| Principle The abetment of an offence, being an offence, the abetment of such an abetment is also an offence. |
| Facts A instigates B to instigate C to murder Z. B accordingly instigates C, a lunatic to murder Z and C commits that offence in consequence of B's instigation. |
A) B is liable to be punished for his offence with the punishment for murder
B) A instigated B to commit the offence, A is also liable to the same punishment
C) A is not liable only B is liable for abetment
D) Both 'a' and 'b'
Correct Answer: D
Solution :
According to Section 108, Explanation 4, of the Indian Penal Code, 1860, the abetment of an offence being an offence, the abetment of such an abetment is also an offence. Here in this case, both A and B are liable for the same punishment for the offence of murder, because A instigated B to instigate C a lunatic to murder Z and C commits that offence as a consequence.
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