🔍 Abetment of a Thing under the Bharatiya Nyaya Sanhita, 2023

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⚖️ Statutory Provision

The concept of abetment is covered under Chapter 4 of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically from Sections 44 to 48.

🧩 Section 44 – Abetment of a Thing

"A person abets the doing of a thing, who—

(a) instigates any person to do that thing; or

(b) engages with one or more other persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

(c) intentionally aids, by any act or illegal omission, the doing of that thing."

This provision defines the concept of abetment — when a person is said to abet the commission of an offense or any illegal act.

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🔎 Key Interpretations

Instigation can be direct or indirect (e.g., through words, gestures, or writing).

Conspiracy alone is not sufficient unless some act or omission is done to further the object of the conspiracy.

Aiding includes both positive acts and deliberate omissions (e.g., not alerting police when duty-bound to do so).

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📌 Illustration from BNS or IPC Case Law (applicable to BNS as well)

R v. Mohit Sharma: A person who provided the weapon used in a robbery, knowing the purpose, was held guilty of abetment by aiding.

Sajan Kumar v. State: Inciting a mob through speeches led to conviction under abetment by instigation.

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⚖️ Punishment for Abetment (BNS Sections 47–48)

Section 47: If the act abetted is committed, abettor gets same punishment as principal offender.

Section 48: If the act is not committed, punishment depends on the nature of the abetted offense (up to 7 years + fine).

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✅ Summary

Abetment under BNS includes instigation, conspiracy, and aiding.

It applies even if the offense is not completed.

Liability is based on intention and active involvement.

Punishment depends on whether the offense is actually committed or not.

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🧾 Criminal Conspiracy – Scope and Punishment under BNS, 2023

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🔍 What is Criminal Conspiracy?

Under Section 61 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminal conspiracy is defined as:

“When two or more persons agree to do, or cause to be done —

(a) an illegal act, or

(b) a legal act by illegal means,

such an agreement is designated a criminal conspiracy.”

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🔸 Key Point: Mere agreement is enough in serious offenses — no act needs to be committed to complete the offense of conspiracy.

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⚖️ Scope of Criminal Conspiracy

Wide Ambit: Covers planning, coordinating, and even supporting illegal acts.

Includes Cyber, White-collar and Organized Crime

Can apply even if the main offense is not actually committed.

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✅ Examples:

Planning a terrorist attack (even if not executed)

Agreement to rig public exams using unfair means

Planning a financial fraud using shell companies

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🧠 Essential Ingredients

Two or more persons

Agreement to commit an illegal act (or legal act by illegal means)

Common intention

Overt act (required only in minor offenses)

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🔍 Notable Features under BNS

Aligns with Section 120A and 120B of IPC, but made clearer.

No requirement of overt act in serious offenses.

Can be charged independently of the actual offense.

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📌 Conclusion

Criminal conspiracy under BNS, 2023 emphasizes the danger of collective criminal intention, even before the actual crime occurs. It is a preventive and punitive provision that targets preparatory and planning stages, especially in modern organized and cyber crimes.

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🧾 Attempt to Commit an Offense – Section 62, Bharatiya Nyaya Sanhita, 2023

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⚖️ Statutory Provision – Section 62, BNS 2023

“Whoever attempts to commit an offense punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offense to be committed, and in such attempt does any act towards the commission of the offense, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offense, for a term which may extend to one-half of the longest term of imprisonment provided for that offense, or with such fine as is provided, or with both.”

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🔍 Meaning of Attempt

An attempt is when a person intends to commit a crime and takes a substantial step towards it, but fails to complete it.

It lies between preparation and completion of the crime.

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🧠 Essential Ingredients of an Attempt

Intention (Mens Rea) to commit an offense

Execution (Actus Reus) – doing something more than mere preparation

Proximity to completion of the crime

Failure to complete the offense

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🧩 Examples

Attempt to murder: Shooting a person with intent to kill, but missing the shot.

Attempt to rape: Physical actions stopped or resisted before completion.

Attempt to commit theft: Breaking into a house but caught before stealing.

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🔐 Punishment under Section 62

Maximum punishment is half the maximum term for the full offense.

If the offense is punishable with 10 years, attempt may attract up to 5 years.

Fine or both can also be imposed.

Applies only where no specific attempt provision exists.

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📚 Illustrative Case (based on IPC, relevant to BNS)

Koppula Venkat Rao v. State of Andhra Pradesh (2004):

The accused removed the clothes of a girl but was stopped. It was held as an attempt to rape — he had the intention and had done acts toward committing it.

