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A, intending to murder Z, instigates B, a child under seven, to cause Z’s death. B does so in A’s…

Section 46 Explanation 3 does not require the person abetted to be legally capable of an offence, and its child illustration makes A liable to punishment as if B were…

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A, intending to murder Z, instigates B, a child under seven, to cause Z’s death. B does so in A’s absence. Under BNS section 46 Explanation 3’s illustration, what follows, apart from any separate child-hiring offence?

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Correct answer A

Section 46 Explanation 3 does not require the person abetted to be legally capable of an offence, and its child illustration makes A liable to punishment as if B were capable and had committed murder, so "A is liable for abetting murder and punishment as if the person abetted were legally capable; B commits no offence because of age." Section 20 protects a child under seven, so "Both A and B must be convicted of murder regardless of B's age." is wrong. A's absence does not defeat the stated abetment.

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