Page:Syariah Penal Code Order, 2013.pdf/33

22nd. OCTOBER, 2013 Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.

41. Save as otherwise expressly provided, any person who abets an offence, if the act abetted is committed in consequence of the abetment, is guilty of an offence and shall be liable on conviction to the punishment provided for the offence.

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 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.
 * (b) C and D conspire to commit qatl by using poison on E. C, in pursuance of the conspiracy procures the poison and delivers it to D in order that he may administer it to E. D, in pursuance of the conspiracy administers the poison to E in C ' s absence, and thereby causes E ' s death. Here D is guilty of the offence of qatl by using poison. C is guilty of abetting that offence by conspiracy and is liable to the punishment for the offence of abetting to commit qatl by using poison.

Punishment of abetment if person abetted does act with different intention from that of abettor.

42. Any person who abets the commission of an offence, if the person abetted does the act with a different intention or knowledge from that of the abettor, is guilty of an offence and shall be liable on conviction to 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.

Liability of abettor when one act abetted and different act done.

43. 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:

Provided that, the act done shall be a probable consequence of the abetment, and shall be committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustration A instigates a child who is not baligh to put poison into the food of B and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the