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Bombay Industrial Relations Act, 1946, (Maharashtra) Section 104

Title: Penalty for Instigating, Etc., Illegal Strikes, Lock

State: Maharashtra

Year: 1946

.....doubt existed at the time of the commission of the offence about the legality of the4[strike, lock-out, closure or stoppage], as the case may be. Explanation I.--For the purpose of this section, a person who contributes, collects or solicits funds for the purposes of any such4[strike, lock-out, closure or stoppage] shall be deemed to act in furtherance thereof. Explanation II.-A person shall be deemed to have committed an offence under this section if before an illegal4[strike, lock-out, closure or stoppage] has commenced, he has instigated or incited others to take part in, or otherwise acted in furtherance of such4[strike, lock-out, closure or stoppage]. ______________________ 1. These words were substituted for the words "and lock-outs", Bom. 74 of 1948, s. 27(d). 2. These words were inserted, Bom. 74 of 1948, s. 27(a). 3. These words were inserted, Bom. 74 of 1948, s. 27(b). 4. These words were substituted for the words "strike or lock-out", Bom. 74 of 1948, s. 27(c).

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Industrial Disputes Act, 1947 Section 27

Title: Penalty for Instigation, Etc.

State: Central

Year: 1947

Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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Essential Services Maintenance Act, 1968 Section 5

Title: Penalty for Instigation, Etc.

State: Central

Year: 1968

Any person who instigates, or incites other persons to take part in or otherwise acts in furtherance of, a strike which is illegal under the Act shall be punishable with imprisonment of a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

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Criminal Law Amendment Act, 1938 Section 2

Title: Dissuasion from Enlistment and Instigation to Mutiny or Insubordination After Enlistment

State: Central

Year: 1938

.....public or any person to do, after entering any such Force, anything which is an offence punishable as mutiny or insubordination under section 27 of the Indian Army Act, 1911, or sections 10,12 and 14 to 17inclusive of the Indian Navy (Discipline) Act, 1934 or sections 35 to 37 inclusive of the Indian Air Force Act,1932, as the case may be, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. No person shall be prosecuted for any offence under this Act except with the previous sanction of the State Government. Exception 1. - The provisions of clause (a) of this section do not extend to comments on or criticism of the policy of Government in connection with the Military, Naval or Air Forces, made in good faith without any intention of dissuading from enlistment. Exception II. - The provisions of clause (a) of this section do not extend to the case in which advice is given in good faith for the benefit of the individual to whom it is given, or for the benefit of any member of his family or of any of his dependants.

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Essential Services Maintenance (Assam) Act, 1980 Section 6

Title: Penalty for Instigation, Etc.

State: Central

Year: 1980

Any person who instigates or incites other persons to take part in, or otherwise acts in furtherance of, a strike which is illegal under this Act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

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Essential Services Maintenance Act, 1994 Section 5

Title: Penalty for Instigation, Etc.

State: Karnataka

Year: 1994

Any person who instigates, or incites any other person to take part in, or otherwise acts in furtherance of refusal to work in any essential service, such refusal being illegal under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

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Civil Services (Prevention of Strikes) Act, 1966 Section 5

Title: Penalty for Instigation, Etc.

State: Karnataka

Year: 1966

Any person who instigates or incites State civil servants to take part in, or otherwise acts in furtherance of a strike, shall be punished with imprisonment for a term which may extend to one year1[and with fine which may extend to one thousand rupees]. _________________________ 1. Substituted by Act 6 of 1967 w.e.f. 20.4.1967.

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The 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.....

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Indian 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.....

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Indian 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,.....

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