41. Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment

Save as otherwise expressly provided, any person who abets an offence, if the act abetted is committed in consequence of the abetment, is guilty of an offence and shall be liable on conviction to the punishment provided for the offence.

Explanation — An act or offence is said to be committed in consequence of abetment when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

Syariah Penal Code

Illustrations

A instigates B to give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

C and D conspire to commit qatl by using poison on E. C, in pursuance of the conspiracy procures the poison and delivers it to D in order that he may administer it to E. D, in pursuance of the conspiracy administers the poison to E in C’s absence, and thereby causes E’s death. Here D is guilty of the offence of qatl by using poison. C is guilty of abetting that offence by conspiracy and is liable to the punishment for the offence of abetting to commit qatl by using poison.