Section 47 addresses cases where a person abets a crime from within India, even if the actual offence is committed outside Indian territory. If the act would be an offence had it occurred in India, the person abetting it from India is considered guilty under Indian law. This ensures cross-border accountability for criminal intent originating in India.
Key Provisions:
- Any person who abets (instigates, conspires, or aids) the commission of an act outside India,
is guilty under this law if:- The act would have been an offence if committed within India.
- The abetment took place from within Indian territory.
- This applies even if:
- The act was committed by a foreigner.
- The act occurred entirely outside Indian jurisdiction.
Illustration:
A, residing in India, instigates B (a foreign national living in country X) to commit a murder in country X.
Even though the crime occurs outside India, since the abetment originated in India, A is guilty of abetting murder.
How It Protects:
- Prevents individuals in India from escaping legal consequences for crimes committed abroad through their instigation.
- Extends Indian criminal accountability to international boundaries, promoting legal integrity.
- Deters people from remotely planning or facilitating foreign offences using India as a base.
Example:
- A hacker in India helps plan a cyberattack on a server abroad — if that act is considered an offence in India,
the person can be charged with abetment under this section. - A person in India funds or instructs a crime abroad (e.g., fraud, terrorism) — they can be held criminally liable in India.