Section 45 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

CHAPTER IV
OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
of abetment

Abetment of a
thing.

  1. 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.
    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.