Page:Syariah Penal Code Order, 2013.pdf/30

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Exemption from this Part.

36. This Part shall only apply if not inconsistent with any other provisions of this Order.   PART III ABETMENT Abetment of thing.

37. A person abets the doing of a thing who—


 * (a) instigates any person to do that thing;
 * (b) engages, with· one or more other person or persons, in any conspiracy for the doing of that thing, if an act or illegal omission take place in pursuance of that conspiracy, and in order to the doing of that thing; or
 * (c) intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorised by a warrant from a Court to apprehend B. C, knowing that fact, and also that D is not B, wilfully represents to A that D is B and thereby intentionally causes A to apprehend D. Here, C abets by instigation the apprehension of D.

Explanation 2—Any person who, either prior to, or at the time of, the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Abettor.

38. A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence, with the same intention or knowledge as that of the abettor.  1690