Section 108A of Indian Penal Code, 1860 – Explained!

The Adaptation of Laws Order, 1948 substituted by the words ‘British India’ by the words ‘the Provinces’ which were substituted by the words ‘the States’ by the Adaptation of Laws Order, 1950, which were again substituted by the words ‘India’ by Act III of 1951.

This section extends the law of abetment of offences committed outside India. It states that a person who, in India, abets the commission of an act without and beyond India which would constitute an offence if committed in India, is an abettor within the meaning of this Code. The illustration given under this section, even though correct when it was formulated, it no more appropriate in view of the fact that Goa is not a foreign territory anymore and is a part of India now. The illustration should thus be modified now as ‘A, in India instigates B, a foreigner in Australia, to commit a murder in Australia. A is guilty of abetting murder’. It must be noted here that vide section 196 (1)

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(c) of the Code of Criminal Procedure, 1973 no court shall take cognizance of any such abetment as is described in section 108-A of the Indian Penal Code except with the previous sanction of the Central Government or the State Government.

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