Section 53 BNS: Liability Of Abettor For An Effect Caused By Act Abetted Different From That Intended By Abettor

Table of Contents

Section 53 BNS | BNS 53 | BNS Section 53

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.

READ OTHER SECTIONS OF CHAPTER IV — OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

Section No.	Section Title
	Of Abetment
45	Abetment of a thing.
46	Abettor.
47	Abetment in India of offences outside India.
48	Abetment outside India for offence in India.
49	Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.
50	Punishment of abetment if person abetted does act with different intention from that of abettor.
51	Liability of abettor when one act abetted and different act done.
52	Abettor when liable to cumulative punishment for act abetted and for act done.
53	Liability of abettor for an effect caused by act abetted different from that intended by abettor.
54	Abettor present when offence is committed.
55	Abetment of offence punishable with death or imprisonment for life.
56	Abetment of offence punishable with imprisonment.
57	Abetting commission of offence by public or by more than ten persons.
58	Concealing design to commit offence punishable with death or imprisonment for life.
59	Public servant concealing design to commit offence which it is his duty to prevent.
60	Concealing design to commit offence punishable with imprisonment.
	Of Criminal Conspiracy
61	Criminal conspiracy.
	Of Attempt
62	Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.

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FAQs of BNS Section 53

53 BNS punishment and fine

Punishment and fine under Section 53 of the BNS: Same as for offence
committed.
53 BNS cognizable or not

According as offence abetted is cognizable or non-cognizable.
53 BNS bailable or not

According as offence abetted is bailable or non-bailable.
53 BNS trial court

Court by which offence abetted is triable.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).