consent can not be given for crime e.g. criminal abortion....please add few more examples to explains it nicely if u people have gone through some law books.
2007-04-05 10:07:25 · 3 answers · asked by ramesh d 1 in Politics & Government ➔ Law Enforcement & Police
Consent to any crime will amount to either act done by several persons in furtherance of common intention.
When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. As provided by section 34 of the Indian Penal Code or it will amount to Abetment of a thing
A person abets the doing of a thing, who-
First: -Instigates any person to do that thing; or
Secondly: -Engages with one or more other person or persons in any conspiracy for the 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
Thirdly: -Intentionally aids, by any act or illegal omission, the doing of that thing. As provide in section 107 of IPC.
Now whether such consent will be punishable offence under section 34 or 107 will depend on the facts of the case, evidence & circumstances leading to the offence.
Now lets see in a man want his wife to be killed by some one he gives money to the criminal for doing so, here if the man himself is present at the site where his wife is being killed it will be presumed he was involved in her murder along with other person who actually killed his wife, so this man can be charged for murder under section 302 read with section 34 of the I.P.C. Now lets see what happens if in this very example the man himself is not present at the site where & when his wife is being killed although he engaged some one else for committing this crime/offence, in such a case he will be charged for abetment of this offence of murder, if sufficient evidence is produced against him for abetment of the murder under section 302 read with section 109 of the I.P.C.
2007-04-05 17:24:09 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
You could consent to being the victim of a crime if you engage in a fight with someone. If they beat you up and get arrested, their defense could be "mutual combat."
2007-04-11 14:26:39 · answer #2 · answered by maninthemirror327 3 · 0⤊ 0⤋
what examples are you after - you can not consent to your own murder - you can not consent to having your house burned down. An agreement or contract to carry out an illegal activity is void in law....
2007-04-05 17:20:44 · answer #3 · answered by Cyrus M 4 · 0⤊ 0⤋