Section 53 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Liability of
abettor for an
effect caused
by act abetted
different from
that intended
by abettor.

  1. 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 with the
    intention of causing that effect, provided he knew that the act abetted was likely to cause
    that effect.
    Illustration.
    A instigates B to cause grievous hurt to Z. B, in consequence of the instigation,
    causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt
    abetted was likely to cause death, A is liable to be punished with the punishment provided
    for murder.