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

abetment

Criminal

Summary

If someone helps or encourages another person to commit an act intending a specific result, but the act actually causes a different result, the person who helped is still responsible for that different result. This applies only if the person knew, at the time of helping, that the act they were encouraging was likely to cause that different result. In that case, the law treats them as if they had intended to cause that different result from the start.

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.

Related Judgments

  • GURJIT SINGH vs STATE OF PUNJAB — Supreme Court of India (2019)
  • RAJEEV KUMAR vs STATE OF HARYANA — Supreme Court of India (2013)
  • RAMESH KUMAR vs STATE OF CHHATTISGARH — Supreme Court of India (2001)
  • SOCIAL ACTION FORUM FOR MANAV ADHIKAR AND ANOTHER vs UNION OF INDIA MINISTRY OF LAW AND JUSTICE AND OTHERS — Supreme Court of India (2018)

Old <-> New Code Mapping

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