BNS Section 53: Legal Liability When an Abetted Act Causes an Unintended Effect
If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute 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.
1. Different Effect from the Act Abetted:
Section 53 applies when an abettor intends to cause a specific effect through abetment, but the act results in a different effect than intended.
The abettor is still liable for the different effect, as long as they knew that such an outcome was likely.
2. Liability Based on Knowledge of Likely Consequences:
The abettor will be punished for the actual outcome if they had knowledge that the abetted act could result in that different effect.
This section holds the abettor responsible even if the consequence goes beyond what they originally intended, provided they could foresee it.
3. Example:
If A instigates B to cause grievous hurt to Z, but Z dies due to the injuries, A is liable for murder if A knew that grievous hurt could likely result in death.
4. Important Definitions:
Abettor: The person who encourages or helps another to commit a crime.
Intended Effect: The specific result that the abettor wanted or foresaw when they encouraged the crime.
Different Effect: An outcome of the abetted act that differs from what the abettor originally intended.
Knowledge: The awareness or understanding that an act is likely to result in a particular outcome.
Grievous Hurt: A legal term used for serious injuries, which can lead to severe consequences, such as death.
5. Key Takeaways:
Responsibility for Outcome: The abettor is held responsible for the actual outcome, even if it differs from the intended effect, as long as the outcome was foreseeable.
Foreseeability is Key: The abettor’s liability for the unintended result depends on whether they could reasonably foresee that the act abetted might lead to the different, more serious consequence.
This ensures that abettors are held accountable for the full consequences of their actions, even if the outcomes exceed their original intentions.
Offence : Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor.
Punishment : Same as for offence committed.
Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.
Bailable or Non-bailable : According as offence abetted is bailable or non-bailable.
By what Court triable : Court by which offence abetted is triable.
