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Queen-empress Vs. Abdul Kadar Sheriff Saheb - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad8
AppellantQueen-empress
RespondentAbdul Kadar Sheriff Saheb
Excerpt:
criminal procedure code, sections 195, 4-38--abetment of an offence, section 109, penal code--sanction to prosecute unnecessary. - 1. the abetment of an offence is an offence of itself and is punishable under separate sections of its own. none of those sections is mentioned in clause (b) of section 195 of the code of criminal procedure, and therefore sanction need not be obtained in respect to them.2. the fact that the legislature has not included in section 195 the sections of the penal code relating to abetment is probably due to the circumstance that in the generality of cases the facts connected with the abetment are not likely to come before the court.3. the costs of this reference must be paid by the accused at whose instance it was made.
Judgment:

1. The abetment of an offence is an offence of itself and is punishable under separate Sections of its own. None of those Sections is mentioned in Clause (b) of Section 195 of the Code of Criminal Procedure, and therefore sanction need not be obtained in respect to them.

2. The fact that the Legislature has not included in Section 195 the Sections of the Penal Code relating to abetment is probably due to the circumstance that in the generality of cases the facts connected with the abetment are not likely to come before the Court.

3. The costs of this reference must be paid by the accused at whose instance it was made.


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