Section 47 BNS: Abetment in India of Offences Outside India

Section 47 of the Bharatiya Nyaya Sanhita, 2023 extends the law of abetment to certain cross-border situations. It applies where a person, while in India, abets an act outside India and that act would constitute an offence if it were committed in India.

Law: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023)
Chapter: Chapter IV - Of Abetment, Criminal Conspiracy and Attempt
Provision: Section 47 - Abetment in India of offences outside India
In force: July 1, 2024

Text of Section 47 BNS

47. Abetment in India of offences outside India. - 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.

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 and scope of Section 47 BNS

Section 47 addresses the territorial reach of abetment. The focus is on the location of the abettor and the legal character of the act abetted. If the abettor acts from India and the act to be committed outside India would amount to an offence under Indian law if done in India, Section 47 treats the conduct as abetment for the purposes of the BNS.

Abetment must take place in India

The provision applies where the person alleged to be the abettor is in India when the relevant abetment occurs.

The act is to be committed outside India

The act being abetted is committed, or intended to be committed, without and beyond India.

The act must be an offence if committed in India

The cross-border act must be of such a nature that, had it been committed in India, it would constitute an offence under the applicable Indian criminal law.

Key ingredients of Section 47

Element	Requirement under Section 47
Location of abettor	The abetment occurs in India.
Location of principal act	The act abetted is committed or intended to be committed outside India.
Legal character of act	The act would constitute an offence if it were committed in India.
Nature of liability	The person is treated as abetting an offence within the meaning of the BNS.

How the statutory illustration works

The illustration uses a simple cross-border example. A is physically in India and instigates B, a foreigner in country X, to commit murder in that country. Because murder would constitute an offence if committed in India, A is guilty of abetting murder under Section 47.

Connection with Sections 45, 46 and 48 BNS

Section 45 explains the modes of abetment, including instigation, conspiracy and intentional aid. Section 46 defines an abettor and clarifies the scope of liability. Section 47 then applies those concepts where the abetment takes place in India but the act is committed outside India. By contrast, Section 48 addresses the reverse situation, where the abetment occurs outside India and the act is committed in India.

Provision	Subject	Territorial direction
Section 45	Abetment of a thing	Defines the basic modes of abetment.
Section 46	Abettor	Defines who is an abettor and the scope of abetment liability.
Section 47	Abetment in India of offences outside India	Abetment in India; act outside India.
Section 48	Abetment outside India for offence in India	Abetment outside India; act in India.
Section 49	Punishment where act abetted is committed in consequence	Governs punishment where the act abetted is committed and no express punishment for the abetment is provided.

Territorial application under the BNS

Section 47 should also be read in the wider context of Section 1 of the BNS, which contains provisions concerning application of the Sanhita to certain acts committed beyond India. The precise question of investigation, jurisdiction, cognizance, trial, sanction, extradition, or mutual legal assistance may involve other statutes and procedural provisions in addition to Section 47.

Important: Section 47 is directed to the substantive offence of abetment. Whether a particular court in India can inquire into or try a cross-border offence may also depend on the Bharatiya Nagarik Suraksha Sanhita, 2023 and other applicable laws governing offences committed outside India.

Official references

This page provides the statutory provision with general explanatory material. Cross-border criminal liability and jurisdiction depend on the facts and the complete statutory framework.