Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023

-
Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023 45. 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. Illustration. 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. ...
Post a Comment

Section 9 of The Bharatiya Nyaya Sanhita(BNS),2023

-
Section 9 of The Bharatiya Nyaya Sanhita(BNS),2023
9. (1) Where anything which is an offence is made up of parts, any of which parts is
itself an offence, the offender shall not be punished with the punishment of more than one of
such his offences, unless it be so expressly provided.
(2) (a) Where anything is an offence falling within two or more separate definitions of
any law in force for the time being by which offences are defined or punished; or
(b) Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries
him could award for any one of such offences.
Illustrations.
(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of
voluntarily causing hurt to Z by the whole beating, and also by each of the blows which
make up the whole beating. If A were liable to punishment for every blow, he might be
imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the
whole beating.
(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the
blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one
punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.

Comments

Post a Comment

Popular posts from this blog