ABETMENT

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ABETMENT-PAKISTAN PENAL CODE 1860 Abetment defined: 107. Abetment of a thing: A person abets the doing of a thing, who: First: Instigates any person to do that thing; or Secondly: Engages with one or more other person or, persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, And in order to the doing of that thing; or Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1: A p
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  ABETMENT-PAKISTAN PENAL CODE 1860Abetment defined:107. Abetment of a thing: A person abets the doing of a thing, who: First: Instigates any person to do that thing; or Secondly: Engages with one or more other person or, persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, And in order to the doing of that thing; or Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing.Explanation 1: A person who, by willful misrepresentation, or by willful concealment of amaterial fact which he is bound to disclose, voluntarily causes or procures, or attempts to causeor procures a thing to be done, is said to instigate the doing of that thing.  Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B,knowing that fact and also that C is not Z, willfully presents to A that C is Z, and therebyintentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.Explanation 2: Whoever, either prior to or at the time of commission of an act, does anything inorder to facilitate the commission of that act, and thereby facilitates the commission thereof, issaid to aid the doing of that act. 108. 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 anoffence 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 althoughthe 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 abettedshould be committed, or that the effect requisite to constitute the offence should be caused.  Illustrations ( a) A instigates 8 to murder C, B refuses to do so. A is guilty of abetting B to commit murder.  (  b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from thewound. A is guilty of instigating B to commit murder.Explanation 3: It is not necessary that the person abetted should be capable by law of committingan 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 anoffence, if committed by a person capable by law of committing an offence, and having the sameintention 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 isalso an offence.  Illustration A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and commitsthat offence in consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder; 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 conspiracythat the abettor should concert the offence with the person who commits it. It is sufficient if heengages in the conspiracy in pursuance of which the offence is committed.  Illustration A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B thenexplains the plan to C mentioning that a third person to administer the poison, but withoutmentioning A's name. C agrees to procure the poison and procures and delivers it to B for the purpose of its being used in the manner explained. A administer the poison; Z dies inconsequence. Here, though A and C have not conspired together, yet C has been engaged in theconspiracy in pursuance of which Z has been murdered. C has, therefore, committed the offencedefined in this section and is liable to the punishment for murder.  109. Punishment of abetment if the Act abetted committed In consequence and where noexpress provision is made for its punishment: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment,and no express provision is made by this Code, for the punishment of such abetment, be punished with the punishment provided for the offence: Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence referred to in Chapter XVI shall be liable to punishment of ta'zir specified for such offence including death. Explanation: An act or offence is said-to be committed in consequence of abetment, when it iscommitted in consequence of the instigation, or in pursuance of the conspiracy, or with the aidwhich constitutes the abetment.  Illustrations ( a) A offers a bribe to B, a public servant, as a reward for showing A some favor in the exerciseof B's official functions. B accepts the bribe. A has abetted the offence defined in Section 161. (  b) A instigates B to give false evidence. B, in consequence of the instigation commits thatoffence. A is guilty of abetting that offence, and is liable to the same punishment as B. LEADING CASE ON ABETMENT IN CONSTITUTIONAL HISTORY OF PAKISTAN   ZULFIQAR ALI BHUTTO AND OTHER VS THE STATEThe Trial of Zulfikar Ali Bhutto Zulfikar Ali Bhutto the founder of the Pakistan Peoples Party ( PPP), the largest and the mostinfluential political party in Pakistan had also served as the President of Pakistan from 1971 to 1973and as Prime Minister from 1973 to 1977. Educated at the University of California at Berkeley inthe United States and University of Oxford in the United Kingdom, he was executed in 1979 by theSupreme Court of Pakistan for authorizing the murder of a political opponent Nawab MohammedAhmed Qasuri, a move that was taken under the directives of General Muhammad Zia-ul-Haq.  After General Zia declared Martial Law in the country on the 5th July 1977, Bhutto and members ohis cabinet were arrested by troops of General Zia. Under martial law Pakistan was under thetemporary rule of military authorities. The constitution was suspended all assemblies weredissolved civil rights also stood suspended the normal activities of civil court were restricted. In away there was no Rule of Law in Pakistan. But Zia promised that elections would take place inOctober. The validity of martial law was challenged in Zulfiqar Ali Bhutto v. State , the Court on10th November 1977 unanimously validated imposition of martial law over the country under the³doctrine of necessity´.The court held ³The reason underlying such a view obviously is that once an extra-Constitutionalaction or intervention is validated on the ground of State or civil necessity, then, as a logicalcorollary it follows that the new Regime or Administration must be permitted, in the public interest,not only to run the day-to-day affairs of the country, but also to work towards the achievement othe objectives on the basis of which its intervention has earned validation.In other words, if it can be shown that the impugned action reasonably falls within one or the other of the enumerated categories, then it must be construed as being necessary and thus held validunder the law of necessity 2 .´ Thus the imposition of Martial Law, therefore, stands validated on thedoctrine of necessity. Bhutto was later released on July 29.Bhutto was arrested again on 3rd September 1977 on charges of ³conspiracy to murder´ under Chapter XVI of Pakistan Penal Code 1860, for authorizing the murder of a political opponent whowas a 35-year-old politician by the name of Nawab Mohammed Ahmed Qasuri, in March 1974. Itwas alleged that Bhuto had targeted an assault on Nawab Mohammed¶s car on 11th November 1974. Bhutto was released within 10 days after his arrest on 13th September 1977 after, JusticeK.M.A. Samdani of the Lahore High Court, found the evidence ³contradictory and incomplete´.Justice Samdani had to pay for this; he was immediately removed from the court and placed at thedisposal of the law ministry. Fearing another arrest, Bhutto named his wife, Nusrat, the president othe Pakistan People's Party.Three days later on 17th September 1977 General Zia arrested Bhutto again with other number andleaders of PPP on the same charges, this time under ³martial law´, and moreover Bhutto wasdisqualified them from contesting in elections. Bhutto¶s trial began on October 24th October 1977.Bhutto was held in detention for a month. Zia pledged that new elections would be held within 90days but he kept postponing the elections time again.Bhutto was tried for Qatl-e-Amd ( murder) under Section 300 of The Pakistan Penal Code whichreads as ³Qatl-e-Amd: Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to causedeath, or with-the knowledge that his act is so imminently dangerous that it must in all probabilitycause death, causes the death of such person, is said to commit qatl-e-amd.´, for which the
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