It was held by the Supreme Court that the deceased had committed suicide at the instigation of her husband and in-laws and it was not a case of accidental death. Only, in cases where intention or knowledge did not meet or act was done in a different manner than intended will attract the differentiated liability. Abetting commission of offence by the public or by more than ten persons. The in-laws, on the other hand, had been accusing her of carrying an illegitimate child. A is guilty of abetting murder. The rule is not applicable in such crimes where separate provisions are made to differently punish abettor and person abetted.
It is agreed that A shall administer the poison. The building is approved for residential purpose. Here, though B was not capable by law of committing an offence. Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, If offence be committed; if offence be not committed- shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. The evidence of her father and sisters indicated that the deceased had complained about harassment and torture by her in laws for bringing insufficient dowry. B sets fire to the house and at the same time commits theft of property there.
The sections which follow it lay down punishments to be inflicted for causing abetment. The illustration attached to this explanation also makes the explanation amply clear. Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; If act causing harm be done in consequence- and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. The owner of property is my father who is staying with me and have a memory loss. He had given order to another member to set fire to the hut which was set on fire and was burnt. The court remarked that the law could not be different; otherwise innocent persons would have to be held liable if they failed to comply with unreasonable demands of others. Mere advice generally is not instigation but it may be so where the intention is to actively suggest or stimulate the doing of something.
Illustration- A instigates B to instigate C to murder Z. The charge of bribery could not be proved and the person was acquitted of the charge. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence. The accused was a member of an unlawful assembly the common object of which was to attack a certain hut and commit assault on remonstrance. С agrees to procure the poison, and procures and delivers it to В for the purpose of its being used in the manner explained.
This is insulting and abusive but not abetment by instigation to commit suicide. B refuses to do so. The Explanation clarifies that aiding is possible only either prior to or at the time of commission of an act and not after an act has already been committed. 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, and in order to the doing of that thing; or Thirdly — Intentionally aids, by any act or illegal omission, the doing of that thing. The explanation says that it is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it.
It is agreed that A shall administer the poison. The father of the deceased had stated in the F. Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. Illustrations- a A instigates B to murder C. B in pursuance of the instigation stabs D. A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.
If you like it then please contribute any tiny amount to keep it clean, ad-free and online. Where certain persons prepared a copy of an intended false document, bought stamp paper with a view to prepare such a document and asked for certain information regarding a fact which they had an intention to insert in that false document, it was held that all these evidence showed that they were acting under an engagement to commit forgery because these acts were done to facilitate the commission of that offence. Illustration- A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. A has abetted the offence defined in section 161.
When she lighted the match on herself in front of her husband and his employer, neither tried to stop her as a result of which she died of burns. A administers the poison; Z dies in consequence. In Daya Ram Phukan v. Illustration- A, in India, instigates B, a foreigner in Goa, to commit a murder in Goa. B, in consequence of the instigation, commits that offence. D recovers from the wound. A is punishable under this section.