Abettor when liable to cumulative punishment for act abetted and for act done
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Summary
When a person instigates another to commit an act and the other, in doing it, also commits a separate offence, the instigator can be punished for each offence. This applies when the additional act is a distinct offence and the instigator knew or ought to have foreseen it. The abettor faces cumulative punishment for both offences.
Example
Ravi tells Karan to resist an eviction by a municipal officer. Karan resists and in the scuffle causes grievous hurt to the officer. Karan is liable for both resisting the distress and for voluntarily causing grievous hurt; if Ravi knew Karan was likely to cause grievous hurt, Ravi is also liable for both offences.
Bare Act
Enacted textIf the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences.
Illustrations
(1) 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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