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 originally abetted. This provision ensures that individuals who instigate, aid, or conspire to commit a crime are held accountable, even if the actual offense committed is not exactly as intended, provided certain conditions are met.
๐ Text of Section 51
"When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment."
โ๏ธ Key Provisions
Liability of Abettor: An abettor is held liable for the act actually committed, even if it differs from the act they intended to abet.
Probable Consequence: The act committed must be a probable consequence of the abetment.
Influence of Abetment: The act must have been committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy that constituted the abetment.(
๐งพ Illustrations
Poisoning Incident: A instigates a child to poison food intended for Z. The child, under A's influence, mistakenly poisons food intended for Y instead. If this act was a probable consequence of A's instigation, A is liable as if they had directly abetted poisoning Y's food
Arson and Theft: A instigates B to burn Z's house. B sets fire to the house and simultaneously commits theft. A is guilty of abetting the arson but not the theft, as the theft was a distinct act and not a probable consequence of the arson.
Robbery and Murder: A instigates B and C to break into an inhabited house at midnight for robbery, providing them with arms. B and C break in, and during a confrontation, murder Z. If the murder was a probable consequence of A's instigation, A is liable for murder.
โ๏ธ Legal Context
Section 51 of the BNS, 2023, corresponds to Section 111 of the Indian Penal Code (IPC), 1860, which similarly holds an abettor liable for the act actually committed if it is a probable consequence of the abetment. The BNS retains this principle, ensuring that abettors are held accountable for the outcomes of their instigation, assistance, or conspiracy
๐ Importance
This provision ensures that individuals who encourage, assist, or conspire to commit a crime are held accountable for the actual offense committed, even if it differs from their original intent. It emphasizes the principle that an abettor's liability is not limited to the specific act they intended to abet but extends to any act that is a probable consequence of their abetment.
In summary, Section 51 of the BNS, 2023, reinforces the accountability of abettors by holding them liable for the actual act committed if it is a probable consequence of their abetment, ensuring justice is served even when the specific act differs from the one originally intended.
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