High CourtsDivision Bench(1896) 09 MAD CK 0016

Queen-Empress vs Abdul Kadar Sheriff Saheb

Madras High Court · Decided on 14 September 1896 · Citation: (1897) ILR (Mad) 8

HON’BLE JUDGES
Subramania Ayyar, J · Davies, J

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Judgment

5 paragraphs · 114 words
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.