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.
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