Section 109
of Penal Code
Section 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
Penal Code
CAP. 22 61
for the punishment of such abetment. be punished with the punishment provided for the offence.
-ation
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Anxtruffence is saidto*
committed inconsequence 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.
a
Illustr-utions
(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 abetted the offence defined in section 16 1.
(6)
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 poison Z. A, in pursuance of the conspiracy procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy administers the poison to Z in A's absence and thereby causes Z's death. Here, B is guilty of murder. A is guilty of abetting that offence by conspiracy and is likely to the punishment for murder.
Punishment of abetment if person abetted does act with different intention from that of abettor 110.
Whoever abets the commission of an offence shall. if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.