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Section 53 - Liability of abettor for an effect caused by act abetted different from that intended by abettor | The Bharatiya Nyaya Sanhita, 2023 vs Indian Penal Code, 1860 | LawFinder

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The Bharatiya Nyaya Sanhita, 2023 Section 53Indian Penal Code, 1860 Section 113

The Bharatiya Nyaya Sanhita, 2023

Section 53

Liability of abettor for an effect caused by act abetted different from that intended by abettor

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The Bharatiya Nyaya Sanhita, 2023

53. Liability of abettor for an effect caused by act abetted different from that intended by abettor.

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.

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Indian Penal Code, 1860

Section 113

Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

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Indian Penal Code, 1860

113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

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, caused 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.

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53. Liability of abettor for an effect caused by act abetted different from that intended by abettor.