The Bharatiya Nyaya Sanhita, 2023
ARRANGEMENT OF SECTIONS
CHAPTER IV: OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
Of abetment
Section 54: Abettor present when offence is committed.
Bare Act
Whenever any person, who is 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.
Simplified Act
If someone helps or encourages another person to commit a crime and is present when the crime happens, they will be considered as having committed the crime themselves.
Explanation using examples
Example 1:
Ravi and Suresh plan to rob a bank. Ravi provides Suresh with the necessary tools and a detailed plan on how to execute the robbery. On the day of the robbery, Ravi accompanies Suresh to the bank but stays outside to keep watch. Suresh goes inside and commits the robbery. According to Section 54 of The Bharatiya Nyaya Sanhita 2023, Ravi, who is present at the scene, will be deemed to have committed the robbery along with Suresh, even though he did not physically enter the bank.
Example 2:
Priya and Anil conspire to cheat in a university exam. Priya obtains the exam papers in advance and shares them with Anil. On the day of the exam, Priya sits in the exam hall and helps Anil by signaling the answers. Anil writes the exam using the answers provided by Priya. Under Section 54 of The Bharatiya Nyaya Sanhita 2023, Priya, who is present in the exam hall, will be considered to have committed the act of cheating along with Anil, even though she did not write the exam herself.
