally responsible.
Deter criminal conspiracy and collaboration – recognizing that many offences occur through planning or encouragement.
Key Elements of Abetment Under Section 251
To invoke Section 251, the following elements must be established:
1. Instigation
A person can be said to abet if they encourage, provoke, or incite another to commit an offence.
The instigation must be intentional and directed toward the commission of the crime.
2. Conspiracy or Agreement
If two or more persons agree to commit an offence, each person is liable for abetment.
Mere knowledge of a planned offence without participation is not sufficient.
3. Aiding or Facilitation
Providing assistance, resources, or information that enables the offence constitutes abetment.
Examples include supplying tools, giving instructions, or creating conditions for the crime.
4. Knowledge of the Offence
The abettor must have knowledge that the act they are helping or encouraging is criminal.
Innocent acts unknowingly contributing to a crime do not amount to abetment.
Scope of Liability
Abettor Punished as Principal:
The abettor may receive the same punishment as the person committing the offence, unless BNSS provides a separate punishment for abetment.
Joint Liability:
In cases of multiple abettors or conspirators, each may be held equally liable, depending on their participation and intent.
Illustrations (Conceptual)
Illustration 1 – Instigation
A encourages B to commit theft and provides detailed instructions on how to break into a shop. B commits the theft.
A is liable under Section 251 for abetment of theft and can face the same punishment as B.
Illustration 2 – Aiding
A supplies a weapon to B, knowing that B intends to commit assault. B uses the weapon to harm C.
A is liable for abetment to assault, even though A did not directly assault C.
Illustration 3 – Conspiracy
A and B plan to commit fraud together. They divide tasks and execute the plan.
Both are liable as principals and abettors, depending on their roles.
Exceptions and Clarifications
Voluntary Withdrawal:
If a person abandons participation before the offence occurs, Section 251 may not apply.
Courts will consider whether the abettor actively withdrew and prevented the crime.
Acts Without Knowledge:
A person who unknowingly assists someone committing an offence is not liable for abetment.
Example: Lending a vehicle without knowing it will be used to commit a crime.
Specific Punishment Provisions:
If the BNSS prescribes a separate punishment for abetment of a particular offence, that punishment applies instead of the principal offence penalty.
Legal Implications
Section 251 broadens criminal accountability by punishing those who are indirectly involved.
It deters collaboration, instigation, and support for criminal acts.
Courts will carefully examine intent, knowledge, and actions of the abettor to determine liability.
Key Takeaways
Abetment includes instigation, aiding, and conspiracy.
Knowledge and intent are essential – accidental involvement is not punishable.
Punishment is generally the same as the principal offence, unless otherwise specified.
Early withdrawal or prevention of the offence may mitigate liability.
Section 251 ensures that indirect participation in crime is criminally accountable.Section 251 — Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Title of Section 251
“Punishment for Abetment of Offences”
Substance of Section 251
Section 251 of BNSS provides that:
Whoever abets the commission of an offence under this Sanhita shall be punished with the same punishment as if he had committed the offence himself, unless a different punishment is expressly provided for abetment.
In essence:
Abetment includes instigating, aiding, or intentionally facilitating another person to commit a crime.
The law treats abetment seriously by making the abettor liable almost as if they had committed the offence directly.
Purpose and Rationale
The purpose of Section 251 is to:
Prevent indirect participation in crime – a person who encourages or helps another to commit an offence can’t escape liability.
Ensure accountability – both the principal offender and the abettor are held legally responsible.
Deter criminal conspiracy and collaboration – recognizing that many offences occur through planning or encouragement.
Key Elements of Abetment Under Section 251
To invoke Section 251, the following elements must be established:
1. Instigation
A person can be said to abet if they encourage, provoke, or incite another to commit an offence.
The instigation must be intentional and directed toward the commission of the crime.
2. Conspiracy or Agreement
If two or more persons agree to commit an offence, each person is liable for abetment.
Mere knowledge of a planned offence without participation is not sufficient.
3. Aiding or Facilitation
Providing assistance, resources, or information that enables the offence constitutes abetment.
Examples include supplying tools, giving instructions, or creating conditions for the crime.
4. Knowledge of the Offence
The abettor must have knowledge that the act they are helping or encouraging is criminal.
Innocent acts unknowingly contributing to a crime do not amount to abetment.
Scope of Liability
Abettor Punished as Principal:
The abettor may receive the same punishment as the person committing the offence, unless BNSS provides a separate punishment for abetment.
Joint Liability:
In cases of multiple abettors or conspirators, each may be held equally liable, depending on their participation and intent.
Illustrations (Conceptual)
Illustration 1 – Instigation
A encourages B to commit theft and provides detailed instructions on how to break into a shop. B commits the theft.
A is liable under Section 251 for abetment of theft and can face the same punishment as B.
Illustration 2 – Aiding
A supplies a weapon to B, knowing that B intends to commit assault. B uses the weapon to harm C.
A is liable for abetment to assault, even though A did not directly assault C.
Illustration 3 – Conspiracy
A and B plan to commit fraud together. They divide tasks and execute the plan.
Both are liable as principals and abettors, depending on their roles.
Exceptions and Clarifications
Voluntary Withdrawal:
If a person abandons participation before the offence occurs, Section 251 may not apply.
Courts will consider whether the abettor actively withdrew and prevented the crime.
Acts Without Knowledge:
A person who unknowingly assists someone committing an offence is not liable for abetment.
Example: Lending a vehicle without knowing it will be used to commit a crime.
Specific Punishment Provisions:
If the BNSS prescribes a separate punishment for abetment of a particular offence, that punishment applies instead of the principal offence penalty.
Legal Implications
Section 251 broadens criminal accountability by punishing those who are indirectly involved.
It deters collaboration, instigation, and support for criminal acts.
Courts will carefully examine intent, knowledge, and actions of the abettor to determine liability.
Key Takeaways
Abetment includes instigation, aiding, and conspiracy.
Knowledge and intent are essential – accidental involvement is not punishable.
Punishment is generally the same as the principal offence, unless otherwise specified.
Early withdrawal or prevention of the offence may mitigate liability.
Section 251 ensures that indirect participation in crime is criminally accountable.
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