22nd. OCTOBER, 2013
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 the effect requisite to constitute the offence should be caused.
Illustrations
- (a) A instigates B to commit qatl against C. B refuses to do so. A is guilty of abetting B to commit qatl.
- (b) D instigates E to commit qatl against F. E in pursuance of the instigation stabs F. F recovers from the wound. D is guilty of instigating E to commit qatl.
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 person who is not baligh or a person of unsound mind 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) B, with the intention to commit qatl against C, instigates D, a person who is not baligh, to do an act which causes C's death. D, in consequence of the abetment, does the act and thereby causes C's death. Here, though D was not capable by law of committing an offence, B, is liable to be punished in the same manner as if D had been capable by law of committing an offence and had committed the offence of qatl, and B is therefore subject to the punishment of abetment of qatl.
- (c) E, with the intention to offering an intoxicating drink to F, instigates G, a person who is of unsound mind, to offer an intoxicating drink to F. In consequence of the abetment, G does the act in the absence of E and thereby offers an intoxicating drink to F. Here, though G was not capable by law of committing an offence, E is liable to be punished in the same manner as if G had been capable by law of committing an offence and had committed the offence of offering an intoxicating drink and E is therefore subject to the punishment of offering intoxicating drink.
- (d) A, intending to cause sariqah 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 this misconception, does not take dishonestly, and therefore does not commit sariqah. But A is guilty of abetting sariqah, and is liable to punishment of abetting sariqah.
Explanation 4—The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
1691
