Abetment PDF

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Summary

Concept of abetment under Pakistan Penal Code 1860...

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Introduction Abetment is an instigation to a person to do an act in a certain way or aid some other person in doing an act which in an offence. Abetment can be committed only when there is positive evidence of either instigation or conspiracy or intentional aid. At English common law it is committed by the principal in the 2nd degree. A person is said to abet another to do a thing if he instigates him, or engages other persons in any conspiracy to do that thing, or if he intentionally aids to do that thing by any act or illegal omission.

Definition 1

(i)Black’s law Dictionary: To encourage, incite or set another to commit a crime.

(iii) Definition u/sec 107 P.P.C: A person abets the doing of a thing who: First 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 that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing, or Thirdly intentionally aids, by an act or illegal omission, the doing of that thing.

2008 PCrLJ 1105 Accusation of abetment must be proved by producing evidence showing prior meeting of minds or act done by an accused during the occurrence

Relevant provisions of law Sec 107 to 120 Pakistan Penal Code 1860.

Essentials of abetment: (i) There must be an abettor (ii) He must abet (iii) The abetment must be an offence

Modes to constitute abetment u/sec107: There are three modes to constitute an abetment. 2

(i) By instigation (ii) By conspiracy (iii) By Ailing

(I) Abetment by instigation: The word instigate means to goad or urge forward. Instigation shows some sort of advice for the commission of an act, which if dose would be an offence. Advice can become instigation only if it is found that it was meant actively to suggest or stimulate the commission of an offence.

(i) Misrepresentation or concealment as abetment: According to explanation 1 of sec107,a person who by willful misrepresentation or by willful concealment of an material fact which he is bound to disclose voluntarily causes or procures or attempts to cause or procures a thing to be dose, is said to instigate the doing of that of that thing.

Illustration: ‘A’ knows that ‘B’ is not ‘c there is warrant for the arrest of ‘c’. He represents the offices executing the warrant that ‘B’ is ‘C’. and thereby causes the officer to arrest ‘B’ the officer is guilty of wrongful restraint but ‘A’ is guilty of abetment.

(II) Abetment by conspiracy: (i) Definition of conspiracy u/sec 120-A P.P.C: When two or more persons agree to do or cause to be done: (1) An illegal act, or (2) An Act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.

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Case Law 1998 P.C r. L. J 1486 it was held that to constitute criminal conspiracy there must be agreement of two or more person to do an act which is illegal or which is to be done by illegal means.

(ii) Conspiracy amount to abetment: Conspiracy can only amount to abetment if an act or illegal omission takes place in pursuance of the conspiracy:

(iii) Concert with person abetted not necessary: According to explanation 5 to sec 108, concert of abettor with the person abetted is not necessary. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

(III) Abetment by aid: If a person joins another in the commission of a crime by which he is benefit and which it would not be possible to commit but for his aid, he is guilty of the commission of the crime of abetment. According to explanation 2 of sec 107, a person abets by aiding, when by any act done either prior to or at the time of the commission of the act, he intends to facilitate and dose in fact facilitate the commission thereof,

Illustration: A village magistrate who was present while certain police constable were wrongfully beating the person, and who not stop the criminal act being committed in his presence he abetted within the meaning of this section.

6. Abettor u/sec. 108: A person abets an offence who abets either the commission of an offence or the commission of an act which be an offence, if committed by a person capable by law of committing an offence with 4

the same intention or knowledge as that of the abettor:

(I) Abettor may be innocent as principal: According to explanation 1 of sec. 108, a person can be held guilty as abettor, thought as a principal he omission of an act to a public servant by private person.

(II) Act abetted need not to be committed: According to explanation 2 of section 108, 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 ca used.

Illustration: ‘A’ instigates ‘B’ to murder ‘c’. B refuses to do so ‘A’ is guilty abetting ‘B’ to commit murder.

(III) Capacity of person abetted: According to explanation 3 of sec 108 the person abetted need not have any guilty intention in committing the act, nor should he be necessarily capable by law of committing an offence, thus a child or a lunatic who are supposed by law incapable to commit an offence may be abetted by another person who is capable law to commit an offence with guilty intention and the abettor is guilty. Whether the act is actually committed or not.

(Iv) Abetment of an abetment: According to explanation 4 of sec. 108, when the abetment of an offence is an offence, the abetment of such abetment is also an offence.

Illustration: ‘A’ instigates ’B’ to instigate ‘C’ to murder Z. ‘B’ accordingly instigates ‘C’ to murder ‘Z’ and ‘C’

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murder, ‘Z’ All are liable ‘C’ is for murder, ‘B’ for abetting murder and ‘A’ for abetting the abetment of murder.

Punishment of Abetment 1) Where no express provision for that abetment u/s 109 Abettor shall be punished for act committed.

2) If act is done with different intention u/s 110 Abettor shall be punished with offence which would have be committed if intention of abettor and offender were same. 3) Liability if different act committed u/s 111 Abettor will be liable for offence done

4) Effect of presence of abettor at the time of commission of an offence

u/s 114 He shall be deemed to have committed that offence. 5) Abetment of offence punishable with death or imprisonment for life

u/s 115 

Shall be punished with imprisonment upto seven years, and



Fine

If hurt is caused 

Shall be punished with imprisonment upto fourteen years, 6



Fine

6) Abetment of offence punishable with imprisonment u/s 116 –no offence committed 

Imprisonment up to ¼ of the longest term of imprisonment provided for that offence, or



With fine, or



Both

If abettor is public officer 

Imprisonment up to ½ of the longest term of imprisonment provided for that offence, or



With fine, or



Both

Distinction between abetment & criminal conspiracy Abetment itself is not a crime but it fixes responsibility in aiding to commit an offence. Abettor is equally responsible as the principal offender is. `Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law, the punishment of which is imprisonment or fine or both in the discretion of the Court".

I. Number of persons a. May be one person in abetment b. In conspiracy Two or more persons II. Mode a. In Abetment to encourage someone. 7

b. Persons involve direct and indirect

III. Scope a. Abetment is a wider topic. b. Conspiracy is the kind of abetment

IV. Element of instigation a. Instigation someone is abetment. b. Active participation in an illegal act is conspiracy

V. Aid to commit crime a. Mere aiding is abetment. b. Conspiracy does not mean Aiding

VI. Agreement a. Abetment is not based on Agreement. b. Conspiracy is based on an agreement.

VII. Misrepresentation a. Willful misrepresentation can be abetment. b. Willful misrepresentation not in conspiracy.

VIII. Concealment of fact a. Concealment of fact is possible in abetment. b. Concealment of fact is not in conspiracy.

IX. Ultimate object a. In abetment commission of crime is ultimate object. b. In conspiracy commission of crime is not necessary to be ultimate object.

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X. Common intention a. Common intention is not necessary in abetment. b. Common intention is in conspiracy.

XI. Capacity of person a. Person incapable to commit offence can be abetted b. Person incapable to commit offence cannot be cons pirate.

Conclusion To conclude, I can say, that abetment is a substantive offence. The offence of abetment is possible thought the offence abetted is not committed. It is a Crime apart or a distinct offence not a mere minor offence.

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References 1. Knowledge is Power (2013) Retrieved from https://www.facebook.com/KnoeledgeIsPower/posts/ 2. Ranjith S. (2011) Abetment-Abettor-Different Types-Penal Code. Retrieved from https://senseoflaw.blogspot.com/

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