Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
Brief Detail
BNS Section 53 addresses the liability of an abettor when the outcome of the act abetted is different from what the abettor intended. If the abettor knew that the act could cause a different effect than intended, they are held responsible for that actual effect. For instance, if an abettor intends for someone to be injured but the injury results in death, and they knew such an outcome was possible, they can be punished as if they intended the more severe outcome.
Question & Answers
Q: What does BNS Section 53 cover?
A: BNS Section 53 covers the liability of an abettor when the actual effect of the act abetted is different from the effect the abettor intended. The abettor is held liable for the effect caused if they knew that the act abetted was likely to cause that effect.
Q: What is required for an abettor to be held liable for a different effect than intended?
A: The abettor must have known that the act abetted was likely to cause the different effect. They are then liable for the effect caused in the same manner and to the same extent as if they had intended that effect.
Q: Can you provide an example of how BNS Section 53 applies?
A: Yes. If A instigates B to cause grievous hurt to Z, and B causes grievous hurt that leads to Z's death, A can be held liable for murder if A knew the grievous hurt could lead to death.
Example
- Example 1: A encourages B to set fire to a building to destroy property. B, while acting on A’s encouragement, accidentally sets a fire that leads to a person’s death. If A knew that the fire could potentially cause death, A could be held liable for that death under BNS Section 53.
- Example 2: A persuades B to injure C with the intent of causing serious harm. B’s actions result in C’s death instead of just serious harm. If A was aware that the injury could lead to death, A is liable for murder as if they intended the death.
Summary
BNS Section 53 ensures that an abettor is held liable for the actual effect of their abetment, even if it differs from the intended effect, provided they were aware of the potential for the different outcome. This means an abettor can be punished as if they intended the actual result if they knew the act could cause it.
