# Abetment and conspiracy in 12 flashcards.

> Under the PPC, yes. Instigating a murder is abetment even if the other person refuses (s.108, Explanation 2). This deck covers common intention (s.34), abetment (ss.107 to 116) and criminal conspiracy (ss.120-A and 120-B) in 12 flashcards, with a 2025 Supreme Court case on joint liability.

- Topic: Law study
- For: Law students
- A 12-slide carousel: https://failegal.site/media/abetment-and-conspiracy-in-12-flashcards
- Published by FAI Legal on 2026-10-22

## Quick quiz. The refusal.

Guess first, then swipe for the answer.

- **A. No, nothing happened**
- **B. Yes, abetment**
- **C. Only if Z finds out**

## Answer: B. Abetment is complete.

Section 108, PPC.

- **Explanation 2** The act abetted need not be committed.
- **Illustration (a)** A instigates B to murder C. B refuses. A is guilty of abetting B to commit murder.

## The definition.

Section 107, PPC.

> "A person abets the doing of a thing, who: First: Instigates any person to do that thing; or Secondly: Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy ...; or Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing." (Pakistan Penal Code, 1860 · Section 107)

## Meaning. Cards 1 to 3.

Who is in it.

- **Common intention** A criminal act by several persons, in furtherance of the common intention of all: each is liable as if he did it alone. (s.34)
- **Abetment** Instigating, conspiring, or intentionally aiding the doing of a thing. (s.107)
- **Abettor** One who abets an offence, or an act that would be an offence. (s.108)

## How. Cards 4 to 6.

The explanations.

- **Instigation** Includes wilful misrepresentation, or concealing a fact one is bound to disclose. (s.107 Expl. 1)
- **Aiding** Doing anything before or at the time, to facilitate the act. (s.107 Expl. 2)
- **Innocent agent** The person abetted need not be capable of an offence, like a child. (s.108 Expl. 3)

## Punishment. Cards 7 to 9.

When the act is committed, or worse.

- **Act committed** The punishment for the offence, where no express provision is made. (s.109)
- **Present at the scene** An abettor who is present is deemed to have committed the offence. (s.114)
- **Offence not done** Death or life offences: up to 7 years, and fine. Up to 14 if hurt is caused. (s.115)

## Conspiracy. Cards 10 to 12.

Chapter V-A, PPC.

- **Not done, lesser** Prison offences: up to one-fourth of the longest term. One-half for a public servant bound to prevent it. (s.116)
- **Criminal conspiracy** Two or more agree to do an illegal act, or a legal act by illegal means. (s.120-A)
- **Punishment** Death, life or RI of 2 years or more: as abetment. Others: up to 6 months. (s.120-B)

## Agreement alone?

Proviso to section 120-A.

- **To commit an offence** The agreement alone is a criminal conspiracy.
- **Anything else** Some act besides the agreement must be done in pursuance of it.

## Same act not needed.

2025 SCMR 2018, Supreme Court.

- **The facts** One accused fired. The other stood in front of the truck to prevent escape or resistance.
- **The holding** Roles may vary. Common design and participation are enough for s.34.
- **The result** Both convictions were maintained.

## Stuck on joint liability?

Ask FAI. It answers with the exact section and the judgments that explain it.

- **Difference between section 34 and section 149 PPC, with case law.**
- **Is mere presence at the scene enough under section 114 PPC?**

## Sources

- Pakistan Penal Code, 1860 · Section 107: Abetment of a thing

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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