Question: 1.

Discuss in details the modes of abetment with relevant case law.

Answer:

Abetment
1) INTRODUCTION:
Abetment is an act of encouraging, inciting or aiding other person to perform something
which is against the spirit of the law. Abetment is a separate and distinct offence provided
the thing abetted is an offence. Abetment does not itself involve the actual commission of
crime, it is a crime apart. Abetment is instigation to a person to do an act in certain way
or aid some other person in doing an act which is an offence.
If a person who commits an act which is criminal act in its nature as a result of abetment, if
instigation, conspiracy or intentional aid will be proved behind the act committed, then it will be
called abetment otherwise there is no abetment. That's why mere the presence at the time of
occurrence of an offence will not be sufficient to make out a case of abetment. Abetment is a
provocation to person for commission of criminal act or a person who is being helped for commission
of an offence, such provocation will be called abetment, and the person who is helping the criminal
will be called abettor.

2) Meaning of abetment:
 Abetment is a legal term which means, to encourage or to provide help usually in
wrongdoing.
 Abetment is an urging to a person, to do an act in a certain way or help out someone in
commission of an act which in an offence.
3) Definition of abetment:
CASE LAW DEFINITION:
Muthammal Vs Maruthathal 1981
"Abetment is a preparatory act and connotes active complicity on the part of the abettor at a
point of time prior to the actual commission of the offence."
Definition under PPC:
Abatement is defined in section 107 of Pakistan Penal Code in three ways, which are as
follow.

 INSTIGATION:
To instigate any person to do that thing, that is an offence in the eye of law.
 CONSPIRACY:
To engage with one or more other person or persons in any conspiracy for the doing of the
 thing; if an act or illegal omission takes place in pursuance of that conspiracy, and in order to
doing of that thing; or
 AIDING:
Intentionally aids by any act or illegal omission, the doing of that thing.
A person wilfully misrepresented something or did not disclose some facts to which he
was bound to disclose. He by is consent conceal the facts and as result he help the commission
of crime.
Explanation:
Whenever a person encourages or helps another person to commit a crime, he is said to be
doing abetment. There are four stages of committing a crime.
(1) Mental stage
(2) Preparation
(3) Execution
(4) Concealment

Specifically speaking of abetment, a person becomes abettor when he involves himself in stage
1, 2 and 4. Executor is called principal. But under Pakistan Penal Code stage 1 and 2 come under
the category of abetment. Abetment is a separate and distinct offence provided the things
abetted is an offence. Abetment does not itself involve the actual commission of crime abetted.
It is crime apart or a distinct offence and not mere minor offence within the meaning of section
238 CrPC. (P L D 1961 Lah.212)

BLACK LAW DICTIONARY:

Black law defines abatement as “To encourage, incite or to set another to commit a
crime”

4) Definition of abettor:
section 108 of PPC deals with the abettor. “Abettor is a person who, urges to other person to commit
a crime is called abettor.”
5) Modes of abetment:
Following are the modes of abetment under the Pakistan Penal Code, Details are as under.

 Instigation:
The word “instigate” means to goad, to urge forward or to provoke. If a person abetting to
another person by instigating for commission of an illegal act or omission which is an offence, it
is called abetment by instigation and abettor also will be liable for this offence. In instigation a
person actively suggests and stimulates another person by any means to commit that offence or
stop him from doing his duty. So in this type of abetment, instigation can be directly or
indirectly, words, advices or gesture which is being used for instigation. An advice can also
become instigation if it actively encourages other to commit any offence. Advice per se cannot
be necessarily instigation. Instigation implies on the knowledge of criminality of an act. A person
accused of instigation stimulates for beating of tenant for his maltreating. His advice results in
 commission of the offence and therefore, his conviction under Section 330 and this section was
proper. (A I R 1927 All. 730)
MISREPRESENTATION:
misrepresentation means positive assertion or breach of any duty without intent to
deceive or gain advantage and innocently make a mistake as to substance of the thing.
It was held that if common intention is not borne out by facts, accused may be taken to
be aiding one another in crime. (P L D 1955 Lah. 575)

