(b) (“A”), a policeman, bound as such to give information of all designs
to commit robbery and knowing that (“Z”) intends to commit a robbery,
illegally omits to give information of (“Z’s”) intention, knowing that the
commission of the robbery is likely to be thereby facilitated. Here (“A”)
has abetted the robbery.
Section 83 -
“Abetment of Offence Defined”: A person abets an offence who abets
either the commission of an offence or the commission of an act which
would be an offence, if committed with the same intention or knowledge
as that of the abettor by a person capable by law of committing an offence.
Explanation 1:- The abatement of the illegal omission of an act may amount to
an offence although the abettor may not himself be bound to do that act.
Explanation 2:- To constitute the offence of abetment, it is not necessary that
the act abetted should be committed or that the effect requisite to
constitute the offence should be caused.
Illustrations:(a) (“A”) instigates (“B”) to murder (“C”) (“B”) refuses to do so, (“A”) is
guilty of abetting (“B”) to commit murder.
(b) (“A”) instigates (“B”) to murder (“D”).(“B”) in pursuance of the
instigation stabs (“D”). (“D”) recovers from the wound. (“A”) is guilty
of instigating (“B”) to commit murder.
Explanation 3:- It is not necessary that the person abetting should be capable by
law of committing an offence or that he should have the same guilty
intention or knowledge as that of the abettor or any guilty intention or
knowledge.
Illustrations:(a) (“A”), with a guilty intention, abets a child or a lunatic in committing an
act which would be an offence, if committed by a person capable by law
of committing an offence and having the same intention as (“A”). Here
(“A”), whether the act be committed or not, is guilty of abetting an
offence.
(b) (“A”), intending to cause a theft to be committed, instigates (“B”) to
take property belonging to (“Z”) out of (“Z’s”) possession. (“A”)
induces (“B”) to believe that the property belongs to (“A”). (“B”) takes
the property out of (“Z’s”) possession in good faith believing it to be
(A’s”) property. (“B”), acting under this misconception does not take
dishonestly and therefore does not commit theft. But (“A”) is guilty of
abetting theft and is liable to the same punishment as if (“B”) had
committed theft.
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