Discussion
Under the Bharatiya Nayay Sanhita 2023, if A, in country X, instigates B to commit a murder in India, what is A guilty of?
Answer: B
A is guilty of abetting murder.
Section 48 of the BNS makes it an offence to abet, from outside India, an act committed in India that would be an offence here. Its illustration is this very case: A, in country X, instigates B to commit a murder in India, and A is guilty of abetting murder. Instigation is one of the forms of abetment.
A did not commit the killing himself, so he is not guilty of murder as principal. Criminal conspiracy needs an agreement between two or more persons, which mere instigation does not show. So 'Any of the above' is wrong too.
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