Section 51 provides that if a person abets a particular act, but a different act is committed instead, the abettor may still be held criminally liable for the act actually done — but only if that act was a probable consequence of the abetment and occurred under the influence of the instigation, aid, or conspiracy provided by the abettor.
Key Provisions:
- If a different act is done than the one abetted, the abettor is still liable if:
- The act done was a probable result of the original abetment.
- It was committed under the influence of instigation, conspiracy, or aid given.
- The abettor will be punished as if they had abetted the actual act that occurred.
How It Protects:
- Prevents abettors from escaping liability when their instigation leads to unintended but foreseeable outcomes.
- Recognizes that criminal responsibility extends beyond technical intent to include probable consequences.
- Encourages accountability for instigating dangerous acts, even when outcomes vary slightly.
Examples:
(a) A gives poison to a child and instructs him to poison Z’s food.
The child mistakenly poisons Y’s food instead.
Since the act was a probable consequence, A is liable for poisoning Y.
(b) A instigates B to burn Z’s house.
B burns the house and also steals valuables from it.
A is not liable for the theft, as it was not a probable result of his instigation.
(c) A instigates B and C to rob a house and gives them weapons.
B and C enter the house and kill Z when resisted.
If murder was a foreseeable outcome, A is liable for murder.