Section 47

Criminal law usually applies only within a country's territory, which can let people escape punishment by directing crimes from abroad or ordering acts to be done in another country. This provision, carried forward from Section 108A of the old Indian Penal Code, closes that gap by punishing the act of abetment itself, which happens on Indian soil, even though the final offence occurs elsewhere. It reflects the principle that a nation can regulate conduct occurring within its borders, including instigation or conspiracy, regardless of where the resulting harm takes place.

Indian courts have generally treated this provision as a straightforward extension of general abetment principles (instigation, conspiracy, or intentional aid) to cross-border situations, focusing on whether the abetment itself occurred within India. There is limited reported case law specifically interpreting this section, as most abetment prosecutions arise from acts and consequences within India; where courts have referenced it, they emphasize that the underlying act abroad must be one that would be criminal if committed in India.

• Myth: You can't be punished in India for a crime that actually happened in another country.
  Fact: Indian law punishes the act of abetting (encouraging or helping) that happens in India, separately from the crime committed abroad, so the person can be tried in India for abetment.
• Myth: This provision punishes the foreign act itself.
  Fact: It punishes only the abetment that occurred in India; the foreign country would handle prosecution of the actual act committed there, if at all.