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. 23

Sélectionner le paragraphe cible3