Punishment of abetment if person abetted does act with different intention from that of abettor
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Summary
If a person abets an offence but the person abetted acts with a different intention or knowledge, the abettor is punished for the offence that would have been committed if the act had been done with the abettor's own intention or knowledge. The abettor is not punished for any other offence arising from the doer's different intention.
Example
Ravi asks Priya to take confidential office papers to help prepare a report because he intends research use. Priya instead sells the papers for profit, showing a different intention. Ravi will be punished for the offence that would have occurred under his intention, not for the separate offence Priya actually committed.
Bare Act
Enacted textWhoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
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