Liability of abettor for an effect caused by act abetted different from that intended by abettor
Section 53 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 The Act came into force on 01 Jul 2024.
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.
Section 53, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 113 Liability of abettor for an effect caused by the act abetted different from that intended by the abettor Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
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 an effect is caused by the act abetted different from that intended by the abettor. | Same as for offence committed. | 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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Kuldeep Kaur vs State of Uttarakhand
Decided under Indian Penal Code 113, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the trial and appellate courts have acquitted the accused of charges under Sections 304B and 498A IPC (dowry harassment and dowry death), based on the finding that there was no demand of dowry or cruelty committed in connection with dowry, a conviction under Section 306 IPC (abetment of suicide) cannot be sustained against the same accused based on the same set of facts without direct, specific, and cogent evidence establishing a reasonable nexus between the alleged cruelty by the accused and the suicide. Mere presumptions, general allegations, or inferences drawn from isolated diary entries cannot substitute for concrete evidence demonstrating that the specific actions of the accused directly led to the suicide.
On this section: Presumption clause in dowry death cases; Court noted that trial court did not invoke this presumption as it found no dowry demand or cruelty, thereby distinguishing between acquittal on substantive dowry charges and potential conviction on Section 306.
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 53
What have the courts held on Section 53 of the Bharatiya Nyaya Sanhita?
Kuldeep Kaur vs State of Uttarakhand (17 Oct 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 113, which this section replaced -- the court never mentioned this Act: Presumption clause in dowry death cases; Court noted that trial court did not invoke this presumption as it found no dowry demand or cruelty, thereby distinguishing between acquittal on substantive dowry charges and potential conviction on Section 306.
Is Section 53 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 53 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 53 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 53, section 53 BNS, section 53 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 53 3 in hindi and bnss 53 section. 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 Kuldeep Kaur vs State of Uttarakhand (17 Oct 2014).
What should I read with Section 53 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 113 (Liability of abettor for an effect caused by the act abetted different from that intended by the abettor), so the judgments decided under that provision are the case law on this one.
When did Section 53 of the Bharatiya Nyaya Sanhita come into force?
Section 53 of the Bharatiya Nyaya Sanhita, cited as BNS 53, 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.