CHAPTER V
ABETMENT
109. Abebnent defined
A person abets the doing of a thing, who:-
(a) instigates any person to do that thing; or
(b) engages with one or more person or persons in any conspiracy for the doing of that thing; or
(c) intentionally aids or facilitates by any act or illegal omission the doing of that thing.
110. Abetment of offence defined
A person abets an offence who abets either the commission of an offence or the commission of an act which would be an offence, if committed with the same intention or knowledge as that of the abettor by a person capable by law of committing an offence.
111. Abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
Whoever abets any offence shall, if the act abetted is committed inconsequence of the abetment and no express provision is made by this Shari'ah Penal Code or by any other law for the time being in force for the punishment of such abetment, be punished with the punishment provided for the offence.
112. Abetment if person abetted does act with different intention from that of 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, be punished with the punishment provided for 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.
113. Liability of abettor when one act abetted and different act done
When an act if abetted and a different act is done and the act done was a probable consequence of the abetment and was committed under the influence of the instigation or in pursuance of the conspiracy or with the aid which constitutes the abetment, the abettor is liable for the act done in the same manner and to the same extent as if he had directly abetted it.
114. Abettor when liable to cumulative punishment for act abetted and for act done
If the act for which the abettor is liable under section 87 is committed in addition to the act abetted and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
115. Liability of abettor for an effect caused by act abetted different from that intended by abettor
When an act is abetted with the intention on the part of the abettor of causing a particular effect and an act for which the abettor is liable in consequence of the abetment causes a different effect from that intended by the abettor, the abettor is liable for the effect caused in the same manner and to the same extent as if he abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.
116. Abettor present when offence committed liable as principal
Whenever any person who if absent would be liable to be punished as an abettor is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
117. Abetment of offence punishable with death or imprisonment for life if offence not committed
(1) Whoever abets the commission of an offence punishable with death or imprisonment for life shall, if that offence is not committed in consequence of the abetment and no express provision is made by this Shari'ah Penal Code or by any other Act or Law for the time being in force for the punishment of such abetment, be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
(2) If the abettor is a public servant whose duty it is to prevent the commission of such offence, he shall be liable to imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
118. Abetment of offence punishable with imprisonment if offence is not committed
(1) Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment and no express provision is made by this Shari'ah Penal Code or by any other Act or Law for the time being in force for the punishment of such abetment, be punished with imprisonment for a term which may extend to one fourth part of the longest term provided for that offence or with such fine as is provided for that offence or with both.
(2) If the abettor is a public servant whose duty it is to prevent the commission of such offence, he shall be liable to imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to fifty lashes.
119. Abetting commission of offence by the public or by more than ten persons
Whoever abets the commission of an offence by the public generally or by any member or class of persons exceeding ten, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
120. Administering unlawful oath
Whoever administers, or takes, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind that person who takes it to commit any offence shall be punished:-
a. with imprisonment for a term which may extend to two years or with fine or with both; and
b. if the offence is an offence punishable with death, with imprisonment for a term which may extend to five years, or with fine or with both.