Discussion
A, residing in Dubai, instigated the Commission of an offence which in consequence was committed in India. Is A liable under Bharatiya Nyaya Sanhita or not ?
Answer: A
Yes, A is liable under Section 48.
Section 48 of the BNS, a new provision, makes a person who, without and beyond India, abets an offence that is committed in India, an abettor punishable under the Sanhita. A instigated the offence from Dubai and it was committed in India, so Section 48 applies directly.
Section 46 defines who an abettor is but does not deal with abetment from outside India. Liability does not depend on how strongly A instigated, so options B and D are wrong.
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