Sec 109 IPC

Mahesh V.P. (Querist) 19 January 2009 This query is : Resolved
If Mr.A helps Mr.B to murder Mr.X, then Mr.B can be charged under Sec.302 IPC and Mr.A can also be charged U/s.302 read with Sec.109. My question is about the scope of Sec.109, will it be limited to offence mentioned in IPC or will its scope extend beyond IPC, say for an offence relating to Pollution Control Act.

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ARVIND JAIN (Expert) 19 January 2009
NO. POLLUTION CONTROL ACT IS A SPECIAL ACT.IF THERE IS NO PROVISION A CANT BE PROSECUTED U/S 109.

Mahesh V.P. (Querist) 19 January 2009
I have cited Pollution Control Act as an examble, So you seem to saying Sec.109 has no scope outside IPC ?, Thanks for your comments.

Adv.Shine Thomas (Expert) 20 January 2009
For the purpose of sec 109 IPC,it should be a criminal act defined under the sections of IPC.

K.C.Suresh (Expert) 22 January 2009
S. 109 itself is clear. It is not an independent section. It always have a parasitic tendency. If main offence is lost it lost its sight. If there is intentional instigation only section is attracted. however latter part of your question answered negatively.

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