08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Illustration
A, a public officer, is authorized by a warrant from a Court of Justice to
apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to
A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets
by instigation the apprehension of C.
Explanation 2.Whoever, either prior to or at the time of the commission of an
act, does anything in order to facilitate the commission of that act, and thereby
facilitates the commission thereof, is said to aid the doing of that act.
Abettor
108. 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.
Explanation 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.
Explanation 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.
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to
commit murder.
(b) 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.
Explanation 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 as�� that of the abettor, or any guilty intention or knowledge.
Illustrations
(a) A, with a guilty intention, abets a child or a lunatic to commit an act which
would be an offence, if committed by a person capable by law of committing an
offence, and having the same intention as A. Here A, whether the act be
committed or not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years
of age, to do an act which causes Z's death. B, in consequence of the abetment,
does the act in the absence of A and thereby, causes Z's death. Here, though B
was not capable by law of committing an offence, A is liable to 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.
(c) A instigates B to set fire to a dwellinghouse. B, in consequence of the
unsoundness of his mind, being incapable of knowing the nature of the act, or
that he is doing what is wrong or contrary to law, sets fire to the house in
consequence of A's instigation. B has committed no offence, but A is guilty of
abetting the offence of setting fire to a dwellinghouse, and is liable to the
punishment provided for that offence.
(d) A intending to cause a theft to be committed, instigates B to take property
belonging to Z out of Z's possession. A induces B to believe that the property
belongs to A. B takes the property out of Z's possession, in good faith, believing
it to be A's property. B, acting under this misconception, does not take
dishonestly, and therefore does not commit theft. But A is guilty of abetting theft,
and is liable to the same punishment as if B had committed theft.
Explanation 4.The abetment of an offence being an offence, the abetment of
such an abetment is also an offence.
Illustration
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 for his offence with the punishment for murder; and, as A instigated B
to commit the offence, A is also liable to the same punishment.
Explanation 5.It is not necessary to the commission of the offence of abetment
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