Question

A’ instigates ‘B’ to instigate ‘C’ to secretly bury the dead body of ‘C’s baby in order to conceal the birth of the child. ‘B’ instigates ‘C’ in consequence thereof. ‘C’ refuses to do the needful. In such a situation which of the following denotes the correct position?

A’ instigates ‘B’ to instigate ‘C’ to secretly bury the dead body of ‘C’s baby in order to conceal the birth of the child. ‘B’ instigates ‘C’ in consequence thereof. ‘C’ refuses to do the needful. In such a situation which of the following denotes the correct position?

.

Option A: A’has committed no offence.
Option B: B’ has committed an offence.
Option C: B’ has committed no offence.
Option D: Both (1) and (3).

Correct Answer

Option: b

Explanation

Abettor.—A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

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THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 01 Q. NO. 1 TO 30)

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 19 Q. NO. 721 TO 760)

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