Penal Code Section 110: Punishment for Abetment if the Act Abetted is Committed with Different Intention
Penal Code Section 110 of the Bangladesh Penal Code addresses the punishment for an abettor when the act abetted is committed with a different intention than what was originally intended. This section ensures that the abettor remains liable for the act even if the person committing the offense does so with a different motive. This legal provision plays a crucial role in holding individuals accountable for indirect involvement in criminal activities, ensuring justice in cases where multiple parties contribute to the execution of a crime.
Let’s explore the key aspects of this law:
1) Cognizable/ Non-Cognizable
Penal Code Section 110 deals with abetment in cases where the act is committed with a different intention than the abettor’s original intention. Whether it is cognizable or non-cognizable depends on the nature of the principal offense.
- Cognizable Offense: If the offense committed by the person is of a cognizable nature (for example, murder, robbery), the abettor under Section 110 will also face the consequences under a cognizable offense.
- Non-Cognizable Offense: Conversely, if the principal offense is non-cognizable (for example, defamation), the abettor’s involvement will be considered non-cognizable.
Key Point:
Cognizability is tied to the nature of the principal crime committed under abetment.
2) Warrant/Summon
Whether the accused in Section 110 is summoned or arrested with a warrant is again determined by the classification of the principal crime abetted.
- Warrant: If the offense is severe (cognizable and non-bailable), the court will issue a warrant for the arrest of the abettor.
- Summon: If the crime is minor (non-cognizable or bailable), a summon may be issued instead of a warrant.
Key Point:
The type of action (warrant or summon) follows the legal procedure set for the principal crime abetted.
3) Bailable/Non-Bailable
Similar to the above categories, the bailability of an abettor under Section 110 hinges on the primary offense.
- Bailable Offense: If the offense abetted is bailable, the abettor can apply for bail.
- Non-Bailable Offense: If the primary offense is non-bailable (e.g., serious crimes like murder, rape), the abettor may face harsher conditions for obtaining bail.
Key Point:
The determination of bail depends on the nature of the original crime.
4) Compoundable/Non-Compoundable
In legal terms, an offense is compoundable if the victim and the accused can settle the matter out of court. In the case of abetment under Section 110, the compoundability follows the principal crime:
- Compoundable Offense: If the principal crime is compoundable (like assault or theft), the abettor can also seek a similar settlement.
- Non-Compoundable Offense: For non-compoundable offenses like murder, there is no option for out-of-court settlement for the abettor.
Key Point:
The compoundability of the abettor’s actions depends on whether the principal offense is compoundable.
5) Punishment
Section 110 ensures that the abettor receives the same punishment as the individual committing the offense, regardless of the difference in intentions. The punishment is tied directly to the principal crime:
- Same Punishment as the Principal Crime: The abettor will be subjected to the same legal consequences as if they had committed the offense themselves, based on the crime’s severity and punishment prescribed under the law.
Key Point:
Abettors face the same punishment as the main offender, ensuring they are equally accountable.
6) By What Court Triable
The trial court for an abettor under Section 110 is the same as the court that tries the principal offense.
- Magistrate Court: For minor offenses, the case may be tried by a magistrate.
- Sessions Court: For more serious offenses, the case will be heard by a Sessions Court.
Key Point:
The trial court depends on the gravity of the principal crime and follows standard judicial procedures.
Conclusion
Penal Code Section 110 is an important legal provision that ensures abettors are held accountable for their role in a crime, even if the crime is committed with different intentions than those originally intended. This section brings fairness to the legal process by punishing individuals who instigate or aid criminal acts, maintaining the rule of law in Bangladesh.
If you have any further questions or need legal assistance regarding cases involving abetment, feel free to consult a legal professional. Understanding your rights and responsibilities under the law is essential to navigating any legal challenges.