Section 47. Abettor. (SYARIAH CRIMINAL OFFENCES (SELANGOR) ENACTMENT 1995

ENACTMENT NO. 9 OF 1995
SYARIAH CRIMINAL OFFENCES (SELANGOR) ENACTMENT 1995

PART VII - ABETMENT AND ATTEMPT

Section 47. Abettor.

A person abets an offence who abets either the commission of an offence, or the commission of an act which would be offence if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

Explanation 1 - The abetment of the illegal omission of an act may amount to an offence, although the abettor may not himself be bound to do that act.

Explanation 2 - To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

ILLUSTRATION

A instigates B not to attend three consecutive Friday prayers. B refuses to do so. A is guilty of abetting B to commit the offence.

Explanation 3 - It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.

ILLUSTRATION

A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

Explanation 4 - The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

ILLUSTRATION

A instigates B to instigates C to consume an intoxicating drink. B accordingly instigates C to consume the drink, and C commits that offence in consequence of B's instigation. B is liable to be punished for his offence with the punishment for consuming intoxicating drink, and as A instigated B to commit the offence A is also liable to the same punishment.

Explanation 5 - It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.