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"
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"
111 IPC Liability of abettor when one act abetted and different act done
112 IPC Abettor when liable to cumulative punishment for act abetted and for act done
114 IPC Abettor present when offence is committed
115 IPC Abetment of offence punishable with death or imprisonment for life"-if offence not committed
116 IPC Abetment of offence punishable with imprisonment-if offence be not committed
117 IPC Abetting commission of offence by the public or by more than ten persons
118 IPC Concealing design to commit offence punishable with death or imprisonment for life
119 IPC Public servant concealing design to commit offence which it is his duty to prevent
120 IPC Concealing design to commit offence punishable with imprisonment