A instigates B to kill D. B in pursuance of the instigation stabs D. D recovers from the wound. What offence, if any, has been committed by A and B?

Question: A instigates B to kill D. B in pursuance of the instigation stabs D. D recovers from the wound. What offence, if any, has been committed by A and B? [W.B.J.S. 1999, M.P.C.J. 1995]

Find the answer to the mains question only on Legal Bites. [A instigates B to kill D. B in pursuance of the instigation stabs D. D recovers from the wound. What offence, if any, has been committed by A and B?]

Answer

Section 108, IPC provides that: a person abets an offence, who abets either the commission of an offence or the commission of an act which would be an offence if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the better.

Explanation 2 to Section 108 provides that to constitute the offence of abetment, it is not necessary that the act abetted should be committed or that the effect requisite to constitute the offence should be caused.

For example, A instigates B to murder C but B refuses to do so. A will still be guilty of abetting B to commit murder. The offence of abetment depends upon the intention of the person who abets, and not upon the act actually done by the person abetted. The conviction of abetter, therefore, does not depend on the conviction of the principal. Abetment is complete, notwithstanding that the person abetted refuses to do the thing or fails involuntarily in doing it, or does it and the expected result does not follow. In the present case, even though D recovers from the wound caused by the stabbing of B since B acted in furtherance of the instigation followed by A, A is liable for the offence of abetment of murder and B for the attempt to murder D.

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