Liability of abettor when one act abetted and different act done
Section 51 of the Bharatiya Nyaya Sanhita, 2023 deals with liability of abettor when one act abetted and different act done. When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or The Act came into force on 01 Jul 2024.
When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it:
Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
llustrations.
(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y.
(b) A instigates B to burn Z’s house, B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.
Section 51, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 111 Liability of abettor when one act abetted and different act done Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso. | Same as for offence intended to be abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nirma Patel vs State of U.p.
Decided under Indian Penal Code 111, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A writ petition seeking quashing of an FIR becomes infructuous when the prosecution files a charge-sheet with substantially modified charges, including exoneration of some petitioners and deletion of original serious charges, thereby altering the legal foundation upon which the writ petition was based.
On this section: Liability of abettor when act is committed in consequence of abetment - added in charge-sheet
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 51
What have the courts held on Section 51 of the Bharatiya Nyaya Sanhita?
Nirma Patel vs State of U.p. (25 Jul 2023) is the leading judgment on this section among those set out below, though it was decided under IPC 111, which this section replaced -- the court never mentioned this Act: Liability of abettor when act is committed in consequence of abetment - added in charge-sheet.
Is Section 51 of the Bharatiya Nyaya Sanhita bailable?
According as offence abetted is bailable or non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 51 of the Bharatiya Nyaya Sanhita cognizable?
According as offence abetted is cognizable or non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court by which offence abetted is triable.
How do I find court cases under Section 51 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 51, section 51 BNS, section 51 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 51 52 53. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nirma Patel vs State of U.p. (25 Jul 2023).
What should I read with Section 51 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 111 (Liability of abettor when one act abetted and different act done), so the judgments decided under that provision are the case law on this one.
When did Section 51 of the Bharatiya Nyaya Sanhita come into force?
Section 51 of the Bharatiya Nyaya Sanhita, cited as BNS 51, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.