Section 51 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 51 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the liability of an abettor when the act committed differs from the one they intended to abet. It establishes that the abettor is liable for the act actually committed, provided certain conditions are met.
Key Provisions of Section 51
Liability for the Act Committed: An abettor is held accountable for the act that is actually committed, in the same manner and to the same extent as if they had directly abetted it.
Conditions for Liability:
The act done must be a probable consequence of the abetment.
The act must have been committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
Illustrations
Poisoning Incident:
A instigates a child to poison the food of Z.
The child, acting under A's influence, mistakenly poisons the food of Y instead.
Since the act was a probable consequence of A's instigation, A is liable as if they had directly instigated the poisoning of Y.
Burning and Theft:
A instigates B to burn Z's house.
B sets fire to the house and simultaneously commits theft.
A is not liable for the theft, as it was a distinct act and not a probable consequence of the burning.
Robbery Leading to Murder:
A instigates B and C to break into a house for robbery, providing them with arms.
B and C break in and, in the process, murder Z.
If the murder was a probable consequence of the abetment, A is liable for the murder as well.
These provisions align with Section 111 of the Indian Penal Code (IPC), which similarly holds an abettor liable for the act committed if it was a probable consequence of their abetment.
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