BNS Section 53- Liability of abettor for an effect caused by act abetted different from that intended by abettor | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 53 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
Liability of abettor for an effect caused by act abetted different from that intended by 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, 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.
Procedural Details
Punishment
Depends on original offence
Nature of Offense
Depends on original offence
Bail Eligibility
Depends on original offence
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Depends on original offence
Frequently Asked Questions about BNS Section 53
What is Section 53 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: Liability of abettor for an effect caused by act abetted different from that intended by 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, 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.
What is the punishment under BNS Section53 ?
The punishment for this specific offense is outlined under the new law as: Depends on original offence
Is BNS Section 53 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Depends on original offenceoffense.
Is BNS Section 53 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Which court has the jurisdiction to try cases under BNS Section 53 ?
Cases pertaining to this specific BNS section are triable by the Depends on original offence.
Can BNS Section 53 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.