Act 9 Illustrations— Penal Code Act 2008 (a) “A” is authorised by a warrant issued by a Court to arrest “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 arrest “C”. Under these facts, “B” abets by instigating the arrest of “C”. (b) “A”, a policeman, bound as such to give information of all designs to commit robbery, and knowing that “Z” intends to commit a robbery, illegally omits to give information of “Z’s” intention, knowing that the commission of the robbery is likely to be thereby facilitated. Under these facts, “A” has abetted the robbery. Explanation 2— (a) the abatement of the illegal omission of an act, may amount to an offence although the abettor may not himself or herself be bound to do that act. (b) 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 murder “C”. “B” refuses to do so, “A” is guilty of abetting “B” to commit murder. (b) “A” instigates “B” to murder “D”.“B” in pursuance of the instigation stabs “D”. “D” recovers from the wound. “A” is guilty of instigating “B” to commit murder; (c) “A”, with a guilty intention, abets a child or a lunatic in committing 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”. Under these facts, “A”, whether the act be committed or not, is guilty of abetting an offence. 46

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