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NAVJOT ROMANA   06 September 2019

115, 302 IPC

A police case has been registered under sections 115, 302 IPC. No one dead. Only ground to register such case is that a person posted on Facebook that if anyone hit any specific person, he will give reward to that person. FIR on the statement of that 'specific person'. Will this FIR sustain ? Please clear the picture with citations on all sides on this proposition.


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 2 Replies

Abhishek Das   09 September 2019

The concept of abetment widens the horizons of criminal law to incorporate these criminal intentions and penalize them even when the person who bought the knife did not actually kill anyone but handed it over to someone else to do it. To explain the concept of abetment, the word ‘abet’ should be given a deep scrutiny. In general use, it means to aid, advance, assist, help and promote.

According to section 115 of ipc : A instigates B to murder Z. The offence is not committed, if B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment upto 7 years and also fine and if hurt be caused to Z in consequence of the abetment he will be liable to imprisonment upto 14 years and also fine.

please click on the following links for explanations and case laws

https://blog.ipleaders.in/abetment-ipc/

 

Abhishek Das   09 September 2019

The concept of abetment widens the horizons of criminal law to incorporate these criminal intentions and penalize them even when the person who bought the knife did not actually kill anyone but handed it over to someone else to do it. To explain the concept of abetment, the word ‘abet’ should be given a deep scrutiny. In general use, it means to aid, advance, assist, help and promote.

According to section 115 of ipc : A instigates B to murder Z. The offence is not committed, if B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment upto 7 years and also fine and if hurt be caused to Z in consequence of the abetment he will be liable to imprisonment upto 14 years and also fine.

please click on the following links for explanations and case laws

https://blog.ipleaders.in/abetment-ipc/

 


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