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Under section 51 of the Bharatiya Nyaya Sanhita, 2023, one act is abetted and a different act is done…

Section 51 requires both that the different act be a probable consequence of the abetment and that it be committed under the influence of the instigation, with the aid, or…

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Under section 51 of the Bharatiya Nyaya Sanhita, 2023, one act is abetted and a different act is done through the instigation, aid or conspiracy constituting the abetment. What further condition must be met for the abettor to be liable for the different act as if they had directly abetted it?

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Answer and explanation

Correct answer A

Section 51 requires both that the different act be a probable consequence of the abetment and that it be committed under the influence of the instigation, with the aid, or in pursuance of the conspiracy constituting the abetment. Section 51 corresponds to section 111 of the Indian Penal Code, 1860. Section 49 of the Bharatiya Nyaya Sanhita, 2023 concerns punishment when the act abetted itself is committed in consequence and the Sanhita makes no express provision for punishment of that abetment.

Option feedback

Option A

The proviso to section 51 requires that the different act be a probable consequence of the abetment.

Option B

Section 51 requires a probable consequence of the abetment and the specified link to the instigation, aid or conspiracy.

Option C

Section 51 does not require the abettor to carry out the different act personally.

Option D

The statutory conditions concern the different act's connection to the abetment and its probability as a consequence.

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