Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with…
A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India. Illustration. A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder. Key Points of…
Abetment in India of offences outside India A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India. IllustrationsA, in India, instigates B, a foreigner in country X, to commit a murder in…
Abettor A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1The abetment of the illegal omission…
Abetment of a thing A person abets the doing of a thing, who(a) instigates any person to do that thing; or(b) 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…
Right of private defence against deadly assault when there is risk of harm to innocent person If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent…
Commencement and continuance of the right of private defence of property The right of private defence of property,(a) commences when a reasonable apprehension of danger to the property commences;(b) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been…
When such right extends to causing any harm other than death If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to…
When the right of private defence of property extends to causing death The right of private defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions…
Commencement and continuance of the right of private defence of the body The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long…
