Penal Code
2008 Ed.
CAP. 224
62
hurt, B is liable to punishment for both these offences; and if A knew that B was
likely voluntarily to cause grievous hurt in resisting the distress, A will also be
liable to punishment for each of the offences.
[Indian PC 1860, s. 112]
Liability of abettor for an offence caused by the act abetted
different from that intended by the abettor
113. 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.
[Indian PC 1860, s. 113]
Abettor present when offence committed
114. Whenever any person who, if absent, would be liable to be
punished as an abettor, is present when the act or offence for which he
would be punishable in consequence of the abetment is committed, he
shall be deemed to have committed such act or offence.
[Indian PC 1860, s. 114]
Abetment of an offence punishable with death or imprisonment
for life
115. Whoever abets the commission of an offence punishable with
death or imprisonment for life, shall, if that offence is not committed
in consequence of the abetment, and no express provision is made by
this Code for the punishment of such abetment, be punished with
imprisonment for a term which may extend to 7 years, and shall also
be liable to fine; and if any act for which the abettor is liable in
consequence of the abetment, and which causes hurt to any person, is
Informal Consolidation – version in force from 1/4/2015
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