Section 50 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 50 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the liability of an abettor when the person they abetted commits the act with a different intention or knowledge than that of the abettor. This provision ensures that the abettor is held accountable for the offence as if it were committed with their own intention or knowledge
Text of Section 50
"Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other."
Legal Context
This section is part of Chapter 4 of the BNS, 2023, which deals with Abetment, Criminal Conspiracy, and Attempt of Abetment. It aligns with the corresponding provision in the Indian Penal Code (IPC), 1860, specifically Section 110, which addresses similar circumstances of differing intentions or knowledge between the abettor and the person abetted.
Illustrative Example
If Person A instigates Person B to commit an offence with a specific intention, but Person B carries out the act with a different intention or knowledge, Person A would still be liable for the offence as if they had committed it with the same intention or knowledge as Person B.
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