Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
Section 113 of the Indian Penal Code, 1860 (Liability of abettor for an effect caused by the act abetted different from that intended by the abettor) corresponds to Section 53 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 53 is according as offence abetted is cognizable or non-cognizable, according as offence abetted is bailable or non-bailable, triable by Court by which offence abetted is triable; punishment: Same as for offence committed.
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
53. When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.
Illustration.
A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.