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Abetment
Introduction:
Abetment is an act of encouraging, inciting or aiding other person to perform something
which is against the spirit of the law. Abetment is a separate and distinct offence provided
the thing abetted is an offence. Abetment does not itself involve the actual commission of
crime, it is a crime apart. Abetment is instigation to a person to do an act in certain way or
aid some other person in doing an act which is an offence.
If a person who commits an act which is criminal act in its nature as a result of abetment, if
instigation, conspiracy or intentional aid will be proved behind the act committed, then it
will be called abetment otherwise there is no abetment. That’s why mere the presence at
the time of occurrence of an offence will not be sufficient to make out a case of abetment.
Abetment is a provocation to person for commission of criminal act or a person who is being
helped for commission of an offence, such provocation will be called abetment, and the
person who is helping the criminal will be called abettor.

Meaning of Abetment:
• Abetment is a legal tem which means, to encourage or to provide help usually in
wrongdoing.
• Abetment is an urging to a person, to do an act in a certain way or help out someone in
commission of an act which in an offence.

Definition of Abetment:
“Abetment is a preparatory act and connotes active complicity on the part of the abettor at
a point of time prior to the actual commission of the offence”.

• Definition under PPC:

Abetment is defined in Section 107 of Pakistan Penal Code in three ways, which are as
follow;
1) Instigation: To instigate any person to do that thing, that is an offence in the eye of law.

2) Conspiracy: To engage with one or more other person or persons in any conspiracy for
the doing of the thing; if an act or illegal omission takes place in pursuance of that
conspiracy, and in order to doing of that thing; or

3) Aiding: Intentionally aids by any act or illegal omission, the doing of that thing. A person
willfully misrepresented something or did not disclose some facts to which he was bound to
disclose. He by his consent conceals the facts and as result he helps the commission of
crime.

• Explanation:
Whenever a person encourages or helps another person to commit a crime, he is said to be
doing abetment. There are four stages of committing a crime.
(1) Mental stage.
(2) Preparation.
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(3) Execution.
(4) Concealment.

Specifically speaking of abetment, a person becomes abettor when he involves himself in

stage 1, 2 and 4. Executor is called principal. But under Pakistan Penal Code stage 1 and 2
come under the category of abetment. Abetment is a separate and distinct offence provided
the things abetted is an offence. Abetment does not itself involve the actual commission of
crime abetted. It is crime apart or a distinct offence and not mere minor offence within the
meaning of Section 238 CrPC. (P L D 1961 Lah. 212)

BLACK LAW Dictionary:

Black law defines abatement as “To encourage, incite or to set another to commit a crime”.

1) Definition of Abettor:
Section 108 of PPC deals with the abettor;
“Abettor is a person who, urges to other person to commit a crime is called abettor”.

2) Modes of Abetment:
Following are the modes of abetment under the Pakistan Penal Code which are as under;
(a) Instigation (Section 108):
The word “instigate” means to goad, to urge forward or to provoke. If a person abetting to
another person by instigating for commission of an illegal act or omission which is an
offence, it is called abetment by instigation and abettor also will be liable for this offence.
In instigation a person actively suggests and stimulates another person by any means to
commit that offence or stop him from doing his duty. So in this type of abetment, instigation
can be directly or indirectly, words, advices or gesture which is being used for instigation. An
advice can also become instigation if it actively encourages other to commit any offence.
Advice per se cannot be necessarily instigation. Instigation implies on the knowledge of
criminality of an act.

A person accused of instigation stimulates for beating of tenant for his maltreating. His
advice results in commission of the offence and therefore, his conviction under Section 330
and this section was proper. (A I R 1927 All. 730)

• Misrepresentation:
Misrepresentation means positive assertion or breach of any duty without intent to deceive
or gain advantage and innocently make a mistake as to substance of the thing. It was held
that if common intention is not borne out by facts, accused may be taken to be aiding one
another in crime. (P L D 1955 Lah. 575)

(b) Conspiracy (Section 108):

If a person abetting to another person by conspiracy, for commission of an illegal act or
omission which is an offence, it is called abetment by conspiracy and abettor also will be
liable for this offence. So in this type of abetment, there must be a conspiracy and two or
more persons are required.
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(c) Intentional aiding (Section 108):

Aid means help, if a person abetting to another person by intentional aid, for commission of
an illegal act or omission which is an offence, it is called abetment by aiding and abettor also
will be liable for this offence. There can be two or more person who will be helping the
offender for commission the crime.

