Page:Syariah Penal Code Order, 2013.pdf/35

22nd. OCTOBER, 2013 Abetment of offence punishable with death or life imprisonment.

47. Any person who abets the commission of an offence punishable with death or life-imprisonment, if that offence is not committed in consequence of the abetment, and no express provision is made by this Order for the punishment of such abetment, is guilty of an offence and shall be liable on conviction to a fine not exceeding $28,000 and imprisonment for a term not exceeding 7 years. Illustration A instigates B to commit qatl against C. The offence is not committed. If B had committed qatl against C, A would have been subject to the punishment of abetment of qatl. Therefore A is guilty of an offence and liable on conviction to a fine not exceeding $28,000 and imprisonment for a term not exceeding 7 years.

'''Abetment Of offence punishable with imprisonment if offence is not committed. If abettor or person abetted is public servant whose duty is to prevent offence.'''

48. (1) Any person who abets an offence punishable with imprisonment, if that offence is not committed in consequence of the abetment and no express provision is made by this Order for the punishment of such abetment, is guilty of an offence and shall be liable on conviction to such fine as is provided for that offence, imprisonment for a term not exceeding to one-fourth of the longest term provided for that offence or both.

(2) If the abettor or the person abetted under subsection (1) is a public servant, whose duty it is to prevent the commission of such offence, the abettor is guilty of an offence and shall be liable on conviction to such fine .as is provided for that offence, imprisonment for a term not exceeding to one-half of the longest term provided for that offence or both. Illustrations
 * (a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.
 * (b) C, a public servant, whose duty is to prevent the sale of intoxicating liquor, abets the commission of the sale of intoxicating liquor. Here, though the sale is not committed, C is guilty of an offence and shall be liable on conviction to a fine as is provided for that offence, imprisonment for a term not exceeding one-half of the longest term of imprisonment provided for that offence or both.
 * (c) D abets the commission of sale of intoxicating liquor by E, a public servant, whose duty it is to prevent that offence. Here, though the sale is not committed, D is guilty of an offence and shall be liable on conviction to a fine as is provided for that offence, imprisonment for a term not exceeding one-half of the longest term of imprisonment provided for that offence or both.

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