Abettor present when offence is committed
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Summary
If a person who, had they stayed away, would only be punishable as an abettor is actually present when the offence is carried out, they are treated as if they committed the offence. The rule applies whenever a would‑be abettor is physically at the scene during the act. Consequence: liability as a principal offender instead of merely as an abettor.
Example
Ravi tells friends how to break into a shop and would have been an abettor if he stayed away. He goes along and is present when the break-in happens. Under this rule Ravi is treated as having committed the break-in and can be prosecuted as a principal offender.
Bare Act
Enacted textWhenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
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