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Questions and Answers
What is the maximum term of imprisonment A could face if he instigates B to murder Z and B does not commit the murder?
What is the maximum term of imprisonment A could face if he instigates B to murder Z and B does not commit the murder?
- Four years
- Ten years
- Life imprisonment
- Seven years (correct)
If B abets the commission of robbery by A, a police officer, and the robbery is not carried out, what is B liable to face?
If B abets the commission of robbery by A, a police officer, and the robbery is not carried out, what is B liable to face?
- Four years of imprisonment
- No punishment
- Life imprisonment
- One-half of the longest term of imprisonment provided for robbery (correct)
Which condition increases the penalty for abetment if the abettor is a public servant?
Which condition increases the penalty for abetment if the abettor is a public servant?
- When the offence is severe
- When the offence is committed
- When the public servant's duty is to prevent the offence (correct)
- When the abettor is not present
In the event that someone conceals a design to commit an offence that is punishable by death, what is the maximum imprisonment term if the offence is not committed?
In the event that someone conceals a design to commit an offence that is punishable by death, what is the maximum imprisonment term if the offence is not committed?
What penalty does an abettor incur if the abetted offence does not occur and no specific provision exists for punishment?
What penalty does an abettor incur if the abetted offence does not occur and no specific provision exists for punishment?
What is the maximum punishment for a person who instigates others in a public place to engage in harmful actions against another group, specifically when it involves more than ten people?
What is the maximum punishment for a person who instigates others in a public place to engage in harmful actions against another group, specifically when it involves more than ten people?
Should an abettor face imprisonment even if the offence they instigated does not occur?
Should an abettor face imprisonment even if the offence they instigated does not occur?
What characterizes the act of abetting in relation to the potential punishment for the abettor?
What characterizes the act of abetting in relation to the potential punishment for the abettor?
When an abettor is liable for imprisonment due to an offence which causes hurt, what is the potential maximum term they could face?
When an abettor is liable for imprisonment due to an offence which causes hurt, what is the potential maximum term they could face?
What is the consequence for A, who misleads the Magistrate regarding the location of the dacoity?
What is the consequence for A, who misleads the Magistrate regarding the location of the dacoity?
What is one of the penalties for a public servant who conceals a design to commit an offence punishable with death?
What is one of the penalties for a public servant who conceals a design to commit an offence punishable with death?
In the scenario, what action did A take that led to a dacoity being committed?
In the scenario, what action did A take that led to a dacoity being committed?
Which of the following describes A's legal obligation as a public servant?
Which of the following describes A's legal obligation as a public servant?
What can happen if the offence is not committed, following A's omission to report?
What can happen if the offence is not committed, following A's omission to report?
If the dacoity is planned but not executed, what will be the outcome for A if he concealed the design?
If the dacoity is planned but not executed, what will be the outcome for A if he concealed the design?
What is the primary intent behind A's misleading information to the Magistrate?
What is the primary intent behind A's misleading information to the Magistrate?
What should A have done as a public servant when he knew about the design to commit robbery?
What should A have done as a public servant when he knew about the design to commit robbery?
Considering the actions of A, which of the following best describes his conduct?
Considering the actions of A, which of the following best describes his conduct?
What is the consequence for an abettor if the act abetted is carried out without any express provision for punishment?
What is the consequence for an abettor if the act abetted is carried out without any express provision for punishment?
In the context of abetment, what defines an act as being committed in consequence of abetment?
In the context of abetment, what defines an act as being committed in consequence of abetment?
If a person abets an offence but the act is performed with a different intention than that of the abettor, what occurs?
If a person abets an offence but the act is performed with a different intention than that of the abettor, what occurs?
When is an abettor liable for an act that is different from what was intended?
When is an abettor liable for an act that is different from what was intended?
What must be proven for an abettor to be held accountable for a crime committed by another?
What must be proven for an abettor to be held accountable for a crime committed by another?
What factor influences the punishment of an abettor when a different act is done than intended?
What factor influences the punishment of an abettor when a different act is done than intended?
In an act involving abetment, which of the following is true about the liability of the abettor?
In an act involving abetment, which of the following is true about the liability of the abettor?
What is an essential element constituting an offence when abetting occurs?
What is an essential element constituting an offence when abetting occurs?
If a child is instructed by an abettor to commit an act that results in harm, what is the responsibility of the abettor?
