Abetment, Harbouring, And Conspiracy Under Bns

The BNS now includes new offenses such as organized crime (Clauses 109-110), terrorist acts (Clause 111), acts endangering India’s sovereignty, unity, and integrity (Clause 150), murder by a group of five or more people based on race, religion, caste, etc. (Clause 101), making or publishing fake news (Clause 195), and sexual intercourse by deceptive means (Clause 69). The legislation enhances penalties for several offenses and mandates minimum punishments for at least four.

Abetment, Harbouring, and Conspiracy under BNS

• Abetment outside India for Offence in India: Section 48 of BNS is a new provision. [NEW]. Section 48 of the BNS states that a person commits an offense within the meaning of this Sanhita if he or she aids in the commission of any act in India that would be an offense if done in India. Abetment by a person residing outside of India has been made a crime under Section 48, allowing the prosecution of a person located in a foreign nation.
• Section 57 of BNS/Section 117 of IPC: It prohibits abetting the commission of an offense by more than ten people or in public. Penalties as prescribed. Section 117 of the IPC provided for imprisonment up to three years, a fine, or both. Section 57 of the BNS provides for imprisonment of either description for up to seven years or a fine.
• Offences related to harboring deserters in the Army, Navy, and Air Force are outlined in Section 164 of BNS/Section 136 of IPC: Spouse: The exemption clause distinguishes Section 136 of the IPC from Section 164 of the BNS. While the previous legislation clearly stated that the exception applies when a wife provides shelter to her husband, the new law uses the more gender-neutral phrase “spouse,” implying that the exception applies when either a husband or a wife provides sanctuary to a deserter. The adjustment reflects the new law’s more inclusive approach.
• Conspiracy: Sections 111 and 113 of the Bharatiya Nyaya Sanhita (BNS) 2023 address organized crime and terrorist crimes by instituting deterrent sanctions. These sections discuss the commission, attempt, abetment, and conspiracy of organized crimes and terrorist acts. They also punish being a part of an organized crime syndicate or terrorist organization, harboring or hiding individuals involved in such activities, and having property earned from these crimes. Section 111 addresses several state organized crime legislation, whereas Section 113 coincides with the Unlawful Activities Prevention Act (UAPA). Furthermore, for terrorist-related offenses, an officer not below the rank of SP decides whether to file the case under BNS, 2023, or UAPA.

All three incomplete category offenses, i.e. Attempt, abetment, and conspiracy are merged into a single chapter (Chapter IV OF ABETMENT, CRIMINAL CONSPIRACY, AND ATTEMPT) (Section 45-62) of the BNS 2023. Earlier, these offenses were part of various chapters. The Bharatiya Nyaya Sanhita (BNS) 2023 represents a breakthrough and radical overhaul of India’s legal framework. With its extensive reforms and notable additions, the law not only replaces the antiquated Indian Penal Code of 1860 but also establishes a more organized and efficient structure to address contemporary concerns. The BNS streamlines legal provisions, consolidates disparate laws, and creates new offenses, demonstrating a dedication to clarity, fairness, and adaptability.

The primary provisions and modifications in the BNS indicate a move towards modernization and responsiveness to societal requirements. Notably, the inclusion of community work as a form of punishment reflects a forward-thinking strategy that seeks not only punishing measures but also beneficial contributions to society.

The BNS 2023 targets a variety of issues, including offenses against women, minors, and murder, as well as organized crime, terrorism, and exploitation. It eliminates obsolete words, adds gender-neutral clauses, and conforms with changing societal values. The abolition of the offense of ‘attempt to commit suicide’ in favor of a more nuanced approach demonstrates the growing knowledge of mental health issues.

Furthermore, the BNS, 2023 makes a daring move by deleting the section on sedition, emphasizing the protection of free speech and expression, and establishing a new provision to address activities undermining India’s sovereignty, unity, and integrity. These adjustments show a balance between protecting fundamental rights and preserving national interests.

Lead India provides free legal advice, internet information, and other legal services. We offer a forum where you may talk with a lawyer and ask legal questions. Lead India’s Lawyers.