Is there any offence in IPC which incorporates the doctrine of vicarious liablity as in law of torts?
Adv. Subhadeep Saha (Lawyer.) 25 March 2011
Is there any offence in IPC which incorporates the doctrine of vicarious liablity as in law of torts?
pratik (self working) 25 March 2011
Good Question i would also like to know sirji.
There is no offence in IPC which incorporates the doctrine of vicarious liability. However special enactments like negotiable instruments act, essential commodities act makes the offences under such enactments vicariously liable. However section 34 & 120 B of IPC to a large extent incorporates the doctrine of vicatious liability.
Adv. Subhadeep Saha (Lawyer.) 25 March 2011
No Mr. Menon. With due respect I don't agree with you. Sec.34 & 120B of IPC is based on joint liabilty & Sec.149 is based on constructive liabilty. None of these sections is based on vicarious liabilty.
Thanks for correcting me. But, In the first instance I have categorically answered. However in the concluding part I think I have not correctly worded. 34 & 120B is in the nature of vicarious liability. The following decision shows section 405 also is in the nature of vicarious liability. Expression "Save and except some provisions" used in the judgement I understand it to be 34 & 120B
Recently this position was reiterated in S.K. Alagh v. State of U.P. where the Supreme Court observed (SCALE p. 527):
16. Indian Penal Code, save and except some provisions specifically providing therefor, does not contemplate any vicarious liability on the part of a party who is not charged directly for commission of an offence.
Adv. Subhadeep Saha (Lawyer.) 26 March 2011
Thanks for the judgments Mr. Menon. I will refer them. But kindly see sec.154 & 156 of IPC and give me your opinion whether these sections incorporate the principle of vicarious liabilty. I think apart from the relevant sections of IPC mentioned in the referred judgments these 2 sections also somehow relate to vicarious liabilty.