IPC 113→BNS 53

IPC 113 to BNS 53: Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

Section 113 IPC (1860) replaced by Section 53 BNS (2023)

View IPC Section 113 →View BNS Section 53 →

IPC 113 to BNS 53 at a Glance

Section 113 IPC (Liability of abettor for an effect caused by the act abetted different from that intended by the abettor) is now Section 53 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 113 to BNS 53?

Section 113 IPC is replaced by Section 53 BNS. The substantive rule and the statutory illustration are retained verbatim. The heading in Section 53 BNS drops the word the twice, reading Liability of abettor for an effect caused by act abetted different from that intended by abettor. The legal effect and punishment remain unchanged.

IPC 113 vs BNS 53: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section11353
OffenceLiability of abettor for an effect caused by the act abetted different from that intended by the abettorSame
PunishmentThe punishment for the effect caused, as if the abettor had abetted the act intending that effect.Same
FineThe fine provided for that offence, where it carries one.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByCourt by which offence abetted is triableSame

IPC 113 and BNS 53: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 113, IPC 1860

113. 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. 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 murder.
BNS 2023 (in force)

Section 53, BNS 2023

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. 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 murder.

Ingredients: IPC 113 vs BNS 53

Under IPC 113
  1. The accused abetted an act with the intention of causing a particular effect
  2. An act for which the abettor is liable in consequence of the abetment caused a different effect from that intended
  3. The abettor knew that the act abetted was likely to cause that different effect
Under BNS 53
  1. Abetment of an act with intention to cause a particular effect
  2. An act for which the abettor is liable causes a different effect
  3. Knowledge on the part of the abettor that the act abetted was likely to cause that different effect
  4. Liability for the effect caused to the same extent as if intended

What IPC 113 to BNS 53 Means for Pending Cases

For Section 113 IPC (now Section 53 BNS): under Section 53 BNS, an abettor remains liable for a different effect caused by the act abetted if he possessed knowledge that such effect was likely. The statutory test and illustration continue without substantive change. A charge for an act done after the BNS came into force cites Section 53 BNS.

FAQs: IPC 113 to BNS 53

What changed from Section 113 IPC in Section 53 BNS?▼

Section 53 BNS retains the exact statutory text and illustration of Section 113 IPC. The only change is in the section heading, which drops the word the twice, referring to act abetted and abettor without articles.

Where does Section 113 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 53 BNS, in Chapter IV, Of Abetment, Criminal Conspiracy and Attempt.

Does Section 113 IPC or Section 53 BNS apply to an act done before 1 July 2024?▼

Section 113 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 113 IPC. Section 53 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·