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Section 48: Abetment Outside India for Offence Committed in India

Bharatiya Nyaya Sanhita • Chapter IV: Of Abetment, Criminal Conspiracy & Attempt • Official Statutory Text & Legal Guide

Chapter IV: Of Abetment, Criminal Conspiracy & Attempt
Court by which offence triable
According as offence is bailable
According as offence is cognizable
Formerly Sec 108A IPC
Section 47 All 358 Sections of Bharatiya Nyaya Sanhita Section 49

Legal Commentary & Landmark Judgments: Section 48

Section 48 provides that a person abets an offence within the meaning of the Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

  • Cross-Border Criminal Outreach: Penalizes persons operating within Indian territory who organize, fund, or instigate crimes executed overseas.
  • Dual Criminality Baseline: The act committed overseas must be of such nature that it would constitute an offence under the Sanhita if committed in India.
  • Global Terror & Cybercrime Application: Primary statutory weapon against cross-border financial scams, overseas cyber attacks, and transnational smuggling coordinated from India.
Key Landmark Precedents:
  • Empress v. Moorga Chetty (1881) ILR 5 Bom 338: The Full Bench examined extra-territorial abetment under Section 108A IPC (Section 48 BNS), affirming that planning and funding overseas crimes from Indian soil is punishable in India.
  • State of Maharashtra v. Mayer Hans George (AIR 1965 SC 722): Affirmed the sovereign jurisdiction of Indian courts over offences initiated or facilitated within Indian territory.
Courtroom Practice & Strategic Litigation Guidance:

In transnational cyber fraud or offshore money laundering investigations, establish the domestic communication trail under Section 48 BNS: if emails, bank transfers, or instructions originated within India, Indian courts possess complete jurisdiction.

Section 47 All 358 Sections of Bharatiya Nyaya Sanhita Section 49