If a child is instructed by an abettor to commit an act that results in harm, what is the responsibility of the abettor?
If A instigates B to commit an act that results in a distinct offense not connected to the initial act, what is A's liability?
If A instigates B to commit an act that results in a distinct offense not connected to the initial act, what is A's liability?
What determines if A is liable for murder in relation to Z's death caused by B and C?
What determines if A is liable for murder in relation to Z's death caused by B and C?
When B resists a public servant and causes grievous hurt, what are both B's and A's liabilities?
When B resists a public servant and causes grievous hurt, what are both B's and A's liabilities?
In terms of abetment, when can an abettor be liable for unintended consequences of their instigation?
In terms of abetment, when can an abettor be liable for unintended consequences of their instigation?
What would be the consequence for A if B, instigated by A, commits a robbery that escalates into a violent act?
What would be the consequence for A if B, instigated by A, commits a robbery that escalates into a violent act?
If an abettor's intent was to cause injury but the outcome was death, under what circumstance would they still be liable for murder?
If an abettor's intent was to cause injury but the outcome was death, under what circumstance would they still be liable for murder?
What can be concluded about A's liability if B commits a theft alongside an act A instigated?
What can be concluded about A's liability if B commits a theft alongside an act A instigated?
If a person, who would normally be considered an abettor, is present when the instigated act is committed, what is their liability?
If a person, who would normally be considered an abettor, is present when the instigated act is committed, what is their liability?
What is the outcome if an abettor intended to cause a specific harm but the act resulted in an unrelated consequence?
What is the outcome if an abettor intended to cause a specific harm but the act resulted in an unrelated consequence?
How can an abettor's knowledge of a probable consequence of their instigated act affect their liability?
How can an abettor's knowledge of a probable consequence of their instigated act affect their liability?
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Study Notes
Abetment and Liability
- Abetment involves instigating or aiding in the commission of an offence, leading to the abettor being charged with the same punishment as the principal offender when the act abetted is executed.
- An abettor can be charged if the person abetted acts with a different intention or knowledge; they will incur punishment related to the act that aligns with the abettor's intention.
- Liability extends to cases where the outcome of the act performed differs from what was intended by the abettor, as long as the act was a probable consequence of the instigation or conspiracy.
Illustrative Examples of Abetment
- If A instigates B to give false evidence, and B follows through, A is liable for the same offence.
- A and B conspiring to poison Z results in A being liable for murder if Z dies, even if A did not administer the poison.
- When a child mistakenly poisons Y instead of Z after being instigated by A, A can still be charged for the act against Y, provided it was a probable result of A's instigation.
Cumulative Punishment
- If the act abetted is committed alongside another distinct offence, the abettor can face punishment for both. For example, A can be held liable for both burning a house and any theft committed by B if it wasn't a probable consequence of the burning.
Intent and Knowledge
- When an abettor acts with the intent to cause a specific effect, they are liable for the actual effect caused if they knew it was likely to occur.
- A instigating B to inflict grievous hurt, resulting in death, incurs murder charges if aware that the hurt could lead to death.
Presence During Commission
- An abettor present during the commission of an offence is treated as if they directly committed the act, which broadens their liability.
Punishments Related to Death or Life Imprisonment Offences
- Abetment of offences punishable with death or life imprisonment can lead to a maximum of seven years imprisonment if the crime does not occur.
- If harm results from the commission of the offence, penalties can extend to fourteen years of imprisonment and fines.
Abetment of Lesser Offences
- For abetting related to lesser offences punishable by imprisonment, the abettor faces a maximum of one-fourth of the longest term for the actual offence.
- Special provisions exist for public servants who facilitate or conceal designs related to offences they are duty-bound to prevent; penalties are more severe in these cases.
Public Incitement
- Individuals inciting offences by more than ten people face up to seven years of imprisonment and fines.
- For example, A encourages violence among members of a sect, leading to offence charges for instigation.
Concealment of Offences
- Concealing knowledge of an impending serious offence with intent to facilitate it attracts severe penalties, including imprisonment terms of up to ten years if the crime is committed.
- A public servant failing to report knowledge of a crime they are obligated to prevent faces significant penalties based on the gravity of the hidden crime.
Summary of Legal Consequences
- Abettors can be charged based on their actions and intentions, and the legal consequences can scale from minor offences to severe, lethal acts, influencing potential prison sentences and fines accordingly.
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