Liability Of Abettor When One Or More Acts Abetted
IPC SECTION 111-INDIAN PENAL CODE-"LIABILITY OF ABETTOR WHEN ONE ACT ABETTED AND DIFFERENT ACT DONE"
When an act is abetted and another act is done, the abettor is liable for the act done in the same manner and to the same extent as if he directly abetted it:
Provided that the act done was a probable result of the abetment, and was done under the influence of the provocation, or with the aid of or in pursuance of a conspiracy which constituted the abetment.
Explanation
Through this section, we can understand that any act abetted is done by the instigation of the person would be considered the crime and the punishment would be the same as the offence committed by the instigation.
Illustration-
(a) A tries to instigate a child to kill Z by poisoning his food, but the child by mistake poison the food of Y, in this case, A would be held liable for the murder of Y as he instigated a child to kill Z as the child was working in the influence of the instigation of A, and the act done was under the conditions a likely result of the abetment.
(b) G tries to instigate H to burn a house, H by instigating of the G burns the house and also robs the house. Although G is guilty of the burning of the house and not the robbing of the house.
(c) A instigates B and C to rob a house at midnight and A also provides them with weapons for that purpose. B and C break into the house, but Z tries to stop them and one of them murder Z. Here, if that murder was the likely moment of the abetment, A is liable to the punishment provided for murder.
Classification of the offence
Punishment is Same for offence intended to be abetted According as offence abetted is cognizable or non-cognizable it is (ii) According as offence abetted is bailable or non-bailable (iii) Triable by the court by which offence abetted is triable Non-compoundable.
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