Act 9 Penal Code Act 2008 (2) If the abettor is a public servant whose duty is to prevent the commission of such offence, he or she shall be liable to imprisonment for a term not exceeding ten years or with a fine or with both. Illustration— “A” instigates “B” to murder “Z”. The offence is not committed. If “B” had murdered “Z” “B” would have been liable to the punishment of death. Therefore “A” is liable to imprisonment for a term not exceeding seven years or, if he or she is a public servant whose duty it is to prevent the murder, for a term not exceeding ten years and also in any event to a fine. 60. Abetment of Offence Subject to Sentence of Imprisonment if Offence is not Committed. (1) Whoever abets an offence, subject to the sentence of imprisonment, if that offence is not committed in consequence of the abetment and no express provision is made by this Act or by any other law for the conviction of such abetment, upon conviction, shall be sentenced to imprisonment for a term not exceeding one-fourth of the longest term provided for that offence or with a fine or with both. (2) If the abettor is a public servant whose duty is to prevent the commission of such offence, he or she, upon conviction, shall be sentenced to imprisonment for a term not exceeding one-half of the longest term provided for that offence or with such time as is provided for the offence or with a fine or with both. Illustration— “A”, a policeman whose duty is to prevent robbery, abets the commission of robbery. Under these facts, though the robbery be not committed, “A” is liable to one-half of the longest term of imprisonment provided for that offence and also to a fine. 51