Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
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Summary
If someone abets an act intending a particular harm but the act causes a different harm, the abettor can be held liable for that different harm. This applies only if the abettor knew the abetted act was likely to cause the different effect. Liability is the same as if they had intended that second effect.
Example
Ravi persuades Aditya to assault a neighbour to cause grievous hurt. Aditya, acting on Ravi's instigation, inflicts injuries that lead to the neighbour's death. If Ravi knew the planned assault was likely to cause death, he can be held 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.
Illustrations
(1) 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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