 Conspiracy:
If a person abetting to another person by conspiracy, for commission of an illegal act or omission
which is an offence, it is called abetment by conspiracy and abettor also will be liable for this
offence. So in this type of abetment, there must be a conspiracy and two or more persons are
required.
 Intentional aiding:
Aid means help, if a person abetting to another person by intentional aid, for commission
of an illegal act or omission which is an offence, it is called abetment by aiding and abettor also
will be liable for this offence. There can be two or more person who will be helping the offender
for commission the crime

6) Punishments for abetment

Following is the detail of punishments for the act abetted by other and acts are offensive in their nature.
Details are given under Section 109 to 120 of P.P.C

a. Unspecified Punsument
• If any punishment has not been specified in the P.P.C for abetment, in this case the abettor will
be punished for the offence which has been committed in the result of his abetment to offender
b. Commission of different act:
• If person abetted who committed a different act for which he has not been abetted but in
addition to act abetted, in this case the abettor will be punished for each of the offence
c. Commission by different way
• If person abetted who committed an offence with a different way, in this case the abettor will be
punished according to the nature of offence committed
d. Commission of same act:
• If person abetted who committed the same act for which he has been abetted but its result is different, in
this case the abettor will be punished according to the result of offence committed

e. Presence of abettor on place of occurrence

• If abettor is present at the time of occurrence of the offence even act is commited by the person
abetted, in this case the abettor will be punished according to the nature of the offence committed
f. Abetment causes death:
• If person abetted committed an act for which he has been abetted and if such abetment causes death to
any person, in this case the abettor will be punished with imprisonment which can be consisted on 14
years as well as also will be liable to fine or both.

g. Abettor is public servant

 If the person abetted or the abettor is a public servant, in this case the person abetted and abettor
will be punished with imprisonment according to the nature of offence committed as well as they
also will be fined or both
h. Abettors are more than 10:

- if the person abetted committed an act for which he has been abetted by the persons more than 10 in
number, they all will be punished with imprisonment which can be up to three years or they will be fine
or both

i. Abettor designing the schedule

• If abettor is designing the schedule for commission of an offence or omission from not to do which is
legal, by fully knowing the bad results of its designed schedule, in this case abettor will be punished with
imprisonment which can be up to seven year in case of commission of an offence, but if offence is not
committed, in this case abettor will be kept imprisoned up to three years.

j. Abettor designing the schedule is publlc servant:

 If abettor who public servant is designing the schedule for commission of an offence or omission
from not to do which is legal, by fully knowing the bad results of its designed schedule, in this
case abettor will be punished with imprisonment which can be up to ten year in case of
commission of an offence, but it offence is not committed, in this case abettor will be kept
imprisoned up to 205 years or fine 11. Under section 118 P.P.C
 With all conditions of section 118 of P.P.C under, if abettor is designing the schedule for
commission of an offence or omission from not to do which is legal, by fully knowing the bad
results of its designed schedule, in this case abettor will be punished with imprisonment of fine or
both.
7. Objectives of Punishment
Following are the objectives of the punishment

1) The major objective of the punishment is the protection of the life from abettor

2) Second objective of the punishment is the protection of the property of the people

3) Another objective of the punishment is the protection of the state and country

4) Theory of punishment aim is the maintenance of the peace and equality

5) Protection of the culture and morality. Most important objective is protection of rights
6) The biggest aim of punishment is to disgrace the crimes and criminal activities

8) Preclude Remarks
- In this question there are two personalities should be exist, one who is known as person abetted and 2nd
who is known as abettor. Under Pakistan penal Code act, person abetted and abettor both will be held
responsible for an offence which may be committed by person abetted or by both. And they will be given
same punishment for offence according the nature of their offence. Abettor is a person who urges other or
helps other to commit a crime and person abetted is the person who commits the crime directly by his
hands.