No 2 Penal Code - IDP SriLanka

http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5Abetment of thedoing of a thing.CHAPTER VOF ABETMENT100. A person abets the doing of a thing who-Firstly - Instigates any person to do that thing;orSecondly- Engages in any conspiracy for the doing of that thing;orAbettor.Thirdly- Intentionally aids, by any act or illegal omission, the doing of thatthing.Explanation 1A person who. by willful misrepresentation or by willfulconcealment of a material fact which he is bound to disclose,voluntarily causes or procures, or attempts to cause or procure, athing to be done, is said to instigate the doing of that thing.IllustrationA, a public officer, is authorized by a warrant from a Court ofJustice to apprehend Z. B. knowing that fact and also that C is notZ, wilfully represents to A that C is Z. and thereby intentionallycauses A to apprehend C. Here B abets by instigation theapprehension of C.Explanation 2A conspiracy for the doing of a thing is when two or more personsagree to do that thing or cause or procure that thing to be done, Aperson within the jurisdiction of the court abets an offence byengaging with one or more Other persons beyond the Jurisdictionof the court in a conspiracy for the commission of an offence bythem, or either of them, or by any other person.Explanation 3Whoever, either prior to or at the time of the commission of an act.does anything in order to facilitate the commission of that act, andthereby facilitates the commission thereof, is said to aid the doingof that act.101. A person abets an offence who abets either the commission of an offence or thecommission of an act which would be an offence if committed by a person capable by lawof committing an offence with the same intention or knowledge as that of the abettor.Explanation 1The abetment of the illegal omission of an act may amount lo anoffence although the abettor may not himself be bound to do thatact.Explanation 2To constitute the offence of abetment, it is not necessary that theact abetted should be committed, or that the effect requisite toconstitute the offence should be caused.http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (22 of 124)9/30/2008 2:10:37 PM