Section 54 establishes that if a person who would otherwise be punished as an abettor (even if absent) is actually present when the crime takes place, that person is treated as if they committed the offence directly. This provision ensures that presence at the scene enhances the level of criminal responsibility.
Key Provisions:
- If:
- A person would ordinarily be considered an abettor, and
- That person is present at the time the offence is committed,
- Then that person will be considered as if they committed the offence themselves,
not merely as an abettor.
How It Protects:
- Prevents individuals from participating in crimes passively, by merely being present and not acting to stop it.
- Elevates the legal accountability of those who are physically present during criminal acts they helped plan or support.
- Treats presence at the scene as an implicit endorsement or reinforcement of the criminal act.
Example:
- A plans a robbery and is supposed to only guide B, the robber.
If A is present at the robbery, he is not just an abettor - he is guilty as a principal offender. - A instigates C to kill D. If A is present at the murder scene, cheering or overseeing it,
A is treated as if he committed the murder himself.