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Under the Bharatiya Nyaya Sanhita, 2023, A instigates B to murder C. B refuses, and C is unharmed. What…

Instigating someone to commit murder is abetment under section 45. Explanation 2 to section 46 and its illustration show that the instigated act need not occur. B’s refusal…

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Under the Bharatiya Nyaya Sanhita, 2023, A instigates B to murder C. B refuses, and C is unharmed. What is A’s liability on these facts?

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Answer and explanation

Correct answer B

Instigating someone to commit murder is abetment under section 45. Explanation 2 to section 46 and its illustration show that the instigated act need not occur.

B’s refusal leaves no agreement for criminal conspiracy, and the facts show no step by A towards carrying out the murder.

Option feedback

Option A

Section 46, Explanation 2 makes commission of the act abetted unnecessary for abetment.

Option B

A’s instigation completes the abetment even if B refuses. Section 46 expressly illustrates this point.

Option C

Criminal conspiracy requires an agreement. B refused to join the plan.

Option D

The facts show instigation and give no act by A towards carrying out the murder.

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