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IPC Section 113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Indian Penal Code 1860
Act Number Enactment Date Chapter Number
45 06.10.1860 5
Chapter Title Sub-Chapter Legislated by
Of Abetment - Parliament of India

When 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, cause 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.

Offence Description Punishment provided Cognizable/Non-Cognizable
Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor.     Same as for offence committed. According as offence abetted is cognisable or non-cognisable
Bailable/Non-Bailable Trial Court Details Compoundable/Non-Compoundable
According as offence abetted is bailable or non-bailable Court by which offence abetted is triable Non-Compoundable
Compoundable by Whom Concerned Ministry Concerned Department
Non-Compoundable Ministry of Home Affairs Department of Internal Security
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