BNS Section 53 — Liability of abettor for an effect caused by act abetted different from that intended by abettor

CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT — of abetment

Criminal

Summary

When a person abets an act intending a specific result, but the act that actually occurs—and for which the abettor is responsible because of the abetment—produces a different result, the abettor is still liable for that actual result. This liability applies in the same way and to the same extent as if the abettor had originally intended that different result, provided the abettor knew that the abetted act was likely to cause that different result.

The illustration clarifies this: A instigates B to cause grievous hurt to Z. B, following the instigation, causes grievous hurt to Z, and Z dies from that hurt. If A knew that the grievous hurt he instigated was likely to cause death, then A is liable for the punishment provided for murder.

Official Text

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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • IPC §113 — Liability of abettor for an effect caused by act abetted different from that intended by abettor