i860: Act XLV,] Indian Penal Code. 261

(Chapter IV.—General Exceptions. Chapter V.—Of Abetment.)

The right of private defence of property against criminal trespass
br mischief continues as long as the offender continues in the com-
mission of criminal trespass or mischief.

The right of private defence of property against house-breaking
by night continues as long as the house-trespass which has been
begun by such house-breaking continues.

106. If in the exercise of the right of private defence against an Right of
assault which reasonably causes the apprehension of death, the JJJS^
defender be so situated that he cannot effectually exercise that against
tight without risk of harm to an innocent person, his right of private JJJU^ wheu

defence extends to the running of that risk, there is risk

of harm to
innocent
Illustration. person.

A is attacked by a mob who attempt to murder him. He cannot effect-
ually exercise his right of private defence without firing on the mob, and he
cannot fire without risk of harming young children who are mingled with
the mob A commits no offence if by so firing he harms any of the children.

CHAPTER V.
OF ABETMENT.

107. A person abets the doing of a thing, who— Abetment of
First.—Instigates any person to do that thing ; or, a ins*
Secondly.—Engages with one or more other person or persons in

any conspiracy for the doing of that thing, if an act or illegal omis-
sion 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 L—A person who, by wilful misrepresentation, or
by wilful concealment of a material fact which he is bound to dis-
close, voluntarily causes or procures, or attempts to cause or procure,
a thing to be done, is said to instigate the doing of that thing.

Illustration.

A, a public officer, is authorized by a warrant from a Court of Justice to
apprehend Z. B, knowing that fact and also that C is not Z, wilfully repre-
sents to A that C is Z, and thereby intentionally causes A to apprehend C.
Here B abets by instigation the apprehension of C.

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

108. A person abets an offence, who abets either the commission Abettor.
of an offence, or Ihe commission of an act which would be an offence,

if committed by a person capable by law of committing an offence
the same intention or knowledge as that of the abettor.