Asked March 01, 2017

Abetment liability

  • 1 Answer

What if a different effect is caused other than planned in case of abetment then what is the extent of liability?

Answer 1

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As per section 113 of IPC if a different effect is caused other than the act abetted then the liability is to the extent of act abetted. However if the different effect caused is a probable one then for it as well liability is stretched.

Section 113 in The Indian Penal Code

113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor.—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, caused 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.

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