Abettor present when offence is committed
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Summary
If a person who would only be punishable as an abettor when absent is actually present at the time the offence is committed, the law treats them as having committed the offence. It applies where their presence accompanies the act they had abetted. The consequence is liability as if they were the actual offender rather than only an abettor.
Example
Priya tells a neighbour to break a shop window and stands beside him while he does it; because Priya was present when the window was smashed, she is treated as having committed the offence.
Bare Act
Enacted textWhenever any person who if 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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