Bharatiya Nyaya Sanhita (BNS) was proposed to effectively be a replacement of the Indian Penal Code 1860 in India’s criminal law system. It is meant to update and simplify the legal framework with the demands of modernised society.
The Act ensures that Indian laws can deal with crimes planned or aided from India even if the actual crime happens outside the country. It draws the eye to the fact that even if a person has helped a crime that would have been prohibited in India then Indian law can still step in no matter where the crime occurs. Thus, if you are in India and are a part of a crime taking place elsewhere, Indian law enforcement can hold you accountable for that crime.
This cross-border jurisdiction helps India bring processes against criminal offences illegal outside of its borders but affect its citizens. Therefore, BNS-47 aims to close and eliminate flaws that culprit might take advantage of doing illegal acts, to let them know that justice is not denied anywhere in the world where the crime is done.
What is Section 47 of BNS?
When illegal acts occur outside of India’s borders from India, Section 47 of BNS ensures that the country’s laws can reach out to and deal with illegal activities that can take place there. It emphasises that if the alleged crime would be illegal in India if it is carried out globally from India, abetment jurisdiction is applicable on a global scale.
Section 47 is mentioned in the Bharatiya Nyaya Sanhita 2023 Act’s CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT which states:
- Statement:
“A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.”
- Meaning of Statement:
It means that a person is considered to be helping or encouraging a crime if they assist in carrying out an act from India even if that act happens outside the country. If that act would be considered a crime if it were done in India, then the person can be held responsible under this law.
In simple terms, if someone in India supports or encourages a crime happening somewhere else they can still be punished as if the crime occurred in India.
- Illustration:
A in India instigates B, a foreigner in country X to commit a murder in that country, A is guilty of abetting murder.
- Meaning of Illustration:
If a person in India encourages or helps a foreigner to commit murder in another country, the person in India is considered guilty of abetting the murder.
What is Chapter IV of Abetment, Criminal Conspiracy and Attempt?
- Abetment:
Abetment refers to a act of encouraging, supporting or helping another person to commit a crime. A person can be held responsible for abetment if they instigate or aid someone else in carrying out a criminal act. This can include providing information, resources or any form of assistance that leads to the commission of the offence.
- Criminal Conspiracy:
Criminal conspiracy is where two or more people plans to commit the same crime. Even if the crime hasn’t been committed, it is still considered as a criminal offence. The simple act of making a plan, deciding to commit a crime or beginning the process can lead to charges under this section.
- Attempt:
Attempt means the actions taken in committing a crime that doesn’t succeed but it was tried to make it successful. If someone takes significant steps to carry out a criminal act but ultimately fails to complete it they can still be charged with an attempt to commit that crime. This highlights that the intention and effort to commit a crime are punishable even if the crime is not fully done.
All these categories put together will form a framework that can then be used in holding a person accountable not only for planning and inciting crime but also for the actual crimes committed. In it lies the broad categories under which people may participate in criminal activity. It is from this chapter, therefore, that the law can address every component of crime.
Difference between IPC and BNS regarding Abetment in India of offences outside India
| Indian Penal Code (IPC) | Bhartiya Nyaya Sanhita (BNS) |
| In IPC Section 108A deals with Abetment in India of offences outside India. | In BNS Section 47 deals with Abetment in India of offences outside India. |
| It was assented on 6th October, 1860. | It received the assent of the President on the 25th December, 2023. |
| It came into effect on January 1, 1862. | It came into effect on July 1, 2024. |
| Statement:“A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.” | Statement:“A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.” |
| Section 108A IPC: This section is dealing with the assisting and abetting foreign crimes in India. | Section 47 BNS: This section comes in one of two categories of sections dealing with assisting and abetting crimes committed outside India within India. Section 48 of the BNS deals with assisting and abetting criminal activity from outside India within India. |
Key Points of Section 47 of BNS
- Jurisdiction of Abetment:
This section establishes that a person in India can be held responsible for abetting an offence that occurs outside India. The goes on to state that if the act committed within India would be considered as an offence, then abetting such an act from India to another country is also punishable.
- Location of Supporter:
It means that a person helping or encouraging a crime should be from India.
- Action Out India Borders:
A person who helps, encourages or supports criminal behavior from within India to another country may still be punished under Indian law even if the act is committed outside of India.
- The Nature of the Act:
If the act done in India would have been illegal then the act done out of India would also be considered illegal only when the act was initiated from India.
- Global Reach:
It is an Indian law that permits Indian authorities to take legal action against anyone who helps or encourages crimes committed outside of India.
- Purpose of Section 47 BNS:
To make sure that those who commit crimes outside of India while getting help from someone there cannot avoid punishment.
