‘A’ instigates ‘B’ to instigate ‘C’ to secretly bury the dead body of ‘C’s baby in order to conceal the…
B commits abetment by instigating C to conceal the child's birth through secret disposal of its body. The person instigated need not carry out the act for abetment to be…
Choose your answer
‘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 under the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer B
B commits abetment by instigating C to conceal the child's birth through secret disposal of its body. The person instigated need not carry out the act for abetment to be complete, so C's refusal does not absolve B. A also remains liable because abetment of abetment is itself an offence under Explanation 4 to section 46 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 108 IPC).
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