IPC 111 — Liability of abettor when one act abetted and different act done

Indian Penal Code, 1860

Statutory text

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:
Proviso.
Proviso.--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.
Illustrations

(a) A  instigates a  child to  put poison into the food of Z, and gives him  poison for  that purpose.  The child, in consequence of the instigation, by  mistake puts  the poison into the food of Y, which is by the  side of  that of  Z. Here  if the  child was  acting under the influence  of  A's  instigation,  and  the  act  done  was  under  the circumstances a  probable consequence  of the abetment, A is liable in the same  manner and  to the  same extent  as if he had instigated the child to put the poison into the food of Y.
(b) A  instigates B  to burn  Z's house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting  the burning  of the  house, is not guilty of abetting the theft;  for  the  theft  was  a  distinct  act,  and  not  a  probable consequence of the burning.
(c) A  instigates B  and C  to break  into an  inhabited house at midnight for  the purpose  of robbery, and provides them with arms for that 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 probable consequence of  the abetment,  A is  liable to the punishment provided for murder.

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