Judicial Dictionary - A
Abetment is an offence by itself and unless it is specifically made punishable in a special Act a person cannot be called upon to answer a charge of abetment in the absence of any specific provision in the special Act merely by reference to the Penal Code.
( Abdul Halim Pattadar Vs. M. Rahmat Ali, 33 DLR (1981) 379 )
Abetment as defined in section 107 of the Penal Code comprises of (i) instigation to do that thing which is an offence; (ii) engaging in any conspiracy for the doing of that thing.
( HM Ershad Vs. State, 45 DLR (AD) 48 )
The intentional aiding of the doing of a thing by illegal omission constitutes abetment. (Ashraf Ali vs. State (1957) 9 DLR 41) Abetment must be an act facilitating the commission of the offence. It must be some act done either prior to or at the time of the commission of the offence, and it cannot refer to any act done after the commission of the offence.
( Abdul Latif Mirdha Vs. Crown, 8 DLR (1956) 238 )
See, Section 107 of the Penal Code, 1860.
|Created On||May 8, 2010, 7:36 PM|