1[108.A.
Abetment in Pakistan of offences outside it. A person abets an offence within the
meaning of this Code who, in 2[Pakistan], abets the commission of any act without and beyond
2[Pakistan] which would constitute an offence committed in 2[Pakistan].
Illustration
A, in 2[Pakistan], instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of
abetting murder.]
109. Punishment of abetment if the act abetted is committed in consequence and where no
express provision is made for its punishment. 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[:]3
4[Provided
that, except in case of Ikrah-i-Tam the abettor of an offence referred to in Chapter
XVI shall be liable to punishment of ta‘zir specified for such offence including death.].
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.
110. Punishment of abetment if person abetted does act with different intention from that of
abettor. 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.
111. Liability of abettor when one act abetted and different act done. 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 :
1This
Section was added by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 3.
by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960),s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for ―the Provinces and the Capital of the Federation‖ which had
been subs. by A.O., 1949, Arts. 3(2) and 4, for ―British India‖.
3Subs. by the criminal law (Amdt.), Act, 1997 (II of 1997), s. 6 for ―fullstop‖.
4Proviso added ibid.
2Subs.
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