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Start Free TrialIndian Penal Code (45 of 1860) Section 113
Title: Liability of Abettor for an Effect Caused by the Act Abetted Different from That Intended by the Abettor
State: Central
Year: 1860
When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, caused a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 108
Title: Abettor
State: Central
Year: 1860
.....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,.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 110
Title: Punishment of Abetment if Person Abetted Does Act with Different Intention from That of Abettor
State: Central
Year: 1860
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 commuted if the act had been done with the intention or knowledge of the abettor and with no other.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 112
Title: Abettor when Liable to Cumulative Punishment for Act Abetted and for Act Done
State: Central
Year: 1860
If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences. Illustration A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt. B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 111
Title: Liability of Abettor when One Act Abetted and Different Act Done
State: Central
Year: 1860
When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Proviso.--Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustrations (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. 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. Here, if the child was acting under the influence of A's instigation, and the act done was under the circumstances a probable consequence of the abetment. A is liable in the same manner and to the same extent as if he had instigated me child to put the poison into the food of Y. (b) A instigates R to burn Z's house, B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the.....
View Complete Act List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....Court of Justice (including a liquidator, receiver or Commissioner) whose duty is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to a administrator any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth--Every juryman, assessor, or member of a Panchayat assisting a Court of Justice or public servant; Sixth--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth--Every officer of the Government, whose duty it is, as such officer, to prevent offences, to give information of offences, to being offenders to justice, or to protect the public health, safety or convenience; Ninth--Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of.....
List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 5
Title: Of Abetment
State: Central
Year: 1860
.....act or illegal omission, the doing of that thing. Explanation 1.A person who by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2.--Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act. Section 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.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Complete Act
Title: Indian Penal Code (45 of 1860)
State: Central
Year: 1860
.....for certain offences under Chapter XII or Chapter XVII after previous conviction Chapter 4 Section76 - Act done by a person bound, or by mistake of fact believing himself bound, by law Section77 - Act of Judge when acting judicially Section78 - Act done pursuant to the judgment or order of Court Section79 - Act done by a person justified, or by mistake of fact believing himself justified, by law Section80 - Accident in doing a lawful act Section81 - Act likely to cause harm, but done without criminal intent, and to prevent other harm Section82 - Act of a child under seven years of age Section83 - Act of a child above seven and under twelve of immature understanding Section84 - Act of a person of unsound mind Section85 - Act of a person incapable of judgment by reason of intoxication caused against his will Section86 - Offence requiring a particular intent or knowledge committed by one who is intoxicated Section87 - Act not intended and not known to be likely to cause death or grievous hurt, done by consent Section88 - Act not intended to cause death, done by consent in good faith for person's benefit Section89 - Act done in good faith for benefit of child or insane.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
Year: 1973
.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Schedule 1
Title: The First Schedule
State: Central
Year: 1973
.....offence of giving or fabricating false evidence is triable. 197 Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence. The same as for giving or fabricating false evidence Non-Cognizable Bailable Court by which offence of giving or fabricating false evidence is triable. 198 Using as a true certificate one known to be false in a material point. The same as for giving or fabricating false evidence Non-Cognizable Bailable Court by which offence of giving or fabricating false evidence is triable. 199 False statement made in any declaration which by law receivable as evidence. The same as for giving or fabricating false evidence Non-Cognizable Bailable Court by which offence of giving or fabricating false evidence is triable. 200 Using as true any such declaration known to be false. The same as for giving or fabricating false evidence. Non-cognizable Bailable Court by which offence of giving false evidence is triable. .....
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