BNS Section 52 — Abettor when liable to cumulative punishment for act abetted and for act done

CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT — of abetment

Criminal

Summary

If the act for which the abettor is liable under section 51 is committed in addition to the act that was originally abetted, and that additional act constitutes a distinct offence, then the abettor is liable to punishment for each of the offences separately.

The illustration explains this with an example. A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. Since B has committed both the offence of resisting the distress and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences. If A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.

Official Text

If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences.

Illustration. A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • SOMU v. THE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE — Supreme Court of India (2020)
  • JAMUNA SINGH v. STATE — Supreme Court of India (1967)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)

Old <-> New Code Mapping

  • IPC §112 — Abettor when liable to cumulative punishment for act abetted and for act done