No 2 Penal Code - IDP SriLanka

More documents

Recommendations

Info

http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5Abetment in SriLanka ofoffences outsideit.Explanation 5It is not necessary to the commission of the offence of abetmentby conspiracy that the abettor should concert the offence with theperson who commits it. It is sufficient if he engage in theconspiracy in pursuance of which the offence is committed.IllustrationA concerts with B a plan for poisoning Z. It is agreed that. A shalladminister the poison. B then explains the plan to C, mentioningthat a third person is to administer the poison, but withoutmentioning A's name C agrees to procure the poison, andprocures and delivers it to B for the purpose of its being used inthe manner explained. A administers the poison; Z dies inconsequence. Here, though A and C have not conspired together,yet C has been engaged in the conspiracy in pursuance of whichZ has been murdered. C has therefore committed the offencedefined in this section, and is liable to the punishment for murder.101A. A person abets an offence within the meaning of this Code who in Sri Lanka abetsthe commission of any act without and beyond Sri Lanka which would constitute an offenceif committed in Sri Lanka.Punishment ofabetment if theact abetted iscommitted inconsequence,and where noexpress provisionis made for itspunishment.102. Whoever abets any offence shall, if the act abetted is committed in consequence ofthe abetment, and no express provision is made by this Code for the punishment of suchabetment, be punished with the punishment provided for the offence.ExplanationAn act or offence is said to be committed in consequence ofabetment, when it is committed in consequence of the instigation,or in pursuance of the conspiracy, or with the aid whichconstitutes the abetment.Illustrations(a) A offers a bribe to B, a public servant, as a reward for showingA some favour in the exercise of B's official functions. B acceptsthe bribe. A has abetted the offence defined in section 158.(b) A instigates B to give false evidence. B, in consequence of theinstigation, commits that offence, A is guilty of abetting thatoffence, and is liable to the same punishment as B.(c) A and B conspire to poison Z. A, in pursuance of theconspiracy, procures the poison and delivers it to B, in order thathe may administer it to Z. B, in pursuance of the conspiracy,administers the poison to Z in A's absence and thereby causes Z'sdeath. Here, B is guilty of murder. A is guilty of abetting thatoffence by conspiracy, and is liable to the punishment for murder.http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (24 of 124)9/30/2008 2:10:37 PM
http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5Punishment ofabetment if theperson abetteddoes the act witha differentintention fromthat of the abettor.103. Whoever abets the commission of an offence shall, if the person abetted does the actwith a different intention or knowledge from that of the abettor, be punished with thepunishment provided for the offence which would have been committed if the act had beendone with the intention or knowledge of the abettor and with no other.Liability of abettorwhen one act isabetted and adifferent act isdone.Abettor whenliable tocumulativepunishment foract abetted andfor act done.104. When an act is abetted and a different act is done, the abettor is liable for when theact done, in the same manner and to the same extent as if he had directly abetted it;Provided the act done was a probable consequence of the abetment, and was committedunder the influence of the instigation, or with the aid or in pursuance of the conspiracywhich constituted the abetment.Illustrations(a) A instigates a child to put poison into the food of Z. and giveshim poison for that purpose. The child, in consequence of theinstigation, by mistake puts the poison into the food of Y, which isby the side of that of Z. Here, if the child was acting under theinfluence of A's instigation, and the act done was under thecircumstances a probable consequence of the abetment, A isliable in the same manner, and to the same extent, as if he hadinstigated the child to put the poison into the food of Y.(b) A instigates B to burn Z's house. B sets fire to the house andat the same time commits theft of properly there. A, though guiltyof abetting the burning of the house, is not guilty of abetting thetheft; for the theft was a distinct act, and not a probableconsequence of the burning.(c) A instigates B and C to break into an inhabited house atmidnight for the purpose of robbery, and provides them with armsfor that purpose. B and C break into the house, and being resistedby Z, one of the inmates, murder Z. Here, if the murder was theprobable consequence of the abetment, A is liable to thepunishment provided for murder.105. If the act for which the abettor is liable under the last preceding section is committedin addition to the act abetted, and constitutes a distinct offence, the abettor is liable topunishment for each of the offences.Illustrationhttp://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (25 of 124)9/30/2008 2:10:37 PM
Page 1 and 2: http://www.lawnet.lk/process.php?st
Page 23: http://www.lawnet.lk/process.php?st
Page 75 and 76:
http://www.lawnet.lk/process.php?st
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
show all

No 2 Penal Code - IDP SriLanka

Create successful ePaper yourself

Delete template?

Save as template?