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'A', in India instigates 'B', a foreigner in Bangladesh to commit a murder in Bangladesh. 'B' commits that murder. In this case

  • A.'A' is guilty of abetting murder
  • B.'A' is not guilty of any offence
  • C.'A' is liable for committing murder
  • D.None of the above is correct

Answer: A

'A' is guilty of abetting murder.

Section 108A IPC provides that a person abets an offence within the meaning of the Code who, in India, abets the commission of any act outside India which would constitute an offence if committed in India. Its illustration is this very situation: A, in India, instigates B, a foreigner abroad, to commit a murder there, and A is guilty of abetting murder.

A did not commit the murder himself, so he is not liable as the murderer, and he is plainly not free of all offence. Since one statement is correct, D is wrong.

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