BNS Section 51: Liability of Abettor When One Act Abetted and Different Act Done
Section 51 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – abetment, criminal Conspiracy And Attempt Of Abetment. It outlines the liability of an abettor when the act that was actually committed differs from the one originally abetted. This section ensures that the abettor is held accountable even if the outcome of the crime is not exactly as intended, as long as the act that was carried out is a natural consequence of the abetment.
The provision aims to ensure that those who instigate, assist, or encourage a crime are not exempt from liability if the perpetrator commits a different act than originally planned, as long as it remains connected to the abetted crime. This serves to reinforce the responsibility of the abettor and ensure justice is served, regardless of any variations in the specific act committed.
Definition of BNS Section 51
Section 51 of the Bharatiya nyay sanhitha BNS 2023 States:
When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
Explanation and Illustration of Section 51 (Bharatiya Nyaya Sanhita, 2023)
Illustrations:
(a) A encourages a child to put poison in Z’s food, providing the poison for this purpose. The child, acting on A’s encouragement, mistakenly puts the poison in Y’s food, which is next to Z’s. If the child’s actions were influenced by A’s instigation, and the outcome was a likely result of the encouragement, A is liable in the same way and to the same extent as if he had directed the child to poison Y’s food.
(b) A incites B to burn Z’s house. B sets fire to the house and simultaneously commits theft of property. While A is guilty of encouraging the arson, he is not guilty of abetting the theft, as the theft was a separate act and not a likely consequence of the fire.
(c) A instigates B and C to break into an occupied house at midnight for robbery, providing them with weapons for the task. B and C break in, and when Z, one of the inhabitants, resists, they murder him. If the murder was a likely consequence of A’s instigation, A is liable for the punishment prescribed for murder.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 51
Abetment and the Commission of a Different Act
1. Section 51 Overview:
Section 51 addresses situations where an abettor instigates or aids in the commission of one act, but a different act is carried out by the person abetted. In such cases:
2. Conditions for Abettor’s Liability:
For the abettor to be held responsible for the different act:
3. Illustrations:
(a) A gives poison to a child and encourages the child to poison Z's food. However, the child mistakenly puts the poison in Y’s food (who is sitting next to Z). Since the child acted under A’s instigation and the poisoning of Y was a probable consequence of A’s actions, A is held responsible for Y's poisoning as though A directly instigated it.
(b) A incites B to burn Z’s house. While setting the house on fire, B also steals property from the house. A is guilty of abetting arson but not theft, as the theft was a separate act and not a probable consequence of the abetment to commit arson.
Differences Between Section 51 of BNS 2023 and its equivalent IPC section
This section outlines the key differences between Section 51 and its equivalent Indian penal code IPC section 111 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 51 | Liability of abettor when one act abetted and different act done. | 111 | No change |
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FAQs about Section 51 of the Bharatiya Nyay Sanhita (BNS)
What is the main focus of Section 51 of the Bharatiya Nyaya Sanhita?
Section 51 focuses on the liability of an abettor when the act they encouraged or assisted differs from the act actually committed by the principal offender. It establishes that the abettor can still be held accountable for the consequences of the act committed, regardless of their original intent.
How does Section 51 determine the liability of an abettor?
The liability of an abettor under Section 51 is determined by the relationship between the act they abetted and the actual act committed. If the act committed is a natural consequence of the abettor's encouragement, the abettor can be held responsible, even if the specific act differs from what was intended.
Can an abettor be punished if the act committed is more serious than what they intended?
Yes, an abettor can be punished if the act committed is more serious than what they originally intended. Section 51 allows for the abettor's liability to extend to the actual act performed, provided there is a direct link between the abetment and the resulting act.
What types of offenses does Section 51 apply to?
Section 51 applies to all types of offenses under Indian law. This includes a wide range of criminal activities, such as theft, assault, or any unlawful conduct where one person encourages or assists another in committing an act that may differ from their intentions.
Are there any significant cases that illustrate the application of Section 51?
Yes, several cases, such as Kalyan Chatterjee v. State of West Bengal (2004) and Jagdish Prasad v. State of U.P. (2002), illustrate the principles of Section 51. These cases demonstrate how courts assess the liability of abettors when the acts committed differ from what was abetted, emphasizing the importance of the actual outcome in determining culpability and punishment.
