Section 52 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 52 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the liability of an abettor when the act abetted leads to a distinct offence in addition to the act originally intended.
📜 Section 52: Abettor When Liable to Cumulative Punishment for Act Abetted and for Act Done
If the act for which the abettor is liable under Section 51 is committed in addition to the act abetted, and constitutes 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.
This provision ensures that an abettor can be held accountable not only for the offence they intended to abet but also for any additional distinct offences that occur as a result of the act abetted, provided they were aware of the likelihood of such outcomes.
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