Dec 6, 2011

Criminal Law: The Principles and Spectrum

"Crime" is an act, in the form or commission or ommision, in violation of a law forbidding or commanding it and for which punishment is imposed upon conviction by the State (the Country)(for local crime)

"Attempt": Such an intentional preparatory act as will apparently result, if not extrinsically hindered, in a crime which it was designed to effect (See Wharton).

Section 107. Abetment of a thing.
A person abets the doing of a thing who-
(a) instigates any person to do that thing;
(b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(c) intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1-A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

A, a public officer, is authorized by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

Explanation 2-Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Section 52. "Good faith".
Nothing is said to be done or believed in good faith which is done or believed without due care and attention.

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