Site navigation

A intends to murder Z and instigates B, a child under seven, to cause Z's death. B does so in…

Section 46, Explanation 3 and its illustration (b), makes an abettor liable even though the person instigated is legally incapable of committing an offence, so "A remains…

Choose your answer

A intends to murder Z and instigates B, a child under seven, to cause Z's death. B does so in consequence of the instigation while A is absent. Which statement follows under the BNS?

Select one answer
Answer and explanation

Correct answer B

Section 46, Explanation 3 and its illustration (b), makes an abettor liable even though the person instigated is legally incapable of committing an offence, so "A remains liable for the abetment despite B's legal incapacity". It follows that "A is exempt because B cannot commit an offence" is wrong. Section 20 exempts a child under seven, so "B is criminally liable for murder despite being under seven" is wrong, and presence is not required for abetment, so "A is liable only if personally present at the killing" is also wrong.

Practice for these exams

Related exam syllabi

Related questions in this topic