Section 40

If the act committed is in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences, if the abettor knew the additional act is likely to happen.

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A. instigates B. to resist by force a distress made by a public servant. B., in consequence, resists that distress. In offering the resistance, B.

voluntarily causes grievous hurt to the officer executing the distress. As

B. has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B. is liable to punishment for both these offences; and if A. knew that B. was likely voluntarily to cause grievous hurt in resisting the distress, A. will also be liable to punishment for each of the offences.

Liability of abettor for an offence caused by the act abetted different from that intended by the abettor.