I would like to bring to your kind attention about the infructuous Illustration of section 108 A of Indian Penal Code.
Section 108 A defines as
“108A. Abetment in India of offences outside India.
A person abets as offence within the meaning of this in Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.”
The above mentioned section is enacted for the definition of an Abetment in India of offences outside India.
This section has one Illustration as follows:
A, in India, instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder. “
In this Illustration it is mentioned that if one person from India instigates a foreigner, who is in Goa, to commit a murder in Goa, the person who instigates, is guilty of abetting murder. In this Illustration, Goa is shown as foreign territory.
In fact, Goa was territory of Portugal at the time the Code was enacted and it continued up to 1961. Hence, at the time of enactment of this Code, this Illustration was apt. At this juncture, Goa has become territory of India in 1961. Once Goa became a part of India, the Illustration has become infructuous. But, unfortunately, the infructuous Illustration is continued for the past 49 years and the Infructuous Illustration is misleading the meaning of definition of the section 108 A of the Code.
(G. KAMARAJ BHARATHY)
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Tags :Criminal Law