Abetment
Define abetment. Discuss the criminal liability of an abettor in different circumstances.
Introduction
If a person commits an act that is a criminal act in its nature as a result of abetment, if instigation, conspiracy, or intentional aid will be proved behind the act committed, then it will be called abetment otherwise there is no abetment. That’s why mere presence at the time of occurrence of an offense will not be sufficient to make out a case of abetment. Abetment is a provocation to a person for the commission of a criminal act or a person who is being helped for the commission of an offense, such provocation will be called abetment, and the person who is helping the criminal will be called abettor
Meaning of abetment
Abetment is a legal term that means, to encourage or to provide help usually in wrongdoing
Definition of abetment
Abetment is an urging to a person, to do an act in a certain way or help out someone in the commission of an act that is an offense
Definition of abettor
An abettor is a person who urges another person to commit a crime is called abettor
Kinds of abetment
Following are the kinds of abetment under the Pakistan Penal Code, Details are as under
Instigation
If a person abetted to another person by instigating, for the commission of an illegal act or omission which is an offense, it is called abetment by instigation and the abettor also will be liable for this offense. So in this type of abetment, instigation can be directly or indirectly, words, advice, or gestures are being used for instigation
Conspiracy
If a person abetted to another person by conspiracy, for the commission of an illegal act or omission which is an offense, it is called abetment by conspiracy and the abettor also will be liable for this offense. So in this type of abetment, there must be a conspiracy and two or more persons are required
Intentional aiding
Aid means help, if a person abetting to another person by intentional aid, for the commission of an illegal act or omission which is an offense, it is called abetment by aiding and the abettor also will be liable for this offense. There can be two or more people who will be helping the offender commission the crime
Punishments for abetment
Following is the detail of punishments for acts abetted by others and acts that are offensive. Details are given under Sections 109 to 120 of P.P.C
Unspecified punishment
If any punishment has not been specified in the P.P.C for abetment, in this case, the abettor will be punished for the offense that has been committed as the result of his abetment to the offender
Commission of a different act
If a person abetted committed a different act for which he has not been abetted but in addition to the act abetted, in this case, the abettor will be punished for each of the offense
Commission in a different way
If a person abetted who committed an offense differently, in this case, the abettor will be punished according to the nature of the offense committed
Commission of the same act
If a person abetted who committed the same act for which he has been abetted but its result is different, in this case, the abettor will be punished according to the result of the offense committed
Presence of abettor at place of occurrence
If the abettor is present at the time of occurrence of the offense even act is committed by the person abetted, in this case, the abettor will be punished according to the nature of the offense committed
Abetment causes death
If a person abetted committed an act for which he has been abetted and if such abetment causes death to any person, in this case, the abettor will be punished with imprisonment which can consist of 14 years as well as also will be liable to a fine or both
Abettor is a public servant
If the person abetted or the abettor is a public servant, in this case, the person abetted and abettor will be punished with imprisonment according to the nature of the offense committed as well as they also will be fined or both
Abettors are more than 10
If the person abetted committed an act for which he has been abetted by persons more than 10 in number, they all will be punished with imprisonment which can be up to three years or they will be fined or both
Abettor designing the schedule
If the abettor is designing the schedule for the commission of an offense or omission from not to do which is legal, by fully knowing the bad results of its designed schedule, in this case, abettor will be punished with imprisonment which can be up to seven-year in case of commission of an offense, but if the offense is not committed, in this case, abettor will be kept imprisoned up to three years
The abettor designing the schedule is a public servant
If the abettor whom the public servant is designing the schedule for the commission of an offense or omission from not to do which is legally, by fully knowing the bad results of its designed schedule, in this case, the abettor will be punished with imprisonment which can be up to ten years in case of commission of an offense, but if the offense is not committed, in this case, abettor will be kept imprisoned up to 205 years or fine
Under section 118 P.P.C
With all conditions of section 118 of P.P.C under, If an abettor is designing the schedule for the commission of an offense or omission from not to do which is legal, by fully knowing the bad results of its designed schedule, in this case, the abettor will be punished with imprisonment or fine or both
Objectives of Punishment
Following are the objectives of the punishment
- The major objective of the punishment is the protection of the life from abettor
- The second objective of the punishment is the protection of the property of the people
- Another objective of the punishment is the protection of the state and country
- The theory of punishment aim is the maintenance of peace and equality
- Protection of culture and morality. The most important objective is the protection of the rights and liberties of the people
- The biggest aim of punishment is to disgrace the crimes and criminal activities
Conclusion
In this question, two personalities should exist, one who is known as a person abettor and 2nd who is known as an abettor. Under the Pakistan Penal Code Act, the person abetted and abettor both will be held responsible for an offense that may be committed by the person abetted or by both. And they will be given the same punishment for the offense according to the nature of their offense. Abettor is a person who urges or helps others to commit a crime and a person abetted is a person who commits the crime directly with his hands