Section 35. Abettor. (SYARIAH CRIMINAL (NEGERI SEMBILAN) ENACTMENT 1992 -

Enactment No. 4 of 1992
SYARIAH CRIMINAL (NEGERI SEMBILAN) ENACTMENT 1992 -

PART III OF ABETMENT

Section 35. Abettor.

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 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. from attending 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.

ILLUSTRATIONS

(a) A., with a guilty intention, abets a child or a lunatic 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.

(b) A., with the intention of murdering Z., instigates B., a child who has not attained the age of baligh, to do an act which causes Z.'s death. B., in consequence of the abetment, does the act, and thereby causes Z.'s death. Here, though B. was not capable by law of committing an offence, A. is liable to be punished in the same manner as if B. had been capable by law of committing an offence and had committed murder, and he is therefore subject to the punishment of death.

(c) A. instigates B. to consume liquor. B., in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, consumed it in consequence of A.'sinstigation.B. has committed no offence, but A. is guilty of abetting the offence of consuming liquor, and is liable to the punishment provided for that 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 instigate C. to consume liquor. B. accordingly instigates C. to consume liquor, and C. commits that offence in consequence of B.'s instigation. B. is liable to be punished for his offence with the punishment of consuming liquor, 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 engage in the conspiracy in pursuance of which the offence is committed.

ILLUSTRATION

A. concerts with B. a plan to falsify a certain court order so that Z. bears a consequence thereof. It is agreed that A. shall falsify the order. B. then explains the plan to C., mentioning that a third person is to falsify the order, but without mentioning A.'s name. C. agrees to procure the court's seal and delivers it to B. for the purpose of its being used in the manner explained. A. falsifies the order by using the said seal; Z. suffers in consequence. Here, though A. and C. have not conspired together, yet C. has been engaged in the conspiracy in pursuance of which Z. suffered. C. has therefore committed the offence defined in his section, and is liable to the punishment for the said offence.