Under the Bharatiya Nyaya Sanhita, 2023, A instigates B, a person of unsound mind, to set fire to a…
B, being incapable of knowing the nature or wrongfulness of his act, commits no offence under s.22 BNS, but under s.46 Explanation 3 A is guilty of abetting the offence of…
Choose your answer
Under the Bharatiya Nyaya Sanhita, 2023, A instigates B, a person of unsound mind, to set fire to a dwelling house. B, incapable of knowing the nature of the act or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A's instigation. Which one of the following statements is legally correct?
Answer and explanation
Correct answer B
B, being incapable of knowing the nature or wrongfulness of his act, commits no offence under s.22 BNS, but under s.46 Explanation 3 A is guilty of abetting the offence of setting fire because the abettor's liability does not depend on the incapable person's guilt.
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