cover image: The Calcutta Law Journal  March 16  1912

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The Calcutta Law Journal March 16 1912

1912

Section no runs thus : “Whoever abets the commission of an offence shall if the person abetted does the act with a different intention or knowledge from that of the abettor be punished with the punisment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.” We need not be scholars to understand that [...] a different effect from that intended by the abettor the abettor is liable for the effect caused in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect provided he knew that the act abetted was likely to cause that effect.” Here also the abettor is punished only if “he knew that the act abetted was likely to cause that effect.” Does it no [...] From the above it is as obvious as anything that the Code enhances the punishment of the abettor if the offence abetted is committed ; that it regards the non-commission of the guilt abetted as an extenuating or mitigating circumstance in favour of the abettor ; and that if the offence abetted is committed only in part the punishment meted out by the Code is about midway between the two punishme [...] Now why this difference in punishments created 'in the cases above referred to ? Why should the punishment of the abettor be enhanced when the offence abetted is committed ? Is not the offense of abetment complete in itself ? Is it not unconnected with the commissiop or otherwise of the offence abetted ? It is trite learning that the guilt of the abettor is complete in itself and unconnected wit [...] The proximate cause of the accident was the running of the train against the carriage of the plaintiff and not the running of the carriage across the line there being no obstruction at the time it was passing.
law
Pages
6
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Jouranal
37-42 unknown view

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