Abatement in detail under IPC, Lecture notes of Civil Law

Download Abatement in detail under IPC and more Lecture notes Civil Law in PDF only on Docsity! Abatement under Indian Penal Code Chapter V, section S 107 to 120, relating with Abatement. When several person s take part in the commission of an offence, each one of them may contribute in a manner and degree different from the others to the commission of it. The offence may be committed by the hands of one person at the instigation of another person, while some other may only be present for offering help at the time of commission of it, and still others may help the principal culprit in procuring the tolls. It is necessary, therefore, to mark the nature and degree of participation of each of the persons to determine their degree of culpability. However several gradations of action do not necessarily imply different measures of guilt with a view to distinctions in punishment. In English Law, differently treat the principle offender who may be of first degree and accessories who may be second degree. IPC- The Indian penal code makes a brad distinction between principals and abettors but does not recognize the accessory after the fact except that offenders has been made a substantive offence in some cases. Under IPC abatement is constituted in the following ways: 1. 1. Instigating. 2. 2. Engaging 3. Aiding. Instigating- Means the act of inciting another to do a wrongful act. One may abet the commission of an offence by counseling, suggestions, encouraging, pouring or commanding another to do an act. In order to constitute abatement by instigation some active proceeding towards the preparation of the crime is necessary. To instigate means to actively suggest or stimulate by any means or language, direct or indirect, whether it take the form of express solicitation or of hints, insinuation or encouragement, or to provoke, incite, urge or encourage to do an act. Any form of language may be used but there must be reasonable certainty in regard to the meaning of the words which an inciter may use. Illus- A and B discovering that C intended to commit theft in Z's house. Arrange together to persuade him to steal there from certain articles form them. Here A and B will be liable for abatement and C for theft. Mere acquiescence, silent assent or verbal permission would not constitute instigation. A tells B that he intends to murder C,B says do as you like, A kills C, here B cannot be said to have instigated. Reason- it was meant actively to suggest or stimulate the commission of an offence. Willful misrepresentation or Concealment: Explanation I of section 107 of IPC says that instigation may be constituted of willful misrepresentation or willful concealment of a material fact by one who is bound to disclose it. Instigation by Letter: Instigation may be direct or it may be by a letter. Where A writes a letter to B instigating thereby to murder C, the offence of abatement by instigation is completed as soon as the contents of the letter become know to B. if the letter never reaches B, it is only an attempt to abet but not abatement. Abatement by Engaging Abatement by conspiracy: abatement of conspiracy consist when two or more person engage in a conspiracy for doing a thing which is illegal thing or act or illegal omission. Thus in order to constituted abatement by conspiracy following conditions must be there: 1. A conspiracy between two or more person. 2. An act or illegal omission may take place of that conspiracy. Conspiracy means an agreement between two or more persons: To do an illegal act or To do an act which is not illegal by illegal means.