Answer
Abetment:
Abetment is defined in S. 107 thus “A person abets the doing of a thing who:
Definition of Abetment:
According to Black’s Law Dictionary; “To encourage and assist someone, especially in the
commission of a crime, or to support a crime by active assistance”. Abetment is a preparatory act and connotes active complicity on the part of the abettor at a point of time prior to the actual
commission of the offence”.
According to u/S. 107, PPC. A person abets the doing of a thing, who:
Firstly:
Instigates any person to do that thing; or
Secondly:
Engages with one or more other person or persons in any conspiracy for the doing of the thing; if an act or illegal
omission takes place in pursuance of that conspiracy, and in order to doing of that thing; or
Thirdly:
Intentionally aids by any act or illegal omission, the doing of that thing
Explanation:
A person who, by willful misrepresentation, or by willful concealment of a material fact which he IS hound to
disclose, voluntarily causes or procures, or attempts to cause or procure. a thing to be done, is said to instigate the doing of that thing S. 107).
Essential of Abetment:
These are the following essential of abetment—
There must be an abettor.
(ii) He must abet
(iii) the abetment must be an offence.
Modes to constitute abetment:
There are three major modes which constitution an offence abetment.
(i) By Instigation.
(ii) By Conspiracy.
(iii) By Aiding.
(I) Abetment by Instigation:
Abetment can be caused by instigating any person to do a thing which not permitted as per law. Instigate the doing of thing means that:
As per explanation a person who
(a) By willful misrepresentation; or
(b) By willful concealment;
Of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procures a thing to be done, is said to instigate the doing of that thing.
(ii) Abetment by Conspiracy:
Definition of conspiracy is given u/S 120(A, PPC; “When two or more persons agree to do or cause to be done
(a) An illegal act, or
(b) An act which is not illegal by illegal means such an agreement is designated a criminal conspiracy.
Conspiracy has been defined in: “Black’s Law Dictionary; “Conspiracy is an agreement by two or mere persons to commit an unlawful act, a combination for an unlawful purpose.”
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Conspiracy amounts to Abetment:
If an illegal act is committed the elements of conspiracy is in involved.
Concert with person abetted not necessary:
If the element of concert is found the crime of abetment is proved through this process.
(iii) Abetment for Aid:
Abetment can be done by
intentionally aiding, by any act or illegal omission, the doing of that thing.
Kinds of Abetment:
Abetment may be by:
(i) Instigation;
(ii) By engaging in a conspiracy to commit it or
(iii) By intentionally aiding a person to commit it.
1. Abetment of Instigation:
A person is said to instigate another to a criminal act, by way of encouraging, soliciting, provoking inciting. A mere intention or preparation to instigate is neither instigation nor abetment. An advice could be abatement if it is meant to suggest or stimulate the commission of an offence. A mere consent or permission is not instigation nor can a deliberate absence from the scene of offence, amounts to instigation. Instigation implies knowledge of the criminality of an act. Instigation could he by willful misrepresentation or concealment of facts where duty of some kind exists. Mere failure to prevent the commission of an thence is not in itself an abetment.
Example:
Where one person instigates another to the commission of an offence by means of a letter sent through the post the offence of abetment by instigation is completed soon as the contents of such letter become known to the addressee. If the letter never reaches the act is only an attempt to abet.
2. Abetment by Conspiracy:
An agreement between two or more Persons to do an illegal act, or to do a legal act by illegal means, is called criminal conspiracy. So if a person engages with one or more other person or persons in any conspiracy for the doing of a thing and some act or illegal omission, takes place in pursuance thereof, he can he punished not only as instigator hut also as conspirator. Conspiracy, can only amount to abetment if an, act or Illegal omission takes place in pursuance of the conspiracy.
3. Abetment by Intentional Aiding:
If a person intends to facilitate the commission of the offence, he will be said to abet by aiding. Merely to give the aid does of amount to abetment. According to Explanation 2 to S. 107 a person is said to aid the doing a thing if either prior to or at the time of the commission of an act, he does anything in order to facilitate the commission of that act, and there by facihtates commission thereof. Aid may be given by act or by illegal omission. If a servant keeps open the gate of his maters house to facilitate entry of the thieves, he is not guilty. But if he informs this act to thieves, he will be guilty.
Example:
A instigates B to commit suicide and C put poisonous drink in B’s hand. Here A and C both are Abettors A by instigation and C by intentional aiding. Similarly A will be held guilty as abettor by intentional aiding if he provides B with a room for committing adultery or rape.
