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A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to…

Section 49 of the BNS punishes an abettor with the punishment for the offence when the act abetted is committed in consequence of the abetment. Illustration (b) to section…

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A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z's death. What is the liability of each under the BNS?

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Correct answer C

Section 49 of the BNS punishes an abettor with the punishment for the offence when the act abetted is committed in consequence of the abetment. Illustration (b) to section 49 is this case: the one who administers the poison commits murder, and the one who procured it is guilty of abetting by conspiracy and liable to the punishment for murder. So "B is guilty of murder, and A is guilty of abetting the murder by conspiracy and is liable to the punishment for murder". A's absence is no defence, and the six-month limit in section 61(2)(b) applies only to conspiracies to commit lesser offences.

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