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In force2024 Revised Edition
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Part · Abetment

48. Abetment of offence punishable with imprisonment if offence is not committed. If abettor or person abetted is public servant whose duty is to prevent offence

(1)

Any person who abets an offence punishable with imprisonment, if that offence is not committed in consequence of the abetment and no express provision is made by this Code for the punishment of such abetment, is guilty of an offence and liable on conviction to such fine as is provided for that offence, imprisonment for a term not exceeding to one-fourth of the longest term provided for that offence or both.

(2)

If the abettor or the person abetted under subsection (1) is a public servant, whose duty it is to prevent the commission of such offence, the abettor is guilty of an offence and liable on conviction to such fine as is provided for that offence, imprisonment for a term not exceeding to one-half of the longest term provided for that offence or both.

Illustrations

(a)

A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(b)

C, a public servant, whose duty is to prevent the sale of intoxicating liquor, abets the commission of the sale of intoxicating liquor. Here, though the sale is not committed, C is guilty of an offence and liable on conviction to a fine as is provided for that offence, imprisonment for a term not exceeding one-half of the longest term of imprisonment provided for that offence or both.

(c)

D abets the commission of sale of intoxicating liquor by E, a public servant, whose duty it is to prevent that offence. Here, though the sale is not committed, D is guilty of an offence and liable on conviction to a fine as is provided for that offence, imprisonment for a term not exceeding one-half of the longest term of imprisonment provided for that offence or both.

Report

Chapter IV

Chapter IV (General Offences) of Part 4 by the public generally, or by any number or group of persons exceeding ten, is guilty of an offence and liable

Part

Offences

Chapter I

Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad

Chapter II

Qatl and Causing Hurt

Chapter III

Withdrawal of Syahadah

Chapter IV

General Offences

Part

General

Schedules