OF ABETMENT
107. A person abets the doing of a thing, who-
First. — Instigates any person to do that thing; or
Secondly.– Engages with one or more other person or
person in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order the doing of that thing; or
Thirdly.– Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.– A person who, by willful misrepresentation, or by willful 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.
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z.B knowing that fact and also that C is not Z, willfully represents to A that U is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2. — Whoever, 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.
108. 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.
Explanation 1.– The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.
Explanation 2. — To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that effect requisite to constitute the offence should be caused
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A is instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3.– It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Illustrations
(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A whether the act be committed or not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, dose the act in the absence of A and there by causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling – house, and is liable to the punishment provided for that offence.
(d) A., intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under the misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment, as if B had committed theft.
Explanation 4. –The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
Illustrations
A, instigates B to instigates C to murder Z. B accordingly instigates murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder, and, instigated B to commit office; A is also liable to the same punishment.
Explanation 5. — It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which offence is committed.
Illustrations
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison; Z dies in consequence. Here though A and C have not conspired together, yet C has been engaged the conspiracy in pursuance of which Z has been murdered. C has therefore committed in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in the section and is liable to the punishment for murder.
108A. A person abets an offence within the meaning of this Code who, in the Union of Burma, abets the commission of any act without and beyond the Union of Burma which would constitute an offence if committed in the Union of Burma.
Illustrations
A, in the Union of Burma instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.
109. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code of the punishment of such abetment, be punished with the punishment provided for the offence.
Explanation- An act or offence is said to be committed in sequence 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 offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has betted the offence defined in section 161.
(b) 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.
(c) A and B conspire to posion Z, A in pursuance of the conspiracy procures the poison and delivers it to B in order that he may ad-~ minister it to Z. B, in pursuance of the conspiracy, administers the] poison to Z in A’s absence and there by causes Z’s death. Here B is guilty of murder, A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
110. Whoever abets the commission of an offence shall ii procures the person abetted does the act with a different intention or knowledge from that of the abettor, be punishmed with the punishment provided for the offence which would have been commit-I ted if the act had been done with the intention or knowledge of the abettor and with no other
1l1. 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 bad directly abetted it:
provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
Illustrations
(a) A instigates a child to put posion into the food of Z. and gives him posion for that purpose. The child, in consequence of the instigation, by mistake puts the posion into the food of Y, which is by the side of that of A. 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 posion into the food of Y
(b) A instigates B to burn Z’s house; B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the buring.
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.
112. If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
Illustrations
A instigates B to resist by force a distress made by a public servant. B in consequence resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress, As B has committed both the offence of resisting the distress and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will be liable to punishment for each of the offence.
113. 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.
A instigates B to cause grievous hurt to Z B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.
114. Whenever any person, who if absent would be liable to 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.
115. Whoever abets the commission of an offence punishable with death or transportation for life shall, if that offence be not committed in consequence. of the abetment, and no express provision is made by this Code 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;
and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, s 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.
Illustrations
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subjected to the punishment of death or transportation for life. Therefore A is liable to imprisonment for a term which may extend to seven years and also to fine;
116. Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, 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 such fine as is provided for that offence, or with both
and if the abettor or the person abetted is a public servant whose duty it is to prevent the commission of such offence, 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.
Illustration
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions B refuses to accept the bribe. A is punishable under this section.
‘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.
(c,) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for the offence, and also to fine.
(d) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable be one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.
117. Whoever abets the commission of an offence by the public generally, or by any number 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.
Illustration
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect while engaged in a procession. A has committed the offence define in this section.
118. Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or transportation for life,
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to’ be false respecting such design,
Shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description for a term which may extend to three years ; and in either case shall also be liable to fine.
Illustration
A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.
119. Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent,
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,
shall, if the offence be committed, be punished with imprisonment of any description provided for 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 with both;
or, if the offence be punishable with death or transportation for life, with imprisonment of either description for a term which may extend to ten years;
or, if the offence be 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.
Illustration
A, an officer of police being legally bound to give information of all designs to commit robbery which may come to his knowledge and knowing that B design to commit robbery, omits to give such information with intend to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.
120. Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment,
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to he false respecting such design,
shall, if the offence be committed, be punished with imprisonment of the description provided for the offence for a term which may extend to one- fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. (Back)
CRIMINAL CONSPIRACY
120A. When two or more persons agree to do, or cause to be done,–
(1) an illegal act, or
(2) an act which is not illegal by illegal means. such an agreement is designated a criminal conspiracy;
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation– It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
120B.(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, transportation or rigorous imprisonment for a term of two years or upwards or shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine, or with both.
.jpg)
.jpg)