Abetment in Criminal Law & Pakistan Penal Code

Abetment

Abetment of a thing u/s 109

• Someone instigate any person to do that thing
• Engage with one of more person
• Intentionally aid

Willful misrepresentation or willful concealment

Facilitate the offence, prior to or at the time of offence

Abettor u/s 108

• Who abets the commission of an offence or an act
• Some intention and knowledge as of abettor

Explanations

• Illegal omission of an act
• Not necessary that act abetted should be actually committed
• Not necessary that person abetted is capable by law
• Instigate B to instigate C to murder D is also abetment
• Engagement in criminal conspiracy is sufficient

If act abetted, committed, no specific provision then same punishment as of offence u/s 109

If acted abetted, different act is done, abettor is liable for that different act u/s 111

If abetted offence is punishable by Death or imprisonment of Life then;

• Punishment if offence committed is up to 14 year
• Punishment if offence not committed is 7 year

If abetted offence punishable with imprisonment then punishment 1/4^th of longest punishment u/s 116

Concealment of design of offence and such offence is punishable with Death or IOL then; – 118 PPC

• If such offence committed punished with up to 7 year
• If not committed punished with up to 3 year

Concealment of design of offence if punishable with imprisonment then; 120 PPC

• If committed 1/4^th of longest punishment
• If not committed 1/8^th of longest punishment