Section 52 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 52 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the liability of an abettor when the act committed by the person abetted results in an offence distinct from the one intended. This provision ensures that an abettor can be held accountable for the actual offence committed, even if it differs from the original plan, provided certain conditions are met.
📜 Section 52 — Abettor When Liable to Cumulative Punishment for Act Abetted and for Act Done
If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.(
Illustration:
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.
⚖️ Key Points
Cumulative Liability: An abettor can be held liable for both the offence they intended to abet and any additional distinct offence that results from the act
Knowledge of Likely Consequences: If the abettor knew that the act they instigated was likely to cause a different offence, they are liable for that offence as well.
Distinct Offence: The additional offence must be distinct from the one intended.
🆚 Comparison with Indian Penal Code (IPC)
Section 52 of the BNS, 2023, mirrors Section 112 of the Indian Penal Code (IPC), 1860, which also deals with the liability of an abettor when a different act is committed than the one abetted. Both provisions emphasize holding the abettor accountable for the actual offence committed, ensuring justice is served even when the outcome deviates from the original plan
🧭 Illustrative Example
Scenario: A encourages B to resist a public servant's distress. B, in the process, causes grievous hurt to the officer.
Application: B is liable for both resisting the distress and causing grievous hurt. A, knowing that B might cause such harm, is also liable for both offences.
This provision underscores the principle that an abettor's liability extends beyond the intended offence to encompass any distinct offence that results from the act, provided they had knowledge of the potential consequences
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