(Guest)

Hidding criminal offence.

IF Parents knew their son took a knife from home and with his Friend murdered someone, but for years they keep quit because of Family Name / Reputation in Society.

but years after when their Son Friend tried to kill their son, they report it along with the weapon they used to kill earlier Victim.

in this situation Parents are guilty of Crime or Not.

if yes under what IPC/CrPc.

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6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 March 2012

They were under an obligation u/s 39 of the CrpC to report the crime, in default - they are liable u/s 176/202 IPC. If they took positive steps to harbour/protect their son - a further liability arises u/s 212 IPC

(Guest)

Thank you Bharat; for quick reply.

why not charge them in muder case, as they knew earlier, they should have reported before murder and saved one innocent life.

(Guest)

https://mynation.net/laws/bare-acts/crpc/crpc-s39.htm [ Public to give information of certain offences.]

https://mynation.net/laws/bare-acts/ipc/ipc-s176.htm [ Omission to give notice or information to public servant by person legally bound to give it ]

https://mynation.net/laws/bare-acts/ipc/ipc-s202.htm [ Intentional omission to give information of offence by person bound to inform ]

https://mynation.net/laws/bare-acts/ipc/ipc-s221.htm [ Intentional omission to apprehend on the part of public servant bound to apprehend ]

These section simple one, Even they provided knife, arent they accessories to murder

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 March 2012

Certainly not - they did not provide the knife as per the facts - they merely knew he took it.

A lot of complicity is required to fasten criminal liability for such henious offences. To prosecute somebody for murder or the lesser offence of culpable homicide it is required to be proved that such person's act or omission was the causa causans (immediate cause of the death) it is his act that led to his death - furthermore Mens Rea won't be proved at all.

Secondly as regards abetment by intentional aiding (S.107 thirdly) there is no aiding - and if there is, it is not intentional - they did not have the desire that somebody be killed.