09 August 2012
the facts of the case are:- 3 ppl were abusing a physically abusing a girl and at this moment one person (A) frm the crowd shouted those word ....this angered the crowd and they started chasing those 3 ppl while this person A caught the 2 person and beat them and handed them over to police. while another person (B)caught the 3rd person and was about to beat him with chappals, somebody from the crowd threw a knife towards him and he stabbed the 3rd person
1) now wheather B is liable for murder? 2)wheather person a can be held liable for abetment to commit murder? pls explain
10 August 2012
1. IT DOES amount to "abetment to murder". However this would be applicable only in Bollywood Courts, located at Film-City (Mumbai).
2. OF THE LEGAL COURSE, it would amount to wishful angered thinking and not an evidential motive. General public, routinely keep saying such things about Politicians and Religiious leaders (eg. all politicians should be lined-up and shot) AND (eg. that such an such Swami has sacrificed childrens for his black magic rituals).
10 August 2012
The words followed by action comes in the definitions if abatement and punishable as per provisions of IPC. A B and entire crowd is liable but the amount of punishment may be different person to person.
1. The lawful criteria for "ABETMENT" (u/s 107 IPC) can be full-filled, chiefly by three components : a) Instigation b) Conspiracy c) Intention
All three above are inter-linked together. a) "Instigation" is not on the spur of the moment and is pre-planned (i.e. conspiracy) with specific intention. b) "Conspiracy" is between two pre-determined persons, with specific intention and does not require instigation c) "Intention" is by a master-mind, who conspires with other like-minded persons (abetors) to join him
In the original question by the querist, the general un-planned .AND. un-intended words uttered in anger is on the "Spur of the moment" by an unknown-person, hence there is no component of a) Instigation .PLUS. b) Conspiracy .PLUS. c) Intention, SINCE an unknown person cannot abet with the crowd of other unknown persons, hence the criteria of conspiracy with common intention to abet cannot be fulfilled.
Conclusively, the un-planned violent action of the unknown-persons-of-the-crowd cannot be termed as Abetment with each other, but leaves ample scope under other sections of IPC.