Section 46 BNS – Bhartiya Nyaya Sanhita, 2023 & equivalent IPC Section

Section-46 of Bhartiya Nyaya Sanhita, 2023: Abettor – with corresponding and equivalent Sections of IPC-Indian Penal Code.

Bhartiya Nyaya Sanhita, 2023Indian Penal Code, 1860 (corresponding section)
46. A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.   Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.  
Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.  
Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.  
Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
108. Abettor.—A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.  

Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.  

Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

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