Bharatiya Nyaya Sanhita, 2023
BNS Section 53
Liability of abettor for an effect caused by act abetted different from that intended by abettor
In one line
BNS Section 53 deals with liability of abettor for an effect caused by act abetted different from that intended by abettor and replaces IPC 113.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 53 | Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor. | Same as for offence committed. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 53
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.
Frequently asked
What was BNS Section 53 in the IPC?
BNS Section 53 (Liability of abettor for an effect caused by act abetted different from that intended by abettor) replaces Section 113 of the Indian Penal Code, 1860. IPC 113 is now BNS 53.
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Nearby BNS sections
- BNS 48 — Abetment outside India for offence in India
- BNS 49 — Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
- BNS 50 — Punishment of abetment if person abetted does act with different intention from that of abettor
- BNS 51 — Liability of abettor when one act abetted and different act done
- BNS 52 — Abettor when liable to cumulative punishment for act abetted and for act done
- BNS 54 — Abettor present when offence is committed
- BNS 55 — Abetment of offence punishable with death or imprisonment for life
- BNS 56 — Abetment of offence punishable with imprisonment
- BNS 57 — Abetting commission of offence by public or by more than ten persons
- BNS 58 — Concealing design to commit offence punishable with death or imprisonment for life