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Under section 51 of the Bharatiya Nyaya Sanhita, 2023, when someone abets one act and a different act…

Section 51 makes the abettor liable for the different act as if they had directly abetted it if it was a probable consequence of the abetment and was done under the…

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Under section 51 of the Bharatiya Nyaya Sanhita, 2023, when someone abets one act and a different act is done, when is the abettor liable as if they had directly abetted the act done?

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Answer and explanation

Correct answer B

Section 51 makes the abettor liable for the different act as if they had directly abetted it if it was a probable consequence of the abetment and was done under the influence of the instigation, with the aid, or in pursuance of the conspiracy constituting the abetment. Section 54 separately addresses an abettor who is present when the act or offence is committed.

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Option A

Incorrect. Section 51 concerns a probable consequence of the abetment that is committed under its influence, with its aid or in pursuance of its conspiracy.

Option B

Correct. Under the Proviso to Section 51 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 111 IPC), 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 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.

Option C

Incorrect. If the different act done was not a probable consequence of the abetment, the abettor is not liable for that different act under Section 51 BNS.

Option D

Incorrect. Presence is dealt with separately under section 54. Section 51 requires both a probable consequence and the statutory link to the abetment.

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