Q # 09: Define abetment? Discuss the criminal liability of an abettor in different circumstances? 1) Preface Fact ‘ef 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 abetmentiotherwise 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. ‘Abetmentis 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 Abetmentis a legal term which means, to encourage or to provide help usually in wrongdoing 3) Definition of abetment Abetmentis 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: 4) Definition of abettor © Abettor is a person who, urges to other persom to commit a crime is called abettor 5) Kinds of abetment Following are the kinds of abetment under the Pakistan Penal Code, Details are as under 1. Instigation (Uksana) ‘Ifa person abetting to another person by instigating, for commission of an ilegal act or ‘omission which is an offence, it is called abetment by instigation and abettor also will be lable for this offence. Soin this type of abetment, instigation can be directly or indirectly, words, advices or gesture which are being used for instigation 2. Conspiracy (Sazish) © Ifa person abetting to another person by conspiracy, for commission of an illegal act or omission which is an offence, it is called @b@timéifitiby conspiracy and abettor also will be lable for this offence. So inthis type of abetment, there must be a conspiracy and two or more persons are required 3. 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, its called abetmentiby aiding and abettor also will be lable 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 isthe 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 1. Unspecified punishment +s ifany 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 abetmentto offender 2. 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 3. Commission by different way I person abetted who committed an offence with a different way, inthis case the abettor will be punished according to the nature of offence committed 4. Commission of same act + If person abetted who committed the same act for which he has been abetted but its result is different, inthis case the abettor will be punished according to the result of offence committed 5. 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 6. Abetineniticauses death + Mf person abetted committed an act for which he has been abetted and ifsuch abbetment ‘causes death to any person, in this case the abertor will be punished with imprisonment which can be consisted on 14 years as well as also willbe lable to fine oF both 7. Abettor is public servant‘* Ifthe person abetted or the abettor is a public servant, in this case the person abetted and abettor will be punished with imprisonment according tothe nature of offence committed as well as they also willbe fined or both 8. Abettors are more than 10 + Ifthe person abetted committed an act for which he has been abetted by the persons ‘more than 10 in number, they all wil be punished with imprisonment which can be up to ‘three years or they will be fine or both 9. Abettor designing the schedule + If abettor is designing the schedule for commission of an offence or omission from not to-do which Es legal, by fully knowing the bad results of its designed schedule, inthis case abettor wll be punished with imprisonment which can be up to seven year incase of ‘commission of an offence, but if offence fs not committed , in this case abettor will be kept imprisoned up to three years 10. Abettor designing the schedule is public servant +f 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 resutts 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 if 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 or 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) Pratection of the culture and morality. Most important objective is protection of rights and liberties of the people65) The biggest aim of punishment isto 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 2. 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 isthe person who commits the crime directly by his hands 38/86