Bharatiya Nyaya Sanhita, 2023
Section 48
Abetment outside India for offence in India
A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India. Illustration. A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.
Why this exists
Criminal law traditionally applies within a country's borders, but crimes are often planned or encouraged from abroad using phone calls, messages, or money transfers. This provision (carried forward from Section 108A of the old Indian Penal Code) closes that gap by making clear that abetment law reaches people who instigate crimes in India from foreign soil, ensuring they cannot escape liability merely by staying outside the country.
Common misconceptions
- Myth: You can't be punished under Indian law if you never physically entered India.
Fact: This provision specifically says that instigating or helping a crime in India from abroad still makes you guilty of abetment under Indian law.