Abettor when liable to cumulative punishment for act abetted and for act done
Chapter 4: Abetment, criminal conspiracy and attempt
If 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.
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 49Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishmentIPC 109
- 50Punishment of abetment if person abetted does act with different intention from that of abettorIPC 110
- 51Liability of abettor when one act abetted and different act doneIPC 111
- 53Liability of abettor for an effect caused by act abetted different from that intended by abettorIPC 113
- 54Abettor present when offence is committedIPC 114
- 55Abetment of offence punishable with death or imprisonment for lifeIPC 115