Section 48 BNS: Abetment outside India for offence in India

Bharatiya Nyaya Sanhita, 2023

Section 48 BNS at a Glance

Section 48 BNS deals with abetment outside India for offence in India.

Punishment

None prescribed by this section.

Section 48 BNS Bare Act Text

48. Abetment outside India for offence in India

A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.

Illustration

A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.

Source: Section 48, Bharatiya Nyaya Sanhita, 2023

Section 48 BNS in Simple Words

Section 48 of the Bharatiya Nyaya Sanhita (BNS) brings cross-border abetment within the scope of Indian criminal law. It applies to any person who is outside India, referred to in the text as being without and beyond India, when they abet the commission of an act in India. If that act would constitute an offence under the BNS when committed in India, the person outside India is treated as having abetted an offence within the meaning of the Sanhita.

For this provision to apply, the abetment itself takes place outside India, while the act abetted is to be committed in India. The statutory illustration makes this clear: if a person A in country X instigates B to commit a murder in India, A is guilty of abetting murder.

This section defines when conduct outside India amounts to abetment under the Sanhita, and it prescribes no punishment of its own. Instead, it establishes that the person abroad abets an offence within the meaning of the Sanhita whenever the act encouraged in India would be an offence if committed in India.

Ingredients of Section 48 BNS

  • The person is without and beyond India
  • There is abetment within the meaning of the Sanhita
  • The abetment relates to the commission of an act in India
  • That act would constitute an offence if committed in India

Punishment Under Section 48 BNS

Imprisonment

None prescribed by this section.

Fine

None prescribed by this section.

This section defines when abetment from outside India of an act in India constitutes abetment of an offence under the Sanhita and prescribes no separate punishment.

Example of Section 48 BNS

While staying in Bhutan near the India border, Nisha repeatedly calls Gopal in a village near Guwahati and urges him to attack Sunita at her home in Assam. She gives him directions about when Sunita will be alone and presses him to carry out the plan in India. Gopal then acts on that urging in Assam. This falls within the section because Nisha was outside India, her conduct was abetment, and the act she pushed Gopal to commit in India would be an offence if committed in India.

When Section 48 BNS Does Not Apply

  • The person is in India when giving the instigation or aid
  • The act encouraged is to happen outside India, not in India
  • The act proposed in India would not constitute an offence in India
  • There is no abetment at all, such as no instigation, engagement or intentional aid

Previous Law (IPC)

Section 48 BNS is a new provision with no equivalent section in the Indian Penal Code (IPC). It specifically covers abetment committed without and beyond India for the commission of an act in India that would constitute an offence if committed in India.

FAQs on Section 48 BNS

Under Section 48 BNS, can I be punished in India for helping plan a crime from another country?▼

Yes. Section 48 BNS says a person can be treated as abetting an offence even if they were outside India, if they abetted an act done in India that would be an offence if committed in India. The section specifically covers abetment done beyond India for an offence in India.

What does the police have to show under Section 48 BNS?▼

They must show that the person, while outside India, abetted the commission of an act in India. They must also show that the act in India would amount to an offence if committed in India. The section is about abetment linked to an offence happening in India.

Does Section 48 BNS apply if someone in another country tells a person in India to commit murder?▼

Yes. The illustration in the section says that if A in country X instigates B to commit a murder in India, A is guilty of abetting murder. So the section clearly covers instigation from outside India for an offence committed in India.

What punishment is given under Section 48 BNS?▼

Section 48 BNS itself does not state a separate punishment under this section. It explains when a person outside India is treated as having abetted an offence in India. Punishment will depend on the provision dealing with that abetment and the underlying offence.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·