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Aiding and Abetting Crime in Pakistan
Abetment (often referred to as Aiding and Abetting in the US, and Assisting or Accessory to a crime in the UK) is a legal term that refers to the act of assisting or encouraging an individual or group for a crime. In the Pakistan Penal Code, it is considered and dealt with as a criminal offense that can result in criminal charges and penalties.
Whether you are accused of abetment or wish to report the crime to the relevant authorities, it is important to understand the laws on it. This article will act as a basic guide to better explain and briefly understand the concept of abetment and its legal implications in Pakistan.
“An act or offence is said to be committed in consequence of instigation or in pursuance of conspiracy or with aid which constituted abetment. If none of these elements are available, then abetment is not proved.”
1986 PCrLJ 2243The Glorious Quran – Chapter 42 Verse 40 “The requital of an evil deed is its equivalent. But whoever pardons and seeks reconciliation, then their reward is with Allah. He certainly does not like the wrongdoers.”
What is Aiding and Abetting, Assisting, or Accessory to a Crime in Pakistan
Abetment is the act of instigating, aiding or encouraging someone to commit a crime. It is a criminal offense that is punishable under the law. The term “abetment” is commonly used in Pakistan as its mentioned in the Pakistan Penal Code (under sections 107 to 120) criminal law and is often associated with aiding and abetting, for which an FIR can be lodged.
The act of abetment can take many forms, such as (but not limited to):-
- Providing financial assistance
- Giving advice and information that may assist them in their actions to commit a crime
- Providing physical support
- Harboring Criminals
- Supplying tools and equipment for a crime
- Assisting with the logistics involved to commit the crime (i.e. a gun)
- Giving digital information to those carrying out the crime to assist them
- Giving false statements to help the ones who committed the crime avoid punishment (Perjury)
- Instigating the individual, group, or company to commit a crime
“To constitute “abetment” of an offence, intentional aid and active participation of the abetor must be established. Whether or not accused is guilty of abetment depends upon whether [they] intentionally aided the other accused in perpetration of the crime”
PLD 1959 Lahore 356
Being an Accessory (abetment) to a crime in Pakistan
In general, abetment involves knowingly and intentionally assisting someone in the commission of a crime. This may even be reported even if the crime has not been committed yet, with proof of criminal intention/criminal conspiracy.
A common example where the prosecution uses the crime of aiding and abetting is on individuals who were present at the scene of a crime (i.e. a riot). Mere presence alone is usually not sufficient to convict an individual of abetment, by proving they were accomplices to a crime.
“The prove the charge u/s 109 P.P.C it is the duty of the prosecution to produce evidence of conclusive nature in order to prove the ingredients of one or two of these mentioned in the definition of abetment”
1989 PCrLJ 380
Penalties for Accomplices
The penalties for abetment depend on the severity of the crime being committed. In the Pakistan Penal Code, section 109 (being an accomplice to a crime, abetment) is punishable under the same law that applies to the actual crime being committed. This means that if someone is abetting a murder, they could face the same charges and penalties as the person who committed the murder.
The penalties for abetment can range from fines to imprisonment, depending on the severity of the offense. In some cases, it can be less than the actual crime committed, depending on the individual circumstances and situation of the case.
“Common intention may develop at [the] spot, even if common intention not borne out by facts, accused may be taken to be aiding one another in crime”
PLD 1955 Lahore 575
Defenses against Aiding and Abetting, Assisting, or Accessory to a Crime in Pakistan
Common defenses commonly used by those accused of abetment in Pakistan are usually those that detach both knowledge and intention between them and the crime. For example, a common argument from the defense is that the accused did not have the intention to assist in the commission of a crime, or that they did not know that their actions would result in a crime being committed at all.
In some cases, the defense’s legal counsel may also be able to argue that their client/s was coerced or threatened into assisting in the commission of a crime. It is important to work with an experienced criminal defense attorney if you are facing abetment charges. Our criminal defense attorneys in Pakistan can help you understand your legal rights and options and can help you develop a strong defense strategy.
Speak to our Criminal Lawyer today about your abetment matter
Abetment is a serious offense that can result in criminal charges and penalties. Whether you are seeking to defend this allegation or to report it, you can always get in touch with us for assistance.
Simply fill out the form below and one of our criminal lawyers in Pakistan will get back to you. Alternatively, you can contact us at 0092 308 5510031 by call or WhatsApp.
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