Section 53 of BNS 2023: Liability for Different Effects Resulting from Abetment
Overview
Section 53 of BNS 2023 addresses the liability of an abettor when the act committed causes a different effect from what was intended by the abettor. If the abettor knew that the act abetted was likely to cause the unintended effect, they are liable for the effect caused.
Punishment
- Liability for Unintended Effects: The abettor is punished for the effect caused, as if they had intended to cause that effect, provided they knew it was likely to occur.
Key Elements
- Different Effect: The act committed causes a different effect from what the abettor intended.
- Knowledge of Likelihood: The abettor knew that the act abetted was likely to cause the unintended effect.
- Intent to Cause a Particular Effect: The abettor had an initial intention to cause a specific effect.
Examples
- Grievous Hurt Leading to Death: A instigates B to cause grievous hurt to Z. B causes grievous hurt, but Z dies as a result. If A knew that the grievous hurt was likely to cause death, A is liable for murder.
- Arson Leading to Death: A person instigates another to commit arson on an empty building. The fire unintentionally spreads to a neighboring occupied building, causing deaths. If the instigator knew the fire could spread and cause deaths, they are liable for the resulting deaths.
- Robbery Leading to Severe Injury: A person aids another in committing robbery, intending only to steal. During the robbery, the victim resists and suffers severe injuries. If the aider knew the robbery could lead to such injuries, they are liable for the injuries caused.
Legislative Intent
The legislative intent behind Section 53 of BNS 2023 is to ensure that abettors are held accountable for all potential consequences of their actions, even if the actual effect differs from their original intention. By addressing the knowledge of likely outcomes, the law aims to promote justice and deter negligent or reckless abetment.
Conclusion
Section 53 of BNS 2023 is essential for ensuring that abettors are held responsible for different effects resulting from their instigation or aid. By defining liability for unintended consequences, the section promotes comprehensive accountability and justice.