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. ...

Section 29 of The Bharatiya Nyaya Sanhita(BNS),2023

Section 29 of The Bharatiya Nyaya Sanhita(BNS),2023
29. The exceptions in sections 21, 22 and 23 do not extend to acts which are offences
independently of any harm which they may cause, or be intended to cause, or be known to
be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration.
 Causing miscarriage (unless caused in good faith for the purpose of saving the life of
the woman) is offence independently of any harm which it may cause or be intended to cause
to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of
the woman or of her guardian to the causing of such miscarriage does not justify the act.

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