Act 9 Explanation— Penal Code Act 2008 An act or offence is said to be committed in consequence 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. Illustrations— (a) “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”. (b) “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 or she 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. Under these facts, “B” is guilty of murder. “A” is guilty of abetting that offence by conspiracy and is liable to the punishment for murder. 54. Abetment if a Person Abetted Commits the Act with Different Intention from that of the Abettor. 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, upon conviction, shall be sentenced in accordance with the same provision that apply to 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. 55. Liability of Abettor when one act Abetted and Different Act Committed. When an act is abetted and a different act is committed, the abettor is liable for the act committed in the same manner and to the same extent as if he or she had directly abetted it; provided that, the act committed was a probable consequence of the 48

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