Guard helped the thieves
Our guard left the gate open of our house so that thieves can enter and commit theft. I want to know the liability of the guard?
Guard has a duty to protect the house and to keep the house locked for safety. If you have evidence to prove that the guard intentionally left the door open then he can be held liable for abetment of theft under section 107 clause c i.e. intentional adiding. If theft has been succesfully committed then the punishment for the guard will be ascertained from section 109 i.e. same as that of theft unless an express provision is provided.
Section 107 in The Indian Penal Code
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.
Section 109 in The Indian Penal Code
109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.—Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.
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