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Section 45 - The Bharatiya Nyaya Sanhita, 2023
45. 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 person or 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.
Explanation 1.-A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2.-Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
Related Sections
- Section 178: Counterfeiting coin, Government stamps, currency-notes or bank-notes
- Section 356: Defamation
- Section 339: Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
- Section 179: Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes
- Section 42: When such right extends to causing any harm other than death