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Section 3. Punishment of offences committed

beyond , but which by law may be tried within Pakistan. Any person liable, by any Pakistan Law, to be
tried for an offence committed beyond Pakistan shall be dealt with according to the provisions of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed with Pakistan. THEORY OF FLOATING ISLAND. The Jurisdiction of local Courts extends over the ships having its flag whether the ships are sailing or anchored , whether on the High Seas or in rives below the bridges, where the tide ebbs and flows , and where great ships go.

Extradition Act, 1972.

Section 4. EXTENSION OF CODE TO EXTRA-TERRITORIAL

OFFENCES: The provisions of this Code apply also to any offence committed by a. Any citizen of Pakistan or any person in the Service of Pakistan in any place without and beyond Pakistan. b. Any person on any ship or aircraft registered in Pakistan wherever it may be. ILLUSTRATIONS. A, a Pakistan subject commits a murder in Uganda .He can be tried and convicted of murder in any place in Pakistan in which he may be found. C, a foreigner who is in the Service of Pakistan, commits a murder in London. He can be tried and convicted of murder at any place in Pakistan in which he may be found. D, a British subject living in Jungadh, instigates E, to commit a murder in Lahore. D is guilty of abetting murder. 3

Section. 107. Abetment of a thing. A person abets the

doing of a thing, who FIRST. Instigate any person to do the 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 to conspiracy, and in order to the doing of that thing; or THIRD. Intentionally aids, by any act or illegal omission, the doing of that thing.

Instigate literally means to god, urge provoke, incite or encourage to

do an act. A person is said to instigate another when actively suggests o stimulates him to the act by any means, or language, direct or indirect. Suppression of facts. Where the accused asked a witness to suppress certain facts in giving evidence, it was held to be an abetmen of giving false evidence. An act of abetment may also take place at the time of or prior to th commission of the offence if a person facilitates the commission o such offence.

It consists in a combination and agreement by persons to do som

CONSPIRACY.

illegal act or to effect legal purpose by illegal means. A combination of two or more persons intentionally participating in the furtherance of a preconceived common design intentionall 5 participating to constitute a conspiracy .

There

must be preconceived plan and unity of design and purpose for the common design is of the sense of conspiracy The agreement may be express or implied , or in part express or in part implied. Conspiratorial agreement is terminated by completion of its performance or by abandonment or meant to execute the illegal conduct . It is necessary that each conspirator should have been in communication with every other. For safe administration of justice , it would be proper to insist on independent corroborative evidence. Aid by act. Knowledge that an offence is being or would be committed is necessary to constitute the offence of abetment by aid
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The word bet means to encourage incite or set another

to commit a crime. It is always applied to aiding the commission of a crime. He abets such n offence and would be guilty of abetment, even if the offence abetted is not committed in consequences of the abetment.

It involves active complicity on the part of the abettor at a point of

time prior to the actual commission of the offence, and the abettor should substantially assist the principal culprit towards the commission of the offence. The term includes knowledge of the perpetrators wrongful purpose, and encouragement, prompting or counsel of another in the commission of the criminal offence. Abetment of an offence constitutes intentional aid and active participation of the abettor must be established. 7

It

is essence of the crime of abetment that the abettor should substantially assist the principal culprit. It is essential to prove prior meeting of minds or act done by n accused during the occurrence to constitute abetment Common intention may develop at spot, even if common intention not borne out by facts, accused may be taken to be aiding one another in crime.

When

the original act of main accused does not constitute criminal offence, the charge of an abetment and other charges against other accused could not be made out. Abetment is separate and distinct offence provided the thing abetted is an offence.

Four key components must be present: intent. Without one of these elements, a case can start to fall apart.

such crimes are known as strict liability offenses. 1 Mental state (Mens rea) 2 Conduct (Actus reus) 3 Concurrence 4 Causation

Section 34. Acts done by several person sin furtherance of common intention.

Joint Liability
Vicarious Liability Constructive liability

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Principal in the First Degree

A "principal in the first degree" is one who, with the mens rea required for the commission of the offense: (1) physically commits the acts that constitute the offense; or (2) commits the offense by use of an "innocent instrumentality" or "innocent human agent."

Principal in the Second Degree A "principal in the second degree" is one who intentionally assisted in the commission of a crime in the presence, either actual or constructive, of the principal in the first degree Accessory Before the Fact An "accessory before the fact" is one who is not actually or constructively present when the crime is committed; often such person solicits, counsels, or commands (short of coercing) the principal in the first degree to commit the offense. Accessory After the Fact An "accessory after the fact" is one who, with knowledge of anothers guilt, intentionally assists the him to avoid arrest, trial, or conviction. The conduct of the accessory after the fact occurs after the completion of the crime. If an accomplice is involved prior to the completion, i.e., up to the point when the principal in the first degree has reached a place of temporary safety, the accomplice is in fact a principal in the second degree. Today, nearly all jurisdictions treat the offense of accessory after the fact as separate from, and often less serious than, the felony committed by the principal in the 11 first degree.

1. assistance by physical conduct (e.g., furnishing an instrumentality to commit an offense, "casing" the scene in advance, locking the door to keep an assault victim from escaping, or driving a "getaway" car from the scene of the crime); 2. assistance by psychological influence (e.g., incitement, solicitation, or encouragement); and 3. assistance by omission (if there exists a duty to act). A person is not an accomplice simply because he knowingly fails to prevent the commission of an offense, but such failure to act may serve as a critical factor in determining that he assisted by psychological influence. AMOUNT OF ASSISTANCE REQUIRED A person is not an accomplice unless his conduct (or omission) in fact assists in the commission of the offense. However, the degree of aid or influence provided is immaterial; even trivial assistance suffices
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Version in Juxtaposition.
When there are two versions , one given by prosecution and other put forward by accused, benefit of doubt is to be given to accused. As Law declares that Accused is favorite child of Law. Trap case Decoy Witness Recovery of Tainted money Benefit of Doubts Mitigating Circumstances Beyond Reasonable Doubts Abatement of Appeal

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National Accountability Ordinance,1999. By Zaka Ali Pakistan Penal Code, M.Mehmood.

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