08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
committed under the influence of the instigation, or with the aid or in pursuance
of the conspiracy which constituted the abetment.
Illustrations
(a) 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 by the side of that of Z. Here 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 as if he had instigated the child to put the
poison into the food of Y.
(b) A instigates B to burn Z's house. B sets fire to the house and at the same
time commits theft of property there. A, though guilty of abetting the burning of
the house, is not guilty of abetting the theft; for the theft was a distinct act, and
not a probable consequence of the burning.
(c) A instigates B and C to break into an inhabited house at midnight for the
purpose of robbery, and provides them with arms for that purpose. B and C
break into the house, and being resisted by Z, one of the inmates, murder Z.
Here, if that murder was the probable consequence of the abetment, A is liable
to the punishment provided for murder.
Abettor when liable
112. If the act for which the abettor is liable under the last preceding section is
committed in addition to the act abetted, and constitutes a distinct offence, the
abettor is liable to punishment for each of the offences.
Illustration
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.
113. When an act is abetted with the intention on the part of the abettor of
causing a particular effect, and an act for which the abettor is liable in
consequence of the abetment, causes a different effect from that intended by the
abettor, the abettor is liable for the effect caused, in the same manner and to
the same extent as if he had abetted the act with the intention of causing that
effect, provided he knew that the act abetted was likely to cause that effect.
Illustration
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 punishment provided for murder.
114. Whenever any person, who if absent would be liable to be punished as an
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 have
committed such act or offence.
to cumulative
punishment for act
abetted and for act
done
Liability of abettor for
an effect caused by
the act abetted
different from that
intended by the
abettor
Abettor present when
offence is committed
Abetment of offence
punishable with
death or
imprisonment for life
if offence be not
committed; if act
115. Whoever abets the commission of an offence punishable with death or 36[
imprisonment] for life, shall, if that offence be not committed in consequence of
the abetment, and 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;
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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