Name Muhammad omair

Class no: 259

Discuss in details the modes of abetment with
relevant case law
ABETMENT:
Abetment is a demonstration of empowering, inducing or
helping other individual to perform something which is against the actual intent of the law.
Abetment is a different and particular offense gave the thing abetted is an offense. Abetment
doesn't itself include the real commission of wrongdoing, it is a wrongdoing separated. Abetment
is affectation to an individual to do a demonstration in certain manner or help some other
individual in doing a demonstration which is an offense.

Definition of abetment:
Abetment is a legal term which means, to encourage or to provide help usually in wrongdoing.
Abetment is an urging to a person, to do an act in a certain way or help out someone in commission of an
act which in an offence.

CASE LAW DEFINITION:

Muthammal Vs Maruthathal 1981

"Abetment is a preparatory act and connotes active complicity on the part of the abettor at a
point of time prior to the actual commission of the offence."

Definition of abettor:
In Pakistan penal code section 108 deals with the definition of
abettor which is :

Abettor is a person who, urges to other person to commit a crime is called abettor
Mode of abetment :
1. Instigation (Uksana)

In the event that an individual abetting to someone else by instigating , for commission of an
illegal act or exclusion which is an offense, it is called abetment by instigation and abettor
additionally will be responsible for this offense. So in this sort of abetment, instigation can be
straightforwardly or in a roundabout way.

words, advices or signal which are being utilized for instigation

2. Conspiracy (Sazish)

On the off chance that an individual abetting to someone else by conspiracy for commission of
an illegal act or exclusion which is an offense, it is called abetment by conspiracy.

3.INTENTIONAL AIDING

AIDING implies help. On the off chance that any individual abetting to someone else by
intentional guide, for commission of an illegal act or exclusion which is an offense, it is called
reduction by siding and abettor additionally will be responsible for this offense. There can be at
least two man who will be

helping the guilty party lor commission the wrongdoing

Explanation:

1 | M i l i t a r y r o l e i n P a k i s t a n p o l i ti c s
Whenever a person encourages or helps another person to commit a crime, he is said to be
doing abetment. There are four stages of committing a crime.
(1) Mental stage
(2) Preparation
(3) Execution
(4) Concealment

Specifically speaking of abetment, a person becomes abettor when he involves himself in stage
1, 2 and 4. Executor is called principal. But under Pakistan Penal Code stage 1 and 2 come under
the category of abetment. Abetment is a separate and distinct offence provided the things
abetted is an offence. Abetment does not itself involve the actual commission of crime abetted.
It is crime apart or a distinct offence and not mere minor offence within the meaning of section
238 CrPC. (P L D 1961 Lah.212)

Punishments for abetment:

The detail of punishments for the act abetted by other and acts are
offensive in their nature are as following

Details are given under Section 109 to 120 of P.P.C

Unspecified Punsument
If any punishment has not been specified in the P.P.C for abetment, in
this case the abettor will be punished for the offence which has been committed in the result of
his abetment to offender

Commission of different act:

If person abetted who committed a different act for which he has
not been abetted but in addition to act abetted, in this case the abettor will be punished for each of the
offence

Commission by different way

If person abetted who committed an offence with a different way,
in this case the abettor will be punished according to the nature of offence committed

Commission of same act:

If 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 offence
committed

2 | M i l i t a r y r o l e i n P a k i s t a n p o l i ti c s
Presence of abettor on place of occurrence
If abettor is present at the time of
occurrence of the offence even act is commited by the person abetted, in this case the abettor will be
punished according to the nature of the offence committed

Abetment causes death:

If 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 be consisted on 14 years as well as also will be liable to fine or both.

Abettor is 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 offence
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 the persons more than 10 in number, they all will be punished with imprisonment which can be
up to three years or they will be fine or both

. Abettor designing the schedule

If abettor is designing the schedule for commission of an
offence 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 offence, but if offence is not committed, in this case abettor will be kept imprisoned
up to three years.

Abettor designing the schedule is publlc servant:

If abettor who public servant is
designing the schedule for commission of an offence 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 ten year in case of commission of an offence, but it offence is not committed, in this
case abettor will be kept imprisoned up to 205 years or fine 11.

Under section 118 P.P.C

With all conditions of section 118 of P.P.C under, if abettor is
designing the schedule for commission of an offence 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

3 | M i l i t a r y r o l e i n P a k i s t a n p o l i ti c s
of fine or both.

Objectives of Punishment
Following are the objectives of the punishment

1) The major objective of the punishment is the protection of the life from abettor

2) Second objective of the punishment is the protection of the property of the people

3) Another objective of the punishment is the protection of the state and country

4) Theory of punishment aim is the maintenance of the peace and equality

5) Protection of the culture and morality. Most important objective is protection of rights and liberties of
the people

6) The biggest aim of punishment is to disgrace the crimes and criminal activities

Preclude Remarks
- In this question there are two personalities should be exist, one who is known as person abetted and 2nd
who is known as abettor. Under Pakistan penal Code act, person abetted and abettor both will be held
responsible for an offence which may be committed by person abetted or by both. And they will be given
same punishment for offence according the nature of their offence. Abettor is a person who urges other or
helps other to commit a crime and person abetted is the person who commits the crime directly by his
hands.

Relevant cases law :

NLR 2007 SD 142. Muhammad Mushtaq V/S Muhammad Sikandar (SC.AJK)

Abetment is to be proved strictly by leading cogent evidence. Mere allegation of abetment would
not be sufficient to deprive a person concession of bail.

PLD 1970 Karachi(DB) 15. Muradali & another V/S The State

To sustain the charge of abetment of an offence, it is necessary that there must be some evidence
of an overt act or omission so as to suggest a pre-concert or a common design to commit a
particular offence. So long as the design rests in intention only short of overt act directed to the
commission of the offence, it is not indictable in law.’

4 | M i l i t a r y r o l e i n P a k i s t a n p o l i ti c s
PCr1996LJ 751. Muhammad shafi v/s Munawar Hussain [Lahore]

S.302/324/109/114/34 PPC .accused allegedly abetted qatli-i-amad and attempt to qati-i-

amad.Pws regarding abetment appeared in high court and filed affidavit controverting
prosecution to the extend of allegation of abetment .S.114 provided punishment for abetment if
the abettor was present at the time of occurrence and the accused being not alleged to have been
so present section 114 prima facia not applicable question wheter s,109 as amensese was
applicable to the case needed further enquiry. Bail granted

1995 PCrLJ 1424. Yasin Khan Babar V/S The State (Karachi).

Men rea. Element of criminality must be clearly spelt out before a person is indicated for
abetment

5 | M i l i t a r y r o l e i n P a k i s t a n p o l i ti c s