113. Liability of abettor for an effect caused by the act abetted different from that
intended by the abettor: When an act is abetted with the intention on the part
of the abettor of causing a particular effect and an act for which the abettor is liable in
consequence of the abetment, causes a different effect from that intended by the abettor,
the abettor is liable for the effect caused, in the same manner and to the same extent as if
he had abetted the act with the intention of causing that effect, provided he knew that the
act abetted was likely to cause that effect.
Illustration
A instigates B to cause grievous hurt to Z B, In consequence of the instigation, causes
grievous hurt to Z. 2 dies in consequence. Here, if A knew that the grievous hurt abetted
was likely to cause death, A is liable to be punished with the punishment provided for
murder.
114. Abettor present when offence is committed : Whenever any person, who if absent
would be liable to be punished as an abettor, is present when the act or offence for which
he would be punishable in consequence of the abetment is committed, he shall be
deemed to have committed such act or offence.
115. Abetment of offence punishable with death or imprisonment for life If offence
not committed : Whoever abets the commission of an offence punishable with death or
imprisonment for life, shall, if that offence be not committed in consequence of the
abetment, and no express provision is made by this Code for the punishment of such
abetment be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
If act causing harm be done in consequence: And if any act for which the abettor is
liable in consequence of the abetment, and which cause hurt to any person, is done, the
abettor shall be liable to imprisonment of either description for a term which may extend to
fourteen years, and shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would
have been subject to the punishment of death or transportation for fife. Therefore A is
labile to imprisonment for a term which may extend to seven years and also to a tine; and
if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment
for a term which may extend to fourteen years, and to fine.
116. Abetment of offence punishable with imprisonment-if offence be not
committed: Whoever abets an offence punishable with imprisonment shall, if that offence
be not committed in consequence of the abetment, and no express provision is made by
this Code for the punishment of such abetment, be punished with imprisonment of any
description provided for that offence for a term which may extend to one-fourth part of the.
longest term provided for that offence; or with such fine as is provided for that offence; or
with both.