Legal Question in Criminal Law in India

illegal constructions by real estate owners can be binded over under Cr pc 107


Asked on 1/06/13, 5:34 am

5 Answers from Attorneys

file civil suit of injunction

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Answered on 1/06/13, 5:39 am
Fca Prashant Chavan Expert Edge LLP

06.01.2013

Dear Sir / Madam,

Section 107 in The Indian Penal Code, 1860 reads -

107. 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.

Explanation 1.- A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2. - Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Illegal constructions by real estate owners do come under the purview of the above IPC.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/06/13, 8:50 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

query not clear.

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Answered on 1/07/13, 3:22 am
Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 1/12/13, 11:13 pm


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