Scope of liability of Criminal Omission:
Failure to act when required by law, is an act of criminal omission. It is a strict liability if specifically punishable by a law. However no omission can be presumed as criminal omission, especially if the relevant statute did not provide for the consequences of such criminal omission.
Indian Penal code 1860 vide Sections 32 and 35 provide for criminal liability in respect of certain Omissions:
The section 32 and 35 of Penal Code are as under:
32. Words referring to acts include illegal omissions.: In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
35. When such an act is criminal by reason of its being done with a criminal knowledge or intention.: Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.