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✅ Summary

Section 62 of BNS punishes an attempt to commit crimes even if unsuccessful.

Focuses on deterrence and preventive action.

Reflects a shift toward punishing intention plus effort, even if crime fails.

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🧾 Changes in Classification of Offenses under Bharatiya Nyaya Sanhita (BNS), 2023

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📘 What is Classification of Offenses?

In criminal law, offenses are classified based on seriousness, trial process and bailability. Under the Indian Penal Code (IPC) and now the Bharatiya Nyaya Sanhita (BNS), 2023, classification helps determine:

Whether an offense is cognizable or non-cognizable

Whether it is bailable or non-bailable

Which court has jurisdiction to try the offense

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🔄 Key Changes Introduced in BNS, 2023

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1. ✅ New Classification Tables Introduced

Each offense is now clearly presented in tabular format in BNS, showing:

| Offense | Cognizable/Non-Cognizable | Bailable/Non-Bailable | Punishment | Triable by |

This enhances clarity for police, lawyers and judges.

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2. 🚓 Redefined Cognizable and Non-Cognizable Offenses

Cognizable Offenses: Police can arrest without warrant (e.g. murder, rape, dacoity)

Non-Cognizable Offenses: Police need prior approval from Magistrate to act

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🔄 Changes in categorization:

Some offenses previously non-cognizable under IPC have become cognizable under BNS (and vice versa), depending on gravity and social impact.

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3. ⚖️ New Bailability Structure

Bailable: Accused has the right to bail

Non-bailable: Bail is at the discretion of the court

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🔄 Reclassification:

Certain economic offenses and cybercrimes are now non-bailable, showing a policy shift toward stringency in white-collar crimes.

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4. 🏛 Trial Jurisdiction Clarified

Each offense is now assigned a specific level of court:

Magistrate of First Class

Sessions Court

Executive Magistrate (for community service or summary trial)

This brings uniformity and predictability in procedure.

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🧠 Why These Changes Matter?

Improves Police Efficiency: Clearer rules on arrest powers

Enhances Judicial Transparency: Well-defined trial structure

Protects Citizens’ Rights: Better classification prevents misuse of arrest powers

Focus on Serious Offenses: Cyber, economic and sexual offenses treated more stringently

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✅ Summary

The BNS, 2023 marks a systemic improvement in how offenses are classified:

Better guidance for law enforcement

More fairness in legal procedures

Modernization aligned with current societal threats (e.g. cybercrime, terrorism)

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🧾 Changes in the Definition of Rape under Bharatiya Nyaya Sanhita (BNS), 2023

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📘 Overview

The Bharatiya Nyaya Sanhita (BNS), 2023 retains much of the essence of the definition of rape as found in Section 375 of the Indian Penal Code (IPC), 1860, but introduces structural clarity, modernization of language and broader interpretative scope. The goal is to make the law more victim-sensitive, gender-just and reflective of contemporary realities.

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🔖 Relevant Section under BNS, 2023

Section 63 of the BNS, 2023 corresponds to Section 375 IPC.

It defines what constitutes rape and prescribes punishment accordingly.

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🔍 Definition: What Constitutes Rape under Section 63, BNS?

A man is said to commit rape if he does any of the following acts with a woman without her consent, or against her will, or under coercion or misrepresentation:

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Acts that Constitute Rape:

Penetration of penis into vagina, mouth, urethra or anus

Inserting any object or body part into vagina, urethra or anus

Manipulating body parts to cause penetration

Applying mouth to vagina, anus or urethra

All of the above without consent or under false pretenses

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🧠 Important Legal Terms

Consent ≠ Submission: Mere lack of resistance is not consent.

Presumption of no consent: If a woman says she did not consent, the court shall presume she did not.

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🧾 Example Scenario

A man lures a woman by promising marriage, has sex with her and later refuses to marry. If the promise was false from the beginning, it constitutes rape under Section 63, as consent was obtained by deception.

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🔔 Debates and Criticisms

❗️ Marital Rape Exception is still retained, which has faced criticism from women's rights activists and courts.

✅ However, BNS modernizes the definition, focuses on victim dignity and expands the scope of prosecution.

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✅ Conclusion

The BNS, 2023, keeps the core of the IPC’s rape laws but makes them clearer, stricter and more inclusive. The law now better addresses the psychological, physical and emotional impact of sexual assault, reflecting India's evolving approach to gender justice.

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