This section covers liability of abettor when act abettor different from intended in the Bharatiya Nyaya Sanhita (BNS 2003).
Liability of abettor for an effect caused by act abetted different from that intended by abettor. 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.
Illustration. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, 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.
What was the old IPC code for Section 53 of BNS 2023?
In the Indian Penal Code, liability of abettor when act abettor different from intended was covered in S. 113.