BNS Section 53: Liability of abettor for an effect caused by act abetted different from that intended by abettor
Bharatiya Nyaya Sanhita, 2023 · Chapter 4: Of Abetment, Criminal Conspiracy and Attempt
Also available in: हिंदी
¶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.
Study: explanations and related material
Replaces IPC 113. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)
Punishment, bail and trial
53Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor.
- Punishment
- Same as for offence committed.
- Cognizable or not
- According as offence abetted is cognizable or non-cognizable
- Bailable or not
- According as offence abetted is bailable or non-bailable
- Triable by
- Court by which offence abetted is triable
Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 158. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 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
- 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
- 61. Criminal conspiracy
- 62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment