Explanation 4:- abetment of an offence being an offence, the abetment of such an
abetment is also an offence.
Illustration:- (“A”) instigates (“B”) to instigate (“C”) to murder (“Z”). (“B”)
accordingly instigates (“C”) to murder (Z”) and (“C”) commits that
offence inconsequence of (“B’s” instigation. (“B”) is liable to be punished
for his offence with the punishment for murder; and, as (“A”) instigated
(“B”) to commit the offence, (“A”) is also liable to the same punishment.
Explanation 5:- It is not necessary to the commission of the offence of abetment by
conspiracy that the abettor should concert the offence with the person who
commits it. It is sufficient if he engages in the conspiracy in pursuance of
which the offence is committed.
Illustration:(“A”) concerts with (“B”) a plan for poisoning (“Z”). It is agreed that
(“A”) shall administer the poison. (“B”) then explains the plan to (“C”)
mentioning that a third person is to administer the poison but without
mentioning (“A’s”) name. (“C”) agrees to procure the poison and procures
and delivers it to (“B”) for the purpose of its being used in the manner
explained. (“A”) administers the poison; (“Z”) dies in consequence. Here,
though (“A”) and (“C”) have not conspired together, yet (“C”) has been
engaged in the conspiracy in pursuance of which (“Z”) has been murdered.
(“C”) has therefore committed the offence defined in this section and is
liable to the punishment for murder.
Section 84 -
“Abetment if the Act Abetted is Committed in Consequence and
where no Express Provision is made for its Punishment”: Whoever
abets any offence shall, if the act abetted is committed in consequence of
the abetment and no express provision is made by this Code or by any
other law for the time being in force for the punishment of such abetment,
be punished with 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.
Illustrations:(a) (“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”).
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