Indian Penal Code,1860
Act No : 45
Section :
Liability of abettor when one act abetted and different act done.Proviso.
111. Liability of abettor when one act abetted and different actdone.--When an Act is abetted and a different act is done, the abettoris liable for the act done, in the same manner and to the same extentas if he had directly abetted it: Proviso.--Provided the act done was a probable consequence of theabetment, and was committed under the influence of the instigation, orwith the aid or in pursuance of the conspiracy which constituted theabetment. Illustrations (a) A instigates a child to put poison into the food of Z, andgives him poison for that purpose. The child, in consequence of theinstigation, by mistake puts the poison into the food of Y, which isby the side of that of Z. Here if the child was acting under theinfluence of A's instigation, and the act done was under thecircumstances a probable consequence of the abetment, A is liable inthe same manner and to the same extent as if he had instigated thechild to put the poison into the food of Y. (b) A instigates B to burn Z's house. B sets fire to the houseand at the same time commits theft of property there. A, though guiltyof abetting the burning of the house, is not guilty of abetting thetheft; for the theft was a distinct act, and not a probableconsequence of the burning. (c) A instigates B and C to break into an inhabited house atmidnight for the purpose of robbery, and provides them with arms forthat 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 probableconsequence of the abetment, A is liable to the punishment providedfor murder.
