An Overview Of Vicarious Liability Under Section 149 Of IPC
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An Offence shall mean any act or omission made punishable by any law for the time being in force as defined in Section 3(38) of the General Clauses Act. Section 40 of the Indian Penal Code,
inter alia, defines the word Offence denoting a thing made punishable by this Code. Article 20(1) of the Indian Constitution by guaranteeing as a fundamental right, mandates that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence. From these statutory definitions and the Constitutional protection, it is manifestly clear that a person can be punished for an act or omission done by him which is forbidden by law and made punishable under a Penal law. In other words, for the act or omission committed by someone else, he cannot be punished. The Doctrine of Vicarious Liability is applicable to Civil Law. But the C