Questions and Answers on law Part 54

 

A 1:- Whether S 306 of IPC will be applicable if the person committing suicide survives?

Ans:- Central Government Act

Section 306 in The Indian Penal Code

306. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Accused will not be liable U/S 306 of IPC if  person committing suicide survives.

However he can be prosecuted U/S S 108 of IPC.

Central Government Act

Section 108 in The Indian Penal Code

108. Abettor.—A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of commit­ting an offence with the same intention or knowledge as that of the abettor. Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Illustrations

(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.

(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. Illustrations

(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

Q 2:- Whether after amendment of 9/8/2019 in Motor Vehicles Act still applications for no fault liability can be entertained?

Ans:-The 1988 Act provided for no fault liability under either section 140 or under section 163A. The amended act contains no such provision. Hence I consider that now application for no fault liability is not maintainable.

Q 3:- Whether Jr. Engineer working in Mah. State Electricity Distribution Company is a public servant for the purposes of S 353 of I .P. C. ?

Ans:-Central Government Act

Section 21 in The Indian Penal Code

21. “Public servant”.—The words “public servant” denote a person falling under any of the descriptions hereinafter following; namely:— 

 [(Twelfth) —Every person—(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).] Illustration A Municipal Commissioner is a public servant. Explanation 1.—Persons falling under any of the above descrip­tions are public servants, whether appointed by the Government or not.

Hence as per my opinion,Jr. Engineer working in Mah. State Electricity Distribution Company is a public servant for the purposes of S 353 of I .P. C.

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