தினம் ஓரு சட்டம் - இ.த.ச 108 - குற்ற உடந்தை
யாராவது ஒரு குற்றம் புரிவதற்கு உடந்தையாக ஒருவர் இருந்தாலும், அல்லது குற்றமாகக் கருதக்கூடிய செயலை அது குற்றம் என்ற அறிவுடன் தெளிவுடனும் தெரிந்து செய்வதற்கு உடந்தையாக இருந்தாலும் அல்லது அந்தச் செயல் ஒரு குற்றத்தில் முடியும் என்ற தெளிவுடன் அந்தச் செயலுக்கு உடந்தையாக இருந்தாலும், அந்த நபர் குற்றத்துக்கு உடந்தையாக இருப்பதாகக் கூறப்படும்
Section 108 in The Indian Penal Code [ thanks to indiankanoon & source from http://indiankanoon.org/doc/1494082 ]
108. 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 1.—The abetment of the illegal omission of an act may amount
to an offence although the abettor may not himself be bound to do that
act. Explanation 2.—To constitute the offence of abetment it is not
necessary that the act abetted should be committed, or that the effect
requisite to constitute the offence should be caused. Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A instigates B
to murder D. B in pursuance of the instigation stabs D. D recovers from
the wound. A is guilty of instigating B to commit murder. Explanation
3.—It is not necessary that the person abetted should be capable by law
of committing an offence, or that he should have the same guilty
intention or knowledge as that of the abettor, or any guilty intention
or knowledge. Illustrations
(a) A, with a guilty
intention, abets a child or a lunatic to commit an act which would be
an offence, if committed by a person capable by law of committing an
offence, and having the same intention as A. Here A, whether the act be
committed or not, is guilty of abetting an offence.
(b) A, with the
intention of murdering Z, instigates B, a child under seven years of
age, to do an act which causes Z’s death. B, in consequence of the
abetment, does the act in the absence of A and thereby causes Z’s death.
Here, though B was not capable by law of committing an offence, A is
liable to be punished in the same manner as if B had been capable by law
of committing an offence, and had committed murder, and he is therefore
subject to the punishment of death.
(c) A instigates B
to set fire to a dwelling-house, B, in consequence of the unsoundness
of his mind, being incapable of knowing the nature of the act, or that
he is doing what is wrong or contrary to law, sets fire to the house in
consequence of A’s instigation. B has committed no offence, but A is
guilty of abetting the offence of setting fire to a dwelling-house, and
is liable to the punishment, provided for that offence.
(d) A, intending to
cause a theft to be committed, instigates B to take property belonging
to Z out of Z’s possession. A induces B to believe that the property
belongs to A. B takes the property out of Z’s possession, in good faith,
believing it to be A’s property. B, acting under this misconception,
does not take dishonestly, and therefore does not commit theft. But A is
guilty of abetting theft, and is liable to the same punishment as if B
had committed theft. Explanation 4.—The abetment of an offence being an
offence, the abetment of such an abetment is also as offence.
Illustration A instigates B to instigate C to murder Z. B accordingly
instigates C to murder Z, and C commits that offence in consequence of
B’s instigation. B is liable to be punished for his offence with the
punishment for murder; and, as A instigated B to commit the offence, A
is also liable to the same punishment. Explanation 5.—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 sufficient if he engages in the conspiracy in pursuance of
which the offence is committed. Illustration A concerts with B a plan
for poisoning Z. It is agreed that A shall administer the poison. B then
explains the plan to C mentioning that a third person is to administer
the poison, but without mentioning A’s name. C agrees to procure the
poison, and procures and delivers it to B for the purpose of its being
used in the manner explained. A administers the poison; Z dies in
consequence. Here, though A and C have not conspired together, yet C has
been engaged in the conspiracy in pursuance of which Z has been
murdered. C has therefore committed the offence defined in this section
and is liable to the punishment for murder.
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