Section 48 ensures that anyone who, while situated outside India, abets the commission of an offence within Indian territory can still be prosecuted under Indian law. This provision holds foreign-based individuals accountable if their instigation, conspiracy, or aid leads to a criminal act being committed in India.
Key Provisions:
- A person is guilty of abetment under this section if they:
- Are located outside India, and
- Instigate, conspire, or aid in committing any act inside India,
- And that act would be considered an offence under the Bharatiya Nyaya Sanhita.
- This provision applies regardless of the abettor’s nationality or physical presence in India.
Illustration:
A, sitting in country X, instigates B to commit murder in India.
Even though A is abroad, they are guilty of abetting murder under Indian law.
How It Protects:
- Closes legal loopholes by allowing prosecution of foreign conspirators or planners of crimes committed in India.
- Prevents misuse of international safe zones for directing crimes in Indian territory.
- Reinforces India’s legal sovereignty by asserting jurisdiction over crimes within its borders, regardless of where they are initiated.
Example:
- A person sitting abroad funds and directs terrorist acts in India - they are guilty under this section.
- A foreign national coordinates a drug trafficking operation into India - they can be prosecuted as an abettor.