BNS Section 53: Liability of Abettor for an Effect Caused by Act Abetted Different From That Intended by Abettor
Section 53 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS –Abetment, Criminal Conspiracy, And Attempt Of Abetment. It addresses the liability of an abettor for an effect caused by the act they abetted, even if the result differs from what the abettor originally intended. This section ensures that an abettor is held responsible for the unintended consequences of the crime, as long as those effects are a direct result of the abetted act.
The provision aims to ensure that individuals who incite or assist in the commission of a crime are held accountable for all outcomes due to their involvement, even if those outcomes were not foreseen. It reinforces the principle that abetment carries full responsibility for any effects caused by the crime, ensuring justice for all consequences linked to the abetted act.
Definition of BNS Section 53
Section 53 of the Bharatiya Nyay Sanhitha BNS 2023 States:
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, 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 to cause that effect, provided he knew that the act abetted was likely to cause that effect.
Explanation and Illustration of Section 53 (Bharatiya Nyaya Sanhita, 2023)
A encourages B to inflict grievous hurt on Z. Following this encouragement, B causes grievous hurt to Z, leading to Z's death. If A was aware that the grievous hurt encouraged could likely result in death, A is liable to be punished with the penalty 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 Section 53
Different Effect from the Act Abetted:
Section 53 applies when an abettor intends to produce a specific outcome through their abetment, but the act leads to a different result than originally intended. In such cases, the abettor is still held responsible for the unintended effect if they were aware that such a consequence might arise.
Liability Based on Foreseeable Consequences:
An abettor is punishable for the actual outcome if they were aware that the abetted act could likely result in that effect. This provision ensures the abettor is held accountable even if the consequence exceeds their initial intent, as long as they could foresee the possibility.
Example:
If A instigates B to cause grievous hurt to Z, but Z dies from the injuries, A can be held liable for murder if A knows that causing grievous hurt could likely result in death.
Differences Between Section 53 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Sections 53 and and its equivalent Indian Penal Code (IPC Section 113), 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 |
|---|---|---|---|
| 53 | Liability of abettor for an effect caused by the act abetted different from that intended by the abettor. | 113 | No change. |
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FAQs about Section 53 of the Bharatiya Nyaya Sanhita (BNS)
Are medical professionals protected under Section 53?
Yes, actions by medical professionals performed in good faith to save lives or prevent harm, even if unsuccessful, may qualify for exemption under this section.
Does necessity justify actions under Section 53?
Yes, acts done out of necessity to prevent greater harm may be exempted, provided they are proportional and reasonable under the circumstances.
Can consent negate liability under Section 53?
Yes, in certain situations, acts done with the informed and voluntary consent of the victim may not constitute an offence under this section.
Does Section 53 cover insanity or mental incapacity?
Yes, acts committed by individuals who are proven to be mentally unsound or incapable of understanding their actions may be considered exceptions.
How does the mistake of fact relate to Section 53?
If a person acts under a genuine mistake of fact (not law) and without malicious intent, their actions may be exempted under this section.
Does Section 53 protect acts committed in emergencies?
Yes, actions taken in emergencies to avert immediate danger, if done in good faith, may qualify for protection under this section.
Who determines whether an act qualifies under Section 53?
The judiciary evaluates the facts, evidence, and intent behind the act to decide if it falls within the exceptions defined under this section.
