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Law · Q1035

Indian Penal Code

Graduate and Post Graduate · Law · question 1035

Q1035

A instigates B to murder C. B refuses to do so. Which one of the following is the liability of A?

A.
Since essential to constitute an offence of abatement are not fulfilled, A is not guilty of instigating B to murder C
B.
The refusal of B to act on the instigation of A, puts an end to the matter and A is not guilty of any abatement
C.
A is guilty of abetting B to commit murder as to constitute abatement it is not necessary that the act abetted should be committed
Answer
D.
Since the offence was not committed there can be no abatement for an offence which is not committed. Hence A is not liable

Answer: Option C

Solution

Answer: Option C
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