No 2 Penal Code - IDP SriLanka

http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5Liability of abettorfor an effectcaused by the actabetted differentfrom thatintended by theabettor.Abettor presentwhen offence iscommitted.Abetment of anoffencepunishable withdeath, if theoffence be notcommitted inconsequence ofthe abetment.A instigates B to resist by force a distress made by a publicservant. B. in consequence, resists that distress. In offering theresistance, B voluntarily causes grievous hurt to the officerexecuting the distress. As B has committed both the offence ofresisting the distress and the offence of voluntarily causinggrievous hurt. B is liable to punishment for both these offences;and if A knew that B was likely voluntarily to cause grievous hurtin resisting the distress. A will also be liable to punishment foreach of the offences.106. When an act is abetted with the intention on the part of the abettor of causing aparticular effect, and an act for which the abettor is liable in consequence of the abetmentcauses a different effect from that intended by the abettor, the abettor is liable for the effectcaused, in the same manner and to the same extent as if he had abetted the act with theintention of causing that effect, provided he knew that the act abetted was likely to causethat effect.IllustrationA instigates B to cause grievous hurt to Z. B, in consequence ofthe instigation, causes grievous hurt to Z. Z dies, in consequence.Here, if A knew that the grievous hurt abetted was likely to causedeath, A is liable to be punished with the punishment provided formurder.107. Whenever any person who, if absent, would be liable to be punished as an abettor, ispresent when the act or offence for which he would be punishable in consequence of theabetment is committed, he shall be deemed to have committed such act or offence.IllustrationA writes to B telling him that C is likely to pass along a certainroad with treasure, and instigates B to lie in wait for and rob C. Bon such instigation lies in wait for and robs C, A accompanying Calong the journey. A is guilty under this section.108. Whoever abets the commission of an offence punishable with death shall, if thatoffence be not committed in consequence of the abetment, and no express provision ismade by this Code for the punishment of such abetment, be punished with imprisonment ofeither description for a term which may extend to seven years, and shall also be liable tofine;If an act whichcauses harm bedone inconsequence ofthe abetment .and if any act for which the abettor is If an act which liable in consequence of the abetment,and causes harm be done in which causes hurt to any person, is done, con sequence ofthe abettor shall be liable to imprisonment the abetment. of either description for a termwhich may extend to fourteen years, and shall also be liable to fine.Illustrationhttp://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (26 of 124)9/30/2008 2:10:37 PM