BNS Section 51: Liability of Abettor When One Act Abetted and Different Act Done

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 BNS Section 51

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.

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