Abettor when liable to cumulative punishment for act abetted and for act done
AI Assist
Summary
An abettor can be punished separately for the offence they incited and for any distinct offence the doer actually commits while carrying it out. This applies when the additional act is a separate crime committed in the course of the abetted act. If the abettor knew the doer was likely to commit the extra offence, the abettor is liable for each offence too.
Example
Arjun tells Ravi to resist a public servant seizing his goods. Ravi resists and in the struggle voluntarily causes grievous hurt to the officer. Ravi is punishable both for resisting the distress and for causing grievous hurt; if Arjun knew Ravi was likely to cause such hurt, Arjun is also punishable for both offences.
Bare Act
Enacted textIf the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous 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.
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