Page:Syariah Penal Code Order, 2013.pdf/34

BRUNEI DARUSSALAM GOVERNMENT GAZETTE poison into the food of C, which is by the side of that of B. Here, if the child was acting under the influence of A's instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of C.

Abettor when liable to cumulative punishment for act abetted and for act done.

44. If the act for which the abettor is liable under section 43 is committed in addition to the act abetted, and continues a distinct offence, the abettor is liable to punishment for each of the offences if the abettor knows the cumulative act is likely to be committed. Illustration A instigates B to entice an unmarried female to leave the custody of her parents or guardian. B entices the unmarried female to leave the custody of her parents or guardian and during such enticing serves her intoxicating drink. B is guilty of two offences and is liable on conviction to the punishments of both offences; and if A knew that B will likely serve that woman intoxicating drink, he is also liable for the punishment of each of the offences.

Liability of abettor for effect caused by act abetted different from that intended by abettor.

45. 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 teach any matter relating to the religion of Islam without written approval from the Majlis. B, in consequence of the instigation takes the opportunity to bring into contempt the religion of Islam. Here, if A knows that teaching any matter relating to the religion of Islam without written approval from the Majlis which he abets will amount to bringing into contempt the teaching of the religion of Islam, A shall be liable for punishment of bringing into contempt the teaching of the religion of Islam.

Abettor present when offence is committed.

46. 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. 1694