(3) Punishment for Abetment:

Following is the detail of punishments for the act abetted by other and acts are offensive in
their nature. Details are given under Section 109 to 120 of PPC;

(a) Where no punishment is provided for abetment u/sec 109:

If no express provision in the code for the punishment of a particular abetment is made and
the act abetted is committed in consequence of the abetment. The abettor shall be awarded
the same punishment prescribed for the offence.

(b) Where offence committed with different intention of abettor u/sec110:

Where offence is committed with different intention or knowledge from that of abettor, the
punishment awarded to the abettor will be the same as provided for the offence of which
he abetted, and will on other.

(c) Act done is different from one abetted u/sec 111:

When an act is abetted and a different act is bone, the abettor is liable for the act done in
the same manner and to the same extent as if he had directly abetted it. But it is necessary
that the act done was a probable consequence of the abetment.

(d) Where different effect cause from act abetted u/sec 113:
Where the act done is the same as the act abetted but its effect than the abettor is liable for
the effect caused provided he know that the act abetted was likely to cause that effect.

(e) Presence of abettor when offence is committed u/sec 114:

If abettor is found present at the scene when offence was committed, he shall be punishable
in the same manner as if he himself has committed the offence.

(f) Abetment of offence punishable with death or imprisonment for life, if offence
not committed u/sec. 115:
If abetment is for not offence punishable with death or imprisonment for life and no express
provision for its punishment is made, the abettor shall be punished as under.
(i) If offence is not committed → 7 years and fine.
(ii) If act done cause hurt to any person → 14 years and fine.
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(g) Abetment of offence punishable with imprisonment if offence not committed

u/sec 116:
If abetment is for the offence punishable with imprisonment and no express provision for its
punishment is made, it shall be punished as under;
(i) If offence is not committed → Imprisonment of any description provided for that offence
for a term which may extend to one-fourth part of the longest term provided for that
offence or with fine or both.
(ii) If abettor is public servant → Imprisonment of any description for a term which may
extend to one-half of the longest term provided for that offence or with fine or both.

(h) Abetting commission of offence by the public or by more than 10 person

u/sec117:
Whoever abets the commission of an offence by the public generally or by any number or
class of person exceeding ten, shall be punished with imprisonment of either description for
a term which may extend to 3 years or with fine or with both.

(i) Concealment of design to commit offence (Section 118 to 120):

Section 118 to 120 penalizes the concealment of design to commit the offence in the
following manner.

(a) Offence Punishable With Death or Imprisonment for Life u/sec 118:
If offence is punishable with death or imprisonment for life; the same is
(i) Committed → Imprisonment that may extend to 7 years and fine.
(ii) Not committed → Imprisonment that may extend to 3 years and fine.

(b) Offence committed by public servant u/sec 119:

If a public servant intending to facilitate or knowing it to be likely that he will thereby
facilitate the commission of an offence which it is his duty as such public servant to prevent,
the punishment shall be;
(i) If offence is committed → Imprisonment for a term which may extend to one-half of the
longest term provided for the offence or with fine or both, and;
(ii) If it is punishable with death or imprisonment for life → the punishment may extend to
10 years.
(iii) If offence is not committed → he shall be punished with imprisonment for a term which
may extend to one-fourth part of the longest term provided for the offence or with fine or
both.

(c) Offence Punishable With Imprisonment U/sec 120:

If offence is punishable with imprisonment only;
(i) The offence is committed → Imprisonment that many extend to one-fourth provided for
the offence with or without fine.
(ii) Not committed → Imprisonment that may extend to one-eighth of the longest term
provided for the offence with or without fine.

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Criminal Conspiracy (Section 120-A

and 120-B)
1. Introduction:
Conspiracy is one of the forms of abetment and it differs from other offences in this respect
that unlike other offences, the intention to do a criminal act is itself sufficient no matter
whether it is done or not. Section 120-A and 120-B of PPC have brought the law of
Conspiracy in the country in line with the English law by making the overt act unessential
when the conspiracy is to commit any offence.

2. Relevant Provisions:
Following are the relevant provisions of PPC;
i) Section 120-A.
ii) Section 120-B.

A) Definition u/sec 120-A:

When two or more, persons agree to do or cause to be done;
i) an illegal act, or
ii) an act which is not legal by illegal means.
Such an agreement is designated a criminal conspiracy.