Status of Abetment in Crime:
There are four stages in the commission of a crime which are as follows:
(i) Mental stage in which the crime is considered and determined upon;
(ii) Preparation;
(iii) Execution;
(iv) Concealment or profiting by crime.
The offence of abetment, properly speaking is committed by those who take part either of stages in 9i), (ii) or (iv). But under the Pakistan Penal Code abetment is limited to stages (i) and (ii).
Nature of Abetment:
Abetment is a substantive offence under PPC and not mere an appendage of principle offence.
Abettor
Definition of Abettor:
Abettor is a person who encourages or assists in the commission of a crime.
Abettor under S.108 is a person who abets:
(i) the commission of an offence; or
(ii) the commission of an act which would be an offence if committed by a person not suffering from any physical or mental incapability
Instigation by means of a letter:
Where one person instigates anther to the commission of an offence by means of a letter sent, through the post, the offence of abetment by instigation is completed as soon as the contents of such letter become known to the addressee.
If the letter never reaches him, the act is only an attempt to abet.
Exceptions
(i) A mere intention or preparation or instigate is neither instigation nor abetment.
(ii) Mere failure to prevent the commissioner of an offence is not in itself an abetment.
(iii) An advice per se cannot be necessarily instigation.
(iv) An advice can become if it is meant actively to suggest or stimulate the commission of an offence.
(v) A mere acquiescence or permission does not amount to instigation.
(vi) Deliberate absence from the scene of offence does not amount to instigation.
According to S. 108 of the Pakistan Penal Code, 1860, a person abets an offence who abets either the commission of an offence or the commission of an act which would be an offence if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanations:
1.The abetment of the illegal omission of an act may amount to an offence although the abettor may not
himself be bound to do that act.
2. To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. Again A instigates B to murder D. B in pursuance of the
instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
3. It is not necessary that the person abetted should be capable by law of committing an offence or that he
should have the same guilty intention or knowledge that of the abettor, or any guilty intention orknowledge. A with the intention of murder in instigates B, a child under seven years of age, to do an act, which causes is
death. B, in consequence of the abetment does the act in the absence of A and thereby causes are death. Here, though B was not capable by law of committing an offence. A is liable to Z be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is, therefore, subject to the punishment of death.
4. The abetment of an offence being an offence, the abetment of such an abetment is also an offence. A instigates B to instigate C to murder Z B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished or his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.
5. It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should commit the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. A concert with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison but without mentioning A’s name. C agrees to procure the poison. and procures and delivers it to B r the purpose of its being used in the manner explained. A administers the poison, Z dies in consequence. Here, though A and C’ had not conspired together, yet C has been engaged in the conspiracy in pursuance of Z has been murdered. C has. therefore, committed the offence defined in this section, and is liable to the punishment for murder.
A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child in consequence of the instigation by mistake puts the poison into the food of Y. which is bs the side of tat of Z. [{ere if the child was acting under the influence of A‘s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent.
Distinguish between abetment and attempt
Abetment and Attempt:
In abetment the offence is complete in itself within the meaning of S.40 P.P.C. while an attempt to commit the offence is not completed. If the act were completed there would no more be an attempt but the offence itself. It is only when the object to commit an offence fails that the accused is guilty of attempt to commit that offence. In the second place abetment may he committed in several ways mentioned in S. 107, viz., instigating any person, engaging with one or more other person or persons in any conspiracy for the doing of a thing or intentionally aiding, by any act or illegal omission, the doing of that thing. An attempt is. however, committed by doing any act towards the commission of the offence. In the third place in abetment the abettor needs not be present at the time of the commission of the offence but in an attempt the presence of the offender is necessary at the time of the commission of the offence. In the fourth place. abetment of an offence is more severally punished that attempt to commit the same offence.
Circumstances which an abettor may be punished for an
offence different from that which was abetted:
Under S. III an
abettor may be liable for the commission of a different act than the one he instigated, provided the different act was a proba;1e consequence of the abetment and was committed under the influence of the instigation. A probable consequence of an act is one which is likely or which can reasonably be expected to follow from such Ct; an unusual or unexpected consequence cannot be described as probable one. When the act done different from the instigated, are abettor is only liable for such a different act if it was a like consequence of instigation or if it was an act which the instigator could reasonably have been expected to foresee might be committal I as a result of his instigation. An unusual or unexpected consequence cannot be described as a probable one.
