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 committed results in an effect different from what was intended. This provision holds the abettor accountable for the actual outcome, provided they had knowledge that the act they abetted was likely to cause that effect.
Key Provisions of Section 53
Liability for Unintended Effects: If an abettor instigates or aids in the commission of an act with the intention of causing a specific effect, and the act results in a different effect, the abettor is still liable for the actual effect caused.
Knowledge of Likely Consequences: The abettor's liability extends to the unintended effect only if they knew that the act they abetted was likely to cause that effect.
Punishment: The abettor is subject to the same punishment as if they had intended the actual effect.(
Illustration
A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z, and Z dies as a result. 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 Implications
This section ensures that abettors are held accountable for the actual outcomes of the acts they encourage or assist, even if those outcomes differ from their original intentions. It emphasizes the importance of the abettor's knowledge of the potential consequences of the act.
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