Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
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Summary
When someone abets an act intending a particular result but the act produces a different result, the abettor is still liable for the actual result if they knew it was a likely consequence. The abettor’s liability, including punishment, is the same as if they had intended that actual result.
Example
Rohan urges Karan to beat Aditya so that Aditya suffers grievous hurt. Karan, acting on the instigation, inflicts grievous hurt and Aditya later dies. If Rohan knew that such grievous hurt was likely to cause death, Rohan is liable for murder.
Bare Act
Enacted textWhen 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.
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