QLC PAKISTAN PENAL CODE

LLB I
Define abetment, what are different kinds of its punishment?
1. INTRODUCTION

Abetment itself is not a crime but it fixes responsibility in aiding to commit

an offence. Abettor is equally responsible as the principal offender is.

2008 PCrLJ 1105

Accusation of abetment must be proved by producing evidence showing prior meeting

of minds or act done by an accused during the occurrence
2. RELEVANT PROVISIONS OF LAW

Sec 107 through 120

3. INGREDIENTS TO CONSITUTE ABETMENT

i. Abetment of an offence
ii. By any of the following modes
a. Instigation, or
b. Engaging, or
c. Aiding
1995 PCRLJ 1424 (Kar)

Abetment---Mens rea---Element of criminality must be clearly spelt out before

a person is indicted for abetment.

4. DIAGRAMMATICAL INTERPRETATION

See diagrame at the end of hand out

5. EXPLANATION

Willful misrepresentation is also abetment

Concealment of some fact is also abetment

6. ILLUSTRATION

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 C is Z,
and thereby intentionally causes A to apprehend C. Here B abets by instigation the
apprehension of C.

7. WHO IS AN ABBETOR U/S 108

one who abets commission of an offence, or

An act which would have been an offence if committed by some person capable.

Commission Of Offence Not Condition

8. ILLUSTRATION
QLC PAKISTAN PENAL CODE
LLB I
Define abetment, what are different kinds of its punishment?

A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit

murder

9. ABETMENT OF OFFENCE TO BE COMMITTED OUTSIDE PAKISTAN

U/S 109

It is also an offence.

10. KINDS OF PUNISHMENT FOR ABETMENT

QLC PAKISTAN PENAL CODE
LLB I
Define abetment, what are different kinds of its punishment?

If offence abetted is if punishable other than other situations

Punishable with death death or imprisonment for life
Or imprisonment for life

If offence committed if not committed

U/s 109 u/s 115
Shall be punished with imprisonment
Punishment of same upto 7 years, &
Offence fine

If offence committed if not committed

Punished with same offence 1/4th of the longest term

Of imprisonment or fine

Act committed with Different Act done

Different intention u/s 111
u/s 110 liable for act done
Punished with punishment
Provided for offence abetted

Different effect as abetted u/s 113

Abettor is liable for effect caused

11. EXPLANATION

1) WHERE NO EXPRESS PROVISION FOR THAT ABETMENT U/S

109
Abettor shall be punished for act committed.
QLC PAKISTAN PENAL CODE
LLB I
Define abetment, what are different kinds of its punishment?

2) IF ACT IS DONE WITH DIFFERENT INTENTION U/S 110

Abettor shall be punished with offence which would have be committed if
intention of abettor and offender were same.

3) LIABILITY IF DIFFERENT ACT COMMITTED U/S 111

Abettor will be liable for offence done

4) EFFECT OF PRESENCE OF ABETTOR AT THE TIME OF

COMMISSION OF AN OFFENCE U/S 114
He shall be deemed to have committed that offence.

5) ABETMENT OF OFFENCE PUNISHABLE WITH DEATH OR

IMPRISONMENT FOR LIFE U/S 115
Shall be punished with imprisonment upto seven years, and
Fine

IF HURT IS CAUSED
Shall be punished with imprisonment upto fourteen years,
Fine

6) ABETMENT OF OFFENCE PUNISHABLE WITH

IMPRISONMENT U/S 116 NO OFFENCE COMMITTED
Imprisonment upto of the longest term of imprisonment
provided for that offence, or
With fine, or
Both

IF ABETTOR IS PUBLIC OFFICER

Imprisonment upto of the longest term of imprisonment
provided for that offence, or
With fine, or
Both

Add in heading 4 DIAGRAMMATICAL INTERPRETATION

QLC PAKISTAN PENAL CODE
LLB I ABETMENT
Define abetment, what are different kinds of its punishment?

Aiding , assisting or facilitating

Relevant provisions of PPC

Chapter V Ss. 107 through 120

Modes of Abetment

1. by instigation to do
that thing, it includes 2. by engaging with
One or more
persons

In any conspiracy
Willful misrepresentation Concealment
of fact
And some act or
illegal omission
takes place in
pursuance of that
conspiracy

3. Intentionally
aids,
By an act, or
Illegal
ommission