Syariah Penal Code · s 43

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s 43Liability of abettor when one act abetted and different act done

When an act is abetted and a different act is done, the abettor is liable for the act done in the same manner and to the same extent as if he had directly abetted it:

Provided that, the act done shall be a probable consequence of the abetment, and shall be committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

Illustration

A instigates a child who is not baligh to put poison into the food of B and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of C, which is by the side of that of B. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of C.