Section 88 -
“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.
Exception:The abettor shall not be liable under this section to the punishment for
murder unless he knew that death would be the probable consequence of
the act abetted.
NOTE – See Section 248.
Illustration:(“A”) instigates (“B”) to cause grievous hurt to (“Z”). (“B”) in
consequence of the instigation causes grievous hurt to (“Z”). (“Z”) 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 culpable homicide not amount to murder or for murder as the
case may be.
Section 89-
“Abettor Present when Offence Committed Liable as Principal”:
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.
Section 90 -
“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 is not committed in consequence of the abetment and no express
provision is made by this Code or by any other law for the time being in
force for the punishment of such abetment, be punished with
imprisonment for a term not exceeding seven years and shall also be liable
to fine. And, if the abettor is a public servant whose duty is to prevent the
commission of such offence, he shall be liable to imprisonment for a term
not exceeding ten years and may also be liable to fine.
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