B) Ingredients:
Following are the essential ingredients of offence of criminal conspiracy.

i) Two or more persons: According to Section 120-A, at least two persons are required to
constitute the conspiracy. One person cannot be held guilty of conspiracy as he cannot
conspire with himself. Criminal conspiracy as envisaged in section 120-A, PPC must be
product of two consenting minds uninfluenced by any consideration of threat, intimidation,
coercion or undue influence. (P L D 1979 S.C. 53)

ii) Agreement between such persons: Agreement is not mere intention, but
announcement and acceptance of intentions. To constitute a criminal conspiracy, there
must be an agreement of two or more persons to do an act which is illegal or which is to be
done by illegal means.

• Case Law (1998 PSC 533):

It was held that the most important ingredient of the offence is the agreement between two
or more persons to do an illegal act.
• Mode of Agreement: Agreement may be express or implied or partly expressed and
partly implied.

iii) To do illegal act: The word illegal is defined u/sec 43 PPC as;
“Everything which is an offence or which is prohibited by law or which furnishes ground for
a civil action”.
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Offence of conspiracy completed as soon as agreement to do an illegal act is the ultimate

object of such agreement or is merely incidental to the object.
• Example:
A and B agrees to murder C. This is an offence and they are guilty u/sec 120-A.

iv) Legal act by illegal means: When two or more persons agree to do an act, which is
not illegal itself, may be guilty of criminal conspiracy u/sec 120-A when they agree to do or
cause to be done that act by illegal means.
• Example:
A, B and C agree to sell clothes without paying custom duty on it. They are guilty u/sec 120-
A.

• Agreement to commit an offence and Agreement which is illegal but not

constitute an offence:
The proviso to section 120-A draws a distinction between an agreement to commit an
offence and an agreement of which either the object or the methods employed are illegal
but do not constitute an offence. In the case of former, the criminal conspiracy is completed
by the act of agreement; in the case of the latter, there must be some act done by one or
more of the parties to the agreement to effect thereof i.e. there must be an overt act.

C) Proof of Criminal Conspiracy:

Conspiracy may be established by direct or indirect evidence such as circumstantial
evidence. Evidence need to be considered together and its cumulative effect to be weighed
and given effect. According to Article 23 of Qanoon-e-Shahadat Ordinance, 1984 (QSO), the
act done by one is admissible against the co-conspirators.

Punishment u/sec 120-B:

i) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,
imprisonment for a term of two years or upwards, shall where no express provision is made
in the code for the punishment of such conspiracy, be punished in the same manner as if he
had abetted offence.
ii) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an
offence punishable as aforesaid shall be punished with imprisonment of either description
for a term not exceeding six months or with fine or with both.

• Conspiracy to commit offences punishable by Section 121-A:

Whoever within or outside Pakistan conspires to;
i) Commit any of the offence punishable by sec 121 i.e. Waging or attempting to wage war
or abetting waging of war against Pakistan, or
ii) Deprive Pakistan of the Sovereignty of her territories or any part thereof, or
iii) Overawe (something more than mere apprehension. It is a situation where one feels to
choose between yielding to force or exposing to serious danger) the Federal Government or
any Provincial Government by means of criminal force or show of it. He shall be punished
with Imprisonment for life or with imprisonment of either description which may extend to
ten years and shall also be liable to fine.
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Difference between Criminal Conspiracy and Abetment:

Following are the difference between Criminal Conspiracy and Abetment;
1) Gist of offence:
The gist of the offence of criminal conspiracy is a bare agreement to commit an offence. The
offence of abetment requires that an act or illegal omission must take place in pursuance of
the conspiracy.

2) Form:
Abetment is a total complete offence. Conspiracy is one of the forms of abetment.

3) Punishment:
Section 109 of PPC is concerned only with the punishment of abetments for which no
express provision is made under the penal code. A charge u/sec 190, should therefore be
along with some other substantive offence committed in consequence of abetment. The
offence of criminal conspiracy is an independent offence. It is made punishable u/sec 120-B.

4) Scope:
Abetment by conspiracy is narrow in scope. Criminal conspiracy is wider in scope.

Conclusion:
To conclude, we can say that the offence of criminal conspiracy is a substantive offence and
is punishable as such. It has nothing to do with abetment although it is one of the ways by
which offence of abetment may be committed. It is wider in scope and covers acts which do
not amount to abetment by conspiracy within the meaning of section 107.
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