Section 51 of BNS 2023: Liability for Different Acts Resulting from Abetment
Overview
Section 51 of BNS 2023 outlines the liability of an abettor when a different act is committed than the one abetted, provided the act done was a probable consequence of the abetment. This ensures that abettors are held accountable for the outcomes of their instigations, even if the exact act abetted was not performed.
Punishment
- Liability for the Act Done: The abettor is punished for the act that was actually committed, as long as it was a probable consequence of the abetment.
Key Elements
- Different Act Done: The act committed is different from the one abetted.
- Probable Consequence: The committed act must be a probable consequence of the abetment.
- Influence of Abetment: The act must have been committed under the influence of the instigation or in pursuance of the conspiracy which constituted the abetment.
Examples
- Mistaken Poisoning: A person instigates a child to poison Z, but the child mistakenly poisons Y instead. If the child acted under the influence of the instigation, the abettor is liable for the poisoning of Y.
- Arson and Theft: A person instigates another to burn a house, and during the act, the instigator commits theft. The instigator is only liable for the arson, not the theft, as the theft was not a probable consequence of the abetment.
- Robbery and Murder: A person instigates two others to rob a house, providing them with arms. During the robbery, the instigated parties commit murder. If the murder was a probable consequence of the abetment, the abettor is liable for murder.
Legislative Intent
The legislative intent behind Section 51 of BNS 2023 is to ensure that abettors are held accountable for the consequences of their instigations. By addressing different acts that may arise from abetment, the law aims to provide comprehensive justice and deter abettors from instigating criminal acts.
Conclusion
Section 51 of BNS 2023 is crucial for ensuring that abettors are held responsible for the actual outcomes of their instigations. By defining liability for different acts resulting from abetment, the section promotes justice and accountability.