N.K.Assumi (Advocate) 22 April 2009
A and B are two brothers: A was tried for a Criminal Offence and sentence to 7 years imprisonment. Can B volunteer to undergo imprisonment for A, though he was not figured an the case? In Law of torts the master is liable for his servants, so can we apply the same in criminal case also?
Swami Sadashiva Brahmendra Sar (Nil) 22 April 2009
No sir ! there is no cocept of transfer of sentence uncer criminal jurisprudence.
Mahesh V.P. (Advocate) 22 April 2009
It would be indeed a gift to have a brother like Mr.B, Other than in Rama Rajya no where you will find such a brother. But unfortunatly punishment is for the crime commited and the person /offender has to undergo the punishment. Coming to the second part of the question the master is also liable to be charged U/s.109 along with the servent for criminal activity of the servent in course of employment.
N.K.Assumi (Advocate) 22 April 2009
Thank you for the response"
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