Summary of Abetment | Section 45 | BNS 2023 | PW Legal Bytes | Judiciary By PW

Summary of the Video on Abetment | Section 45

Main Ideas and Concepts:

• Introduction to Abetment:
  • The session is led by Sandeep Khatri, focusing on the concept of Abetment as defined in Section 45 of the Indian Judicial Code.
  • The video contrasts this with Section 107 of the Indian Penal Code (IPC) 1860, highlighting the differences in chapter and section numbers.
• Quiet Offences:
  • Abetment, criminal conspiracy, and attempt are grouped under "Quiet Offences," which are incomplete offences.
  • An offence is considered complete only when the intended crime is executed.
• Essentials of Abetment:
  • Abetment involves three key concepts:
    • Instigation: Inciting someone to commit an offence.
    • Conception: Planning or conspiring with others to commit an offence.
    • Intentional Aiding: Helping someone with the intention of facilitating the commission of an offence.
• Examples to Illustrate Abetment:
  • Various scenarios are presented to clarify the concept:
    • Instigation Example: A provoking someone to commit murder.
    • Conception Example: Planning to cheat on an exam.
    • Intentional Aiding Example: Aiding a person in committing a second marriage despite knowing they are already married.
• Key Legal Language:
  • The section defines Abetment in terms of instigation, conspiracy, and intentional aiding, emphasizing that Abetment occurs if any of these actions lead to an illegal act.
• Explanation of Key Terms:
  • Willful Misrepresentation: Intentionally providing false information.
  • Material Facts: Important facts that one is obligated to disclose.
• Timing of Abetment:
  • Abetment can occur either before or during the commission of an offence but cannot occur after the offence has been committed.
• Legal Consequences:
  • If someone aids or abets an offence, they can be held liable even if the offence is not completed.
  • Providing assistance after the offence (like harboring) is treated differently and falls under a separate legal category.

Methodology/Instructions:

• Understand the definitions and implications of the three key concepts of Abetment.
• Apply the concepts to hypothetical scenarios to determine if Abetment has occurred.
• Recognize the importance of timing in relation to the commission of an offence and Abetment.

Speakers/Sources Featured:

• Sandeep Khatri - The primary speaker and educator in the session.

Notable Quotes

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Category

Educational

Video