Indian Penal Code, 1860
Section 113
repealedLiability 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.
Why this exists
The Indian Penal Code's abetment provisions (Sections 107-120) were drafted to ensure that people who instigate, help, or conspire in crimes are held responsible not just for the crime as they imagined it, but for its realistic consequences. Section 113 extends the logic of Section 111 (liability for a 'probable consequence' of the abetted act) to situations where the actual effect differs from what the abettor intended. The drafters wanted to prevent abettors from escaping liability merely by claiming 'I meant something else to happen' when they were actually aware that the alternate, more serious outcome was a foreseeable risk.
How courts read it
Courts have read Section 113 alongside Section 111, emphasizing that mere possibility is not enough — the prosecution must show the abettor had actual knowledge that the different effect was a likely consequence of the abetted act, not just that it was conceivable. This knowledge requirement distinguishes Section 113 from stricter vicarious liability; it keeps the abettor's culpability tied to their own foresight rather than pure chance. Indian courts have applied this in cases where, for instance, an abettor encouraged a beating intending only injury, but death resulted, examining whether the abettor knew death was a likely outcome of the encouraged act.
Common misconceptions
- Myth: The abettor is only liable for the exact harm they intended, not anything else.
Fact: Section 113 makes clear that if the abettor knew a different, more serious effect was a likely result, they are liable for that actual effect too. - Myth: Any unexpected consequence makes the abettor liable, even a freak accident.
Fact: Liability under Section 113 requires proof that the abettor actually knew the different effect was a likely consequence, not just that it happened to occur.