Indian Penal Code
IPC 113 is now BNS 53.
Liability of abettor for an effect caused by the act abetted different from that intended by the 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