Section 53 of the Bharatiya Nyaya Sanhita, 2023: Liability of an Abettor for Unintended Consequences
According to Section 53 of the Bharatiya Nyaya Sanhita (BNS), 2023, scenarios are addressed in which an individual (the abettor) promotes or aids another person to commit a given act with a particular planned purpose, but the conduct results in a different outcome, which is frequently more severe. In accordance with this clause, the abettor may nevertheless be held legally liable for the actual outcome, provided that specific requirements are satisfied.
Components of Section 53 That Are Significant
According to Section 53, if a person aids and abets an act with the intention of causing a particular effect (for example, causing grievous hurt), but the act leads to a different and more serious consequence (for example, death), then the abettor is liable for the actual result as if they had intended that result all along, provided that they knew that such a result was likely to occur. Citizens who are members of the Complaint Hub Community
Illustration to Make Section 53 More Understandable
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The following illustration is presented in the BNS for your consideration:
Instigated by A, B causes Z to suffer a great deal of pain. Z suffers a great deal of pain as a direct result of B’s actions leading up to the incident. Because of this, Z passes away. There is a possibility that A will be punished with the punishment that is provided for murder in this scenario if A knew that the grievous hurt that they helped to cause was likely to result in death.
In this scenario, A is not only guilty for abetting the terrible pain, but he is also responsible for the death of Z, as the death of Z was a likely outcome of being abetting the grievous hurt.
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• Comprehending the Concept of ‘Probable Consequence’
The word “probable consequence” refers to an outcome that is within the realm of what is considered to be a reasonable expectation as a result of the abetment. If the additional offense that was committed falls within the range of results that could have been anticipated as a result of the activities of the abettor, then the abettor may be held liable for that new offense as well.
Implications for the Law
persons who encourage or aid in criminal activity are not able to avoid liability under Section 53 just because the effect they anticipated was not the only consequence. This provision ensures that persons cannot escape liability. In doing so, it highlights the significance of foreseeability as well as the influence that the activities of the abettor have on the actual consequences.
Even when extra, more severe repercussions occur, Section 53 of the Bharatiya Nyaya Sanhita, 2023 plays a critical role in holding abettors accountable for the effects of their instigation or support. This is the case even when the additional consequences are more severe. For the purpose of ensuring that justice is carried out and that individuals are held accountable for the events that can be anticipated as a result of their activities, the law places an emphasis on the likely consequences and the influence of the actions of the abettor.
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