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  • Read the passage and answer the question that follow. Abetment is a procedure in which there is a mental progression of instigating an individual or intentionally aidin

Read the passage and answer the question that follow.
Abetment is a procedure in which there is a mental progression of instigating an individual or intentionally aiding a person in doing a particular act. The purpose of the legislature and the proportion of the cases decided by the Supreme Court is obvious that in order to charge a person under section 306 Indian Penal Code, 1860 there has to be a lucid mens rea to commit the offence. It also requires a dynamic act or direct act, which led the deceased to commit suicide seeing no alternative and that act must have been intended to put the deceased into such a point that he had to commit suicide. In the case of suicide, an offence of abetment punishable under Section 306 is inherent. Therefore, even in the case of suicide, there is an obligation on the person, who knows or has reason to believe that such a suicidal death has occurred, to give information. In Kali- das Achamma v. The State of A.P., S.H.O. Karimnagar. I Town P.S., [1987] 2 ALT 937 it was observed as under: "In the case of every suicide, abetment is inherent. Whether ultimately it is proved or not, it is a different aspect. Abetment of suicide is an offence punishable under Section 306 I.P.C. and therefore whenever a case of suicide is there, the body cannot be disposed of without informing the Police and further as provided under Section 174 Cr.P.C. The Police have to hold an inquest Since it is an unnatural death.' In the instant case A 1, who reached his house on 18.3.82 knowing fully well that the deceased had already died, informed P.W. 8 that the deceased was in a serious condition. Likewise, he informed P.W. 12 on the telephone without disclosing that the deceased was already dead. However, when P.W. 6, the brother of the deceased, came to the house where the dead body was lying, A 1 told him that the body would be cremated. To the same effect is the evidence of P.W. 13. P.W. 6, the brother of the deceased, on his own went and gave a report to the police. It can thus be seen that A 1 intentionally omitted to give the information in respect of the death of the deceased which he was legally bound to give.
Question
X is a police officer who is entrusted by the court to arrest Y. B informs X that C is Y, despite knowing that he isn’t. C files a case for wrongful arrest. Determine the liability of B.

 

 

 

Option: 1

B is not guilty since there was no wrongful intent

 


Option: 2

B is liable for mentally harassing X

 


Option: 3

B is liable for abetment for the wrongful arrest

 


Option: 4

Both b and c are true

 


Answers (1)

best_answer

Options a is not the right answer since the wrong information was provided knowingly, regardless of whether it was to commit harm or not. Option b is incorrect as there is no direct mental harassment by B, which is to say that the harassment arose only after the wrongful arrest case was filed. Option c is the right option since wrong information was provided deliberately. Option d is eliminated since b is false and c is true.

 

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Gaurav

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