INTRODUCTION
Abetment is a separate and distinct offence provided the thing abetted is an offence. It is an independent crime, i.e. to say that abetment does not in itself involve the actual commission of the crime abetted. It is a crime apart.
RELEVANT PROVISIONS
Sections 107 to 120 of P.P.C. 1860 deal with abetment.
PRINCIPLE OF CONSTRUCTIVE LIABILITY
If two or more persons commit an offence jointly in furtherance of common intention; each one of them would be held liable for it as if he had done it individually. Liability for abetment is determined under this principle and it is called the principle of constructive liability.
DEFINITION OF ABETMENT
U/s 107 of P.P.C. 1860
A person is said to abet the doing of a thing who,
Firstly, instigate any person to do that thing
Secondly, engages with one or more other persons in any conspiracy for the pursuance of that conspiracy, and to the doing of that thing or intentionally aids, by any act or illegal omission, the doing of that thing
Thirdly, doing that thing, if an act or illegal omission takes place
DEFINITION OF ABETTOR
U/s 108 of P.P.C. 1860
An abettor is a person who causes the,
- Commission of an offence, or
- Commission of an act which would be an offence. By a person capable at law of committing that offence through common knowledge and intention which is the same as that of abettor
KINDS OF ABETMENT
U/s 107 of P.P.C. 1860
1. ABETMENT BY INSTIGATION:
A person is said to instigate another to an act when he actively suggests or stimulates him to the act by any means of language, hint, institution or encouragement. Instigation could be,
- by willful misrepresentation, or
- by willful concealment of facts where a duty of some kind exists.
2. ABETMENT BY CONSPIRACY:
It is making a design with other persons to do an illegal act or use illegal means for a legal object and something is done in pursuance of the design.
3. ABETMENT BY INTENTIONAL AIDING:
A person abets by aiding, when by any act done, either before or at the time of the commission of the act, he intends to facilitate and does infect facilitate, the commission thereof
Explanation: A hands over a cup of poison to B who is committing suicide; he commits abetment by way of aiding.
PUNISHMENT FOR ABETMENT
U/s 109-120 of P.P.C. 1860
Punishment for abetment/liability for abetment, if the act abetted, is committed shall be as follows:
1. UNDER SECTION 109 P.P.C.
If there is no punishment specified in the PPC for the abetment then the abettor shall be punished for the offence committed in consequences of such abetment.
2. UNDER SECTION 110 P.P.C.
Though the person abetted, commits the offence with a different intent or knowledge, yet the abettor will be punished with the punishment provided for the offence abetted.
3. UNDER SECTION 111 P.P.C.
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
4. UNDER SECTION 112 P.P.C.
If the act for which the abettor is liable under Section,111 is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
5. UNDER SECTION 113 P.P.C.
Where the act done is the same as the act abetted but its effect is different, then the abettor is liable for the effect caused.
6. UNDER SECTION 114 P.P.C.
If the 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.
7. UNDER SECTION 115 P.P.C.
Whoever abets the commission of an offence punishable with death or imprisonment for life shall if that offence be not committed in consequence of the abetment and no express provision is made by the PPC 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.
If any act for which the abettor is liable in consequence of the abetment and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
8. UNDER SECTION 116 P.P.C.
Whoever abets an offence punishable with imprisonment shall be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence, or with which such fine as is provided for that offence. If the abettor or the person abetted is a public servant, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.
9. UNDER SECTION 117 P.P.C.
Whoever abets the commission of the offence by the public generally, or by any number of or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.
10. UNDER SECTION 118 P.P.C.
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence, punishable with death or imprisonment for life, voluntarily conceals by any act or illegal omission, the existence of design to commit such offence or make any representation which he knows to be false respecting such design shall, if that offence is committed be punished with imprisonment of either description for a term which may extend to seven years and if the offence be not committed then with imprisonment of either description for a term which may extend to three years and in either case shall also be liable to fine.
11. UNDER SECTION 119 P.P.C.
With all conditions of section 118 if a public servant does the mentioned act shall, if the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or will both. If the offence is punishable with death or imprisonment for life with imprisonment for either description for a term which may extend to ten years If the offence is not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.
12. UNDER SECTION 120 P.P.C.
With all the conditions and principles mentioned in section 118 if the offence is committed shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth and if the offence is not committed to one-eight of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.
CONCLUSION
In conclusion, abetment is a serious offence under Pakistani law that involves aiding, instigating, or encouraging the commission of a crime. It plays a crucial role in enabling and facilitating criminal activities, and its detrimental effects on society cannot be underestimated. The punishments prescribed for abetment vary depending on the nature and severity of the crime committed. Individuals must understand the gravity of abetment and the legal consequences associated with it to deter its occurrence and maintain a just and lawful society.
FAQs
Define abetment. Discuss the criminal liability of an abettor in different circumstances.
(2016-A, 2013-A, 2012-A)
Define abetment and abettor. Discuss the punishment prescribed for abetment if the act is committed in consequence and where no express provision is made for its punishment.
(2011-S)
What constitutes abetment and who is an abettor? What shall be the punishment if the act abetted is committed and where no express provision is made for its punishment?
(2010-S)
Define abetment and discuss the liability of an abettor in different circumstances.
(2008-S)
REFERENCES
