66
Laws of Malaysia
Act 574
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.
Liability of abettor for an offence caused by the act abetted
different from that intended by the abettor
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.
Abettor present when offence committed
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.
Abetment of an offence punishable with death or imprisonment
for life
115. Whoever abets the commission of an offence punishable with
death or imprisonment for life or imprisonment for a term which
may extend to twenty years, shall, if that offence is not committed
in consequence of the abetment, and no express provision is made
by this Code for the punishment of such abetment, be punished
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