08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
by conspiracy that the abettor should concert 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.
Illustration
A concerts 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 for the purpose of its being used in the
manner explained. A administers the poison; Z dies in consequence. Here, though
A and C have not conspired together, yet C has been engaged in the conspiracy
in pursuance of which Z has been murdered. C has therefore committed the
offence defined in this section and is liable to the punishment for murder.
Abetment in
Bangladesh, of
offences outside it
35[ 108A.
A person abets an offence within the meaning of this Code who, in
Bangladesh, abets the commission of any act without and beyond Bangladesh
which would constitute an offence committed in Bangladesh.] Abetment in
Bangladesh of offences outside it
Illustration
A, in Bangladesh, instigates B, a foreigner in Goa, to commit a murder in Goa. A
is guilty of abetting murder.
Punishment of
109. Whoever abets any offence shall, if the act abetted is committed in
consequence of the abetment, and no express provision is made by this Code for
the punishment of such abetment, be punished with the punishment provided for
the offence. Punishment of abetment if the act abetted is committed in
consequence and where no express provision is made for its punishment
abetment if the act
abetted is committed
in consequence and
where no express
provision is made for
its punishment
Explanation.An act or offence is said to be committed in consequence of
abetment, when it is committed in consequence of the instigation, or in pursuance
of the conspiracy, or with the aid which constitutes the abetment.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some
favour in the exercise of B's official functions. B accepts the bribe. A has abetted
the offence defined in section 161.
(b) A instigates B to give false evidence. B, in consequence of the instigation
commits that offence. A is guilty of abetting that offence, and is liable to the
same punishment as B.
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the
poison and delivers it to B in order that he may administer it to Z. B, in
pursuance of the conspiracy, administers the poison to Z in A's absence and
thereby causes Z's death. Here B is guilty of murder. A is guilty of abetting that
offence by conspiracy, and is liable to the punishment for murder.
Punishment of
abetment if person
abetted does act with
different intention
from that of abettor
Punishment of abetment if person abetted does act with different intention from
that of abettor 110. Whoever abets the commission of an offence shall, if the
person abetted does the act with a different intention or knowledge from that of
the abettor, be punished with the punishment provided for the offence which
would have been committed if the act had been done with the intention or
knowledge of the abettor and with no other.
Liability of abettor
when one act abetted
and different act
done
Liability of abettor when one act abetted and different act done 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 abetted it:
Provided the act done was a probable consequence of the abetment, and was
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