Case Studies on Section 47 of BNS:
Case Study 1: Cyber Crime and Hacking
Imagine:
Indian authorities uncovered an international cybercrime network that had reportedly operated from India to target foreign banks accounts. The brains of this operation were said to have been in India, using local operatives for hacking, reportedly from various countries accounts.
Legal Consequences:
As the hacking was indeed executed from India to another country, Section 47 of BNS frames an Indian planner who is convicted of abetting source cybercrime. He must be given severe punishment. The law provided his Indian colleagues with the right to accuse him for participating in these crimes. It is such technical assistance across the border that forms the crucial proof declaring him liable under the laws of India.
Outcome:
This case revealed how Section 47 lets Indian law stretch its arm beyond the geographical boundaries of the Indian land to get a hold of people planning or helping in the perpetuation of crimes from within India.
Case 2: Global Narcotics Trafficking
Imagine:
An Indian citizen in India was seized running a drug trafficking enterprise. He was exporting drugs to various countries through international connections and arranged drugs to be shipped abroad from India.
Legal Consequences:
Using Section 47 of BNS would be a solution to hold the drug dealer guilty of helping to promote drug trafficking even though the shipment of drugs was meant for overseas. The respondents were accused of having engaged in providing aid or facilitating a criminal act, which, if performed from within India, would have been illegal.
Outcome:
He was convicted and sentenced under Section 47 provisions, reinforcing the well-settled cross-border jurisdiction established by BNS against drug-related offences.
Examples for Section 47 of BNS
Example 1.The act of Violence
Priya is an Indian citizen who uses the social media to encourage violence in a foreign country against a political party. She incites her followers to commit acts of violence and provides strategies for organising protest actions that are very likely to degenerate into violence.
Legal Application:
Under Section 47 of BNS Priya can be held guilty of abetting violence because the incitement and cause action which she is supporting from within India are illegal under Indian law. Her influence from within India makes her liable for the consequences of her incitement.
Example 2. The Human Trafficking
It is discovered that Ravi is an Indian citizen who heads a human trafficking organisation. He picks up victims in India and contacts traffickers of other countries to assist him in trafficking into other countries.
Legal Consequences:
Indian authorities will arrest Ravi and hold him liable on charges of aiding and abetting human trafficking under Section 47 of BNS. Even though the practical acts of trafficking may occur in India or another country, Ravi will still be liable under Indian law because he facilitated and organised the trafficking as an accessory.
Conclusion
Section 47 of the Bharatiya Nyaya Sanhita is a significant improvement to the legal system in India by assuring that those responsible for international crimes are held accountable.
This section basically seals away any opportunities for offenders to avoid punishment while planning illegal acts from within India by claiming power over the support and encouragement of crimes committed outside the nation.
Since the growth of criminal activity brought worldwide support to India’s commitment of upholding the rule of law and ensuring that justice is delivered regardless of geographic borders, Section 47 is a crucial provision for the country’s security services.
Frequently Asked Questions on Section 47 of BNS
Q1. What is Section 47 of Bharatiya Nyaya Sanhita (BNS)?
Ans.1. When illegal acts occur outside of India’s borders from India, Section 47 of BNS ensures that the country’s laws can reach out to and deal with illegal activities that can take place there. It emphasises that if the alleged crime would be illegal in India if it is carried out globally from India, abetment jurisdiction is applicable on a global scale.
Q2. What is the Statement of Section 47 of BNS?
Ans.2. A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.
Q3. What does Section 47 of BNS means?
Ans.3. It means that a person is considered to be helping or encouraging a crime if they assist in carrying out an act from India even if that act happens outside the country. If that act would be considered a crime if it were done in India, then the person can be held responsible under this law.
Q4. Is encouraging violence through social media from India to another country a crime?
Ans.4. Yes, under Section 47 of BNS encouraging violence through social media from India to another country is a crime. The person doing this will get punished under section Section 48 of BNS.
Q5. Which type of offences come under Section 47?
Ans.5. Section 47 applies to a wide range of criminal activities like cybercrime, drug trafficking, human trafficking and encouraging violence done from India that would be considered offences under Indian law.
Q6. Does Section 47 of the Indian Constitution apply to foreign nationals?
Ans.6. Yes, under Section 47, a foreign national in India may also face penalties if they participate in actions that support a crime carried outside of the country.
Q7. What differentiates Section 47 BNS from the IPC and any other earlier legislation?
Ans.7. While the provisions of the IPC were rather restricted in respect of offences committed outside India, the scope of the jurisdiction has been widened through Section 47 with the abetment of offences beyond the borders of India and with legal action against certain parties in India who facilitate or encourage such acts.
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