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Adv. Subhadeep Saha (Lawyer.)     25 March 2011

vicarious liablity

Is there any offence in IPC which incorporates the doctrine of vicarious liablity as in law of torts?



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 7 Replies

pratik (self working)     25 March 2011

Good Question i would also like to know sirji.


(Guest)

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.


(Guest)

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.


(Guest)

Smt. Pratima Sharma vs Cartel Finance And Investments ... on 24 October, 2007

This judgment in para 15 says:-

For example, under the Indian Penal Code, vicarious liability can be fastened under Sections 34, 109, 120-B and 149 IPC.

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.


(Guest)

S.154 & 156 to me is not a case of vicarious liability.  Both these sections casts a duty on the person and he is punishable for his ommission to perform the lawfuly duty cast on the said person of preventing the commission of the offence.  Hence these are not cases of vicarious liability.


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