ABETMENT, WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT, CRIMINAL CONSPIRACY, GRIEVOUS HURT & CRIMINAL TRESPASS ENSHRINED IN INDIAN PENAL CODE.

 

ABETMENT, WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT, CRIMINAL CONSPIRACY, GRIEVOUS HURT & CRIMINAL TRESPASS ENSHRINED IN INDIAN PENAL CODE.

ABETMENT

Section 107 of Indian penal code reads as follows:

A person abets the doing of a thing, who

1.  Instigates any person to do that thing; or

2.  Engages with one or more other person or persons in any conspiracy for 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

3.  Intentionally aids, by any act or illegal omission, the doing of that thing.

Illustration:

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

WRONGFUL RESTRAINT

Section 339 of IPC reads as follows:

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person

Exception:- The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

ILLUSTRATION

A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

WRONGFUL CONFINEMENT

Section 340 of Indian penal code reads as follows:

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.

ILLUSTRATION:

a.  A causes Z to go within a walled space and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z

b.  A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

CRIMINAL CONSPIRACY

Section 120 – A of Indian penal code reads as follows:

When two or more persons agree to do, or  cause to be done:

1.  An illegal act, or

2.  An act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy;  

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

EXPLANATION:

It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

GRIEVOUS HURT

Section 320 of IPC reads as follows:

The following kind of hurt are designated as ‘grievous’

1.  Emasculation.

2.  Permanent privation of the sight of either eye

3.  Permanent privation of the hearing of either ear.

4.  Privation of any member or joint

5.  Destruction or permanent impairing of the powers of any member or joint.

6.  Permanent disfiguration of the head or face.

7.  Fracture or dislocation of a bone or tooth

8.  Any hurt which endangers life or which causes the sufferer to be during the space of twenty days bodily pain, or unable to follow his ordinary pursuits.

 

CRIMINAL TRESPASS

Section 441 of IPC reads as follows:

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,

Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence is said to commit ‘Criminal trespass’.