Section 52 provides that if an abettor incites a person to commit an act, and in doing so the person also commits an additional distinct offence, the abettor may be punished for both the original act and the additional offence, provided the abettor was aware of the possibility of such an outcome. This section ensures cumulative criminal responsibility when multiple offences are committed as a result of abetment.
Key Provisions:
- If:
- The abetted act is committed, and
- Another distinct offence is committed in the process,
- And the abettor was aware or likely to foresee the additional offence,
- Then the abettor is liable for both offences.
How It Protects:
- It ensures that abettors are not punished only for the original act if their instigation leads to multiple offences.
- Promotes accountability for foreseeable consequences of instigation.
- Strengthens deterrence by covering all layers of criminal involvement.
Example:
- Illustration from BNS:
A tells B to resist a public servant executing a distress.
B resists and also causes grievous hurt to the officer.
B is liable for both resistance and causing hurt.
If A knew that grievous hurt might result, A is liable for both offences too.