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Under the Bharatiya Nyaya Sanhita, 2023, A instigates B to murder C. B refuses to do so. Of which…

Instigation is a mode of abetment under section 45. Explanation 2 to section 46 says the act abetted need not be committed; its illustration specifically treats instigation…

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Under the Bharatiya Nyaya Sanhita, 2023, A instigates B to murder C. B refuses to do so. Of which offence is A guilty?

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Answer and explanation

Correct answer C

Instigation is a mode of abetment under section 45. Explanation 2 to section 46 says the act abetted need not be committed; its illustration specifically treats instigation to murder followed by refusal as abetment of murder. Neither completed murder nor completed culpable homicide occurs on these facts.

Option feedback

Option A

No killing takes place, so completed murder is not established.

Option B

No death is caused, so completed culpable homicide is not established.

Option C

Correct: instigation constitutes abetment despite refusal, as the section 46 illustration expressly states.

Option D

Refusal does not erase the completed instigation; abetment remains an offence.

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