Question

To prove both the parts of the offence contemplated in Section 116 of the Indian Penal Code, which of the following must be proved by the prosecution? (1) to prove the first part, the accused did abet the offence either by instigation or by conspiracy or by intentional aiding or by illegal omission. (II) to prove the first part, the offence was such which is punishable with imprisonment. (III) to prove the second part, the person abetted was a public servant during the period he was abetted. (IV) to prove the second part, it was the duty of such public servant to prevent the commission of such an offence.

To prove both the parts of the offence contemplated in Section 116 of the Indian Penal Code, which of the following must be proved by the prosecution? (1) to prove the first part, the accused did abet the offence either by instigation or by conspiracy or by intentional aiding or by illegal omission. (II) to prove the first part, the offence was such which is punishable with imprisonment. (III) to prove the second part, the person abetted was a public servant during the period he was abetted. (IV) to prove the second part, it was the duty of such public servant to prevent the commission of such an offence.

.

Option A: (I) and (III)
Option B: (I) and (IV)
Option C: (II) and (IV)
Option D: (I), (II), (II), (IV)

Correct Answer

Option: d

Explanation

The options provided are ingredients of the offence of abetment and the agravated offence of the same as specifically provides under Section 116 of IPC.

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