Comprehension Passage
Sting operation is a phenomenon which became popular in 1970s. With the advent of technology and internet, sting operation is no more monopoly of media houses or big players. Being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions besides legal issues. The victim, who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentiality of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for the enticement. Another issue that arises from such an operation is the fact that the means deployed to establish the commission of the crime itself involves a culpable act. In the U.S. a sting operation is recognized as a legal method of law enforcement in a limited manner. The same is not the position in India. A sting operation carried out in public interest has had the approval of Court in R. K. Anand V/s Registrar, Delhi High Court (2009) though it will be difficult to understand the ratio in the said case as an approval of such a method as an acceptable principle of law enforcement valid in all cases. A crime does not stand obliterated or extinguished merely because its commission is claimed to be in public interest. Any such principle would be abhorrent to our criminal jurisprudence. At the same time the criminal intent behind the commission of the act will have to be established. The offence of abetment (section 107), criminal conspiracy (Section 120A ) s 354C, 354D under IPC and some provisions of the Information Technology Act, 2000 would, thus, require criminal intent.
A person who does a sting operation
1
does not commit any offence
2
will commit offence, if criminal upon whom sting is done, is not caught
3
does not commit any offence, if sting operation is done in public interest
4
can commit offence like abetment etc.