| 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 to 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 both A and B are liable for the punishment for murder, because 'A' instigated B to instigate 'C' a lunatic, to murder 2 and due to this abetment 'C' committed an offence in consequence of B's instigation.
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