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A instigates a child to put poison into the food of Z and gives him poison for that purpose. In…

Section 51 of the BNS makes an abettor liable for a different act done by the person abetted "in the same manner and to the same extent as if he had directly abetted it", if…

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A instigates a child to put poison into the food of Z and gives him poison for that purpose. In consequence of the instigation, the child by mistake puts the poison into the food of Y, which is beside Z's food. The child was acting under the influence of A's instigation, and the act done was in the circumstances a probable consequence of the abetment. What is A's liability?

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Correct answer D

Section 51 of the BNS makes an abettor liable for a different act done by the person abetted "in the same manner and to the same extent as if he had directly abetted it", if it was a probable consequence of the abetment and done under its influence. Its illustration is this case, so the child's mistake and A's lack of any design against Y do not lessen his liability.

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