Code
Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
Explanation
- This section applies when the abettor’s intention regarding the outcome of the crime differs from the actual outcome.
- The abettor may have intended to cause a lesser offence, but the crime committed is more serious.
- The abettor may have intended a specific outcome, but the actual outcome is different.
- The punishment is based on the more severe of the two offences: the one abetted and the one intended or likely to be caused.
Illustration
Example: A person abets another to steal a mobile phone. The abettor only intended to cause theft of a mobile phone. However, during the robbery, the person committing the theft also assaults the victim. In this case, the abettor is liable for the more severe offence, which is robbery and assault, even though the abettor’s intention was only to abet theft.
Common Questions and Answers
Q: What is the difference between abetment and aiding?
A: Abetment involves intentionally encouraging, instigating, or aiding someone to commit a crime. Aiding refers to providing material assistance, but without the intent to encourage or instigate.
Q: What if the abettor did not know about the possibility of a more serious outcome?
A: This section applies even if the abettor was unaware of the possibility of a more serious outcome. If the outcome was a natural and probable consequence of the abetted act, the abettor is still liable.
Q: What if the actual offence is less severe than the intended offence?
A: In such cases, the punishment is based on the offence that was actually committed. This is because the abettor cannot be punished for an offence more serious than the one actually committed, even if they intended to cause a more severe offence.
