Bharatiya Nyaya Sanhita, 2023 · Section 53

BNS 53: earlier IPC 113

Section 53 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 113 of the Indian Penal Code, 1860. BNS 53 deals with liability of abettor for an effect caused by act abetted different from that intended by abettor. The Bharatiya Nyaya Sanhita came into force on 1 July 2024.

Bharatiya Nyaya Sanhita

BNS 53 was IPC 113.

Liability of abettor for an effect caused by act abetted different from that intended by abettor.

Carried over
Old wording kept in full
Old · IPC 1860 · Ch. V
s. 113
Liability of abettor for an effect caused by the act abetted different from that intended by the 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.
Text from the official India Code PDF
New · BNS 2023 · Ch. IV
s. 53
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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 113
CognizableAccording as offence abetted is cognizable or non-cognizable.
BailableAccording as offence abetted is bailable or non-bailable.
PunishmentSame as for offence committed.
Triable byCourt by which offence abetted is triable.
For an offence under the BNS, check the First Schedule of the BNSS.

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