Report No. 42
28. Substitution of new section for sections 108 and 108A.-
For sections 108 and 108A of the Code the following section shall be substituted, as section 66, namely.-
"66. Abetting an offence.- (1) A person abets an offence, who abets the doing of a thing which is that offence or which would be an offence if done by a person capable by law of committing that offence with the same intention or knowledge as that of the abettor.
(2) A person abets an offence, who, in India, abets the doing of any act outside India which, if done in India, would constitute that offence.
(3) A person who abets the abetment of an offence abets that offence.
(4) To constitute abetment of an offence, it is not necessar.-
(a) that the act abetted should be committed; or
(b) that the effect requisite to constitute the offence should be caused; or
(c) that the person abetted should be capable by law of committing an offence, or should have any guilty intention or knowledge, or should commit an offence.
(5) To constitute abetment of an offence that consists of an illegal omission of an act it is not necessary that the abettor should himself be bound to do that act.
Illustration to sub-section (2)
(a) A in India, instigates B, a foreigner in Nepal, to commit a murder in Nepal. A is guilty of abetting murder.
Illustration to sub-section (3)
(b) A instigates B to instigate C to murder Z. B accordingly instigates C and C murders Z in consequence of B's instigation. B has committed the offence of abetting murder and is liable to be punished with the punishment provided for murder; and as A instigated B to commit the offence. A is also liable to the same punishment.
(c) If, in the foregoing illustration, C refuses to murder Z. B has committed the offence of abetting murder, and is liable to be punished with imprisonment which may extend to seven. years and with fine; and as A instigated B to commit the offence. A is also liable to the same punishment.
Illustrations to sub-section (4)
(d) A instigates B to murder Z. B refuses to do so. A is guilty of abetting B to commit murder.
(e) A instigates B to murder Z. B in pursuance of the instigation stabs Z. Z recovers from the wound, A is guilty of abetting B to commit murder.
A intending to kill Z, instigates B, a child under ten years of age, to do an act which A knows will cause Z's death B, in consequence of the instigation, does the act and thereby causes Z's death. Here B was not capable by law of committing an offence, but since his act would be murder if it had been committed by a person of full age with the same intention and knowledge as that of A, A is guilty of abetting murder.
A, intending to take dishonestly an article belonging to Z out of his possession induces B to believe that the article belongs to A and instigates him to take it from Z's possession. B does so in good faith believing it to be A's property. Though B has no guilty intention or knowledge. A is guilty of abetting theft."
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