Indian Penal Code, 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,
caused 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.