S. 113 further lays down that if a different effect is caused by the act abetted than that intended by the abettor, the abettor is liable for the effect so caused, provided he knew that it was likely to cause that effect. 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 imprisonment provided for murder.
PUNISHMENT OF ABETMENT
Punishment or Kinds of Abetment According to punishment:
Kinds of abetment is described in the Code according to different punishments of abetment which are as follows as clause by clause.
1. Where no Punishment for Abetment:
S. 109 explains that if there is no punishment specified by this Code for the abetment then the abettor shall be punished for the offence committed in consequences of such abetment. Except is cases of Ikrah-i-Tam, the abettor of an offence referred to in Chapter XVI shall be liable to punishment of Tazir specified for such offence including death.
When offence committed in consequence:
This section also explains that an act or offence is said to be committed in consequence of abetment when it is committed:
(i) in consequence of the instigation; or
(ii) in pursuance of the conspiracy; or
(iii) with the aid which constitutes the abetment.
2. Liability of Abettor:
S. 110 says that though the person abetted commits the offence with a different intention or knowledge yet the abettor will be punished with the punishment provided for the offence abetted. The liability of the person abetted is not affected by this section.
3. Liability of Abettor:
According to S. 111, when an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly bated it. This section also provides that such act done was a probable
consequence of the abetment. A probable consequence of an act is one which is likely or which can reasonably be expected to follow from such act, an unusual or unexpected consequence cannot be described as a probable one.
4. Constitution of Distinct Offence:
Under S.! 12, if the act for which the abettor is liable under S. 111 is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
5. With Regard to Different Effect:
Section 113 deals with the case where the act done is the same as the act abetted but its effect is different, then the abettor is liable for the effect caused. To make the abettor liable it must be shown that he knew that the act abetted was likely to cause that effect.
6. Presence of Abettor:
S. 114 connotes that if the 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 ILR 27 Cal. 566.
The word “present” has been used in its legal and not literal sense as meaning sufficiently near to render assistance, but mere presence as an abettor of any person, will not render him liable for the offence committed.
7.(i) Abetment of offence punishable with death:
S. 115 describes that whoever abets the commission of an offence punishable with death or imprisonment for life shall if.
(a) that offence by not committed in consequence of the abetment; and
(b) no express provision is made by this Code for the punishment of such abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(ii) Act causes hart;
S. 115 also states that if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
8. (I) Offence not committed in consequence of Abetment:
S. 116 provides that whoever abets an offence punishable with imprisonment shall be punished with imprisoned of any description provided for that offence for a term which ma- extend to one-fourth part of the longest term provided for that offer c. or with such fine as is provided for that offence, or with both. B. it is also necessary that offence abetted be not committed in con--quence of the abetment and no express provision is made by this ( de for the punishment for such abetment.
(ii) Person Abetted be a public Servant:
Second part of Section 116 provides that if the abettor or the person abetted is a public servant, whose duty is to prevent the coinmisdsion of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.
9. Abetment by Public Generally:
According to S. 117, whoever abets the commission of an offence;
(1) by the public generally; or
(ii) by any number or class of persons exceeding ton;
shall be punished with imprisonment of either description for a term which may extend to:
(1) three years; or
(ii) with fine; or
(iii) with both.
10. Facilitate the Commission of an offence punishable with
Death:
S. 118 describes that whoever intending to facilitate or knowing it to he likely that he will thereby facilitate the commission of an offence, punishable with death or imprisonment of life voluntarily conceals by any act or illegal omission, the existence of design to commit such offence or make any representation which he knows to be false respecting such design.
(i) If offence be committed:
Shall, if that offence be committed he punished with imprisonment of either description for a term which may extend to seven years.
(ii) If offence not committed:
If the offence be not committed then with imprisonment of either description for a term which may extend to three years and in either case shall also he liable to fine.
11. Public Service Intending to Facilitate:
S. I l9 extends the principle laid down in the S. 118 to public servant and prescribe bed an enhanced punishment.
(i) With all conditions of S. 118 of public servant dues the mention act shall. if the offence he committed, he punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both.
(ii) If the offence be punishable with death or imprisonment for life with imprisonment of either description for a term which may extend to ten years.
If the offence be not committed, shall he punished with imprisonment of any description provided try the offence for a term (iii) which may extend o one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.
12. Facilitate the Commission of Offence Punishable with Imprisonment:
S. 118 deals with offences punishable with death or imprisonment for life; but S 120 deals with offences. Punishable with imprisonment.
(i) If the offence be committed shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth; and
(ii) If the offence be not committed then to one-eighth, of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.
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