Question 1: Discuss in detail the modes of abetment with relevant case laws?

Definition of Abetment

According to Black’s Law Dictionary, “To encourage and assist someone, especially in the
commission of a crime, or to support a crime by active assistance is called as abetment”
The definition of abetment under Section 107, PPC requires a person to abet
the commission of an offence. Chapter 5 of the Pakistan Penal Code, 1860 deals with offences
relating to abetment. Abetment basically means the action of instigating, encouraging
or promoting a person into committing an offence. It can also mean aiding the offender while
he is committing a crime. When more than one person contributes to committing an offence,
each person’s involvement may vary. This variation may be either in the manner or in the
degree to which the involvement occurs.
Definition of Abettor:
Abettor is a person who encourages or assists in the commission of a crime. Abettor under
S.108 is a person who abets:
(i) the commission of an offence; or
(ii) the commission of an act which would be an offence if committed by a person not
suffering from any physical or mental incapability

Essentials of Abetment:
These are the following essentials of abetment:
(i)There must be an abettor.
(ii) He must abet
(iii) the abetment must be an offence.
Modes of Abetment:
This abetment may occur in any of the three Modes that the provision prescribes. When any of
these requirements exists, the offence of abetment is complete. Sometimes a person may
commit more than one of these three circumstances in a single offence. The Section says that
abetment basically takes place when a person abets the doing of a thing by:
(1) instigating a person to do that thing; or
(2) engaging with another person (or persons) in a conspiracy to do that thing; or
(3) intentionally aiding a person to do that thing.

(1) Abetment by Instigation

Instigation basically means suggesting, encouraging or inciting a person to do or abstain from

doing something. Instigation may take place either directly or indirectly, by written or
oral words, or even by gestures and hints.
Example: Where one person instigates another to the commission of an offence by means of a
letter sent through the post the offence of abetment by instigation is completed soon as the
contents of such letter become known to the addressee. If the letter never reaches the act is
only an attempt to abet.

Case Laws Abetment by instigation:

1. Citation number 4 CWN 500

A mere acquiescence, or permission does not amount to an
instigation. Nor can deliberate absence from the scene of offence amount to
instigation.
2. Citation number 1927 All 730
Instigation empties knowledge of the criminality of an act. Where the accused
expressed approval of the conduct Of certain persons who maltreating a tenant for
committing extortion and as a result of his suggestion that "the tenants ought to be
beaten," blows were inflicted,-it was held that the Accused’s remarks stimulate the
commission of an offence and thereof his conviction under this section was proper
3. Citation number 1923 Bom .44 A person is said to 'instigate' another to an act,
when he actively suggests or stimulates him to the act by any means or
language direct or indirect, whether it takes the form of express’s solicitation,
or of hints, insinuation, or encouragement.

4. Citation number 60 Cal 327 The Word 'instigate' means to goad or urge

forward or to provoke, incite, urge, or encourage to do an act. A mere intention
or preparation to instigate is neither instigation How abetment.' 

5. Citation number 1920 pat 502 Advice can become 'instigation' if it is meant
actively to suggest or stimulate the commission of an offence. Advice per se
cannot necessarily be instigation.' A mere acquiescence, or permission does not
amount to an instigation. 

2) Abetment by Conspiracy

Conspiracy basically means an agreement between two or more persons to commit an

unlawful act. Merely intending to commit an offence is not sufficient for this purpose.

a) Citation number 17 WR Cr .15

It is not necessary 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.'
Where parties concert together, and have a common object, the act of one of the parties done
in furtherance of the common object and in pursuance of the common plan is the act of the
whole
b) Citation number 24 Mad 523

Before the introduction of Chapter VA, conspiracy, except in cases

provided for by sections 121-A, 31 1, 400, 401 and 402, of the Code, was a mere
specie of abatement where an act or an illegal ornis ion took place in pursuance of
that conspiracy, and amounted to a distinct offence for each distinct offence
abetted by conspiracy.

c) Citation number 3 NWFP 316

Where a prepared herself to suicide in the presence of the accused and they followed her up
to the pyre and stood by her, her stepsons crying Ram"'. and one of the accused admitted that
he told the woman to say, Ram",' and She would become suttee, it was held that this
amounted to connivance and unequivocal countenance of the suicide on the part of the
accused.'

(3) Abetment by Aiding

The third manner in which abetment may take place is by intentionally aiding the offender in
committing that offence. This generally happens when the abettor facilitates the crime or helps
in committing it. The intention to aid the offender is very important.

Example: instigates B to commit suicide and C put poisonous drink in B’s hand. Here A and
C both are Abettors A by instigation and C by intentional aiding. Similarly, A will be held
guilty as abettor by intentional aiding if he provides B with a room for committing adultery or
rape

a) Citation number 24 Mad 523

Before the introduction of Chapter VA,conspiracy,except in cases
provided for by sections 121-A, 31 1, 400, 401 and 402, of the Code, was a mere
specie of abatement where an act or an illegal ornis ion took place in pursuance of
that conspiracy and amounted to a distinct offence for each distinct offence
abetted by conspiracy.

b) Citation number 3 NWFP 316

Where a prepared herself to suicide in the presence of the accused and they followed
her up to the pyre and stood by her, her stepsons crying Ram"'. and one of the accused
admitted that he told the woman to say, Ram",' and She would become suttee, it was
held that this amounted to
connivance and unequivocal countenance of the suicide on the part of the accused.'

c) Citation number PLD 1964 SC 266

Bribe giver is an abettor notwithstanding that bribe was only a special exemption in
favour paid Linder threats. Section 165~B, of such abettor absolving him of liability.'
d) Citation number 6Bom 126
Cases-By act-Presence at bigamous marriage.-A priest, who
officiated at a bigamous marriage, was held to have intentionally aided it but not
the persons who were merely present at the celebration or who permitted its
Celebration in their house, when such permission afforded no particular facility
for the act.