Section 53 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 53 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the liability of an abettor when the act they abetted results in an unintended effect. This provision ensures that an abettor is held responsible for the actual outcome of the abetted act, even if it differs from what was originally intended, provided they were aware that such an outcome was likely.
📜 Section 53: Liability of Abettor for an Effect Caused by Act Abetted Different from That Intended by Abettor
Text of Section 53:
"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."
⚖️ Explanation and Application
Intention vs. Outcome: If an abettor intends to cause a specific effect through abetment, but the act results in a different effect, the abettor is still liable for the actual effect caused, as long as they knew that such an outcome was likely.
Knowledge of Likely Consequence: The key factor is the abettor's knowledge that the act they abetted was likely to cause the unintended effect. If they were aware of this possibility, they are held accountable for the actual consequence.
📌 Illustration
Scenario: A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z, leading to Z's death.
Liability: 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.
🧭 Legal Significance
Accountability: This section ensures that individuals who instigate or assist in the commission of a crime are held fully accountable for the outcomes of their actions, even if those outcomes exceed what was originally intended.
Foreseeability: It emphasizes the importance of the abettor's awareness of the potential consequences of the act they are encouraging or facilitating.
🔍 Comparison with Indian Penal Code (IPC)
IPC Section 113: The equivalent provision in the IPC is Section 113, which similarly holds an abettor liable for the actual effect caused by the act they abetted, even if it differs from the intended effect, provided they knew that such an outcome was likely.
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