{"id":92602,"date":"2025-06-01T11:28:49","date_gmt":"2025-06-01T11:28:49","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=92602"},"modified":"2025-06-01T11:28:49","modified_gmt":"2025-06-01T11:28:49","slug":"a-with-the-intention-of-murdering-z-instigates-b-a-child-under","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/","title":{"rendered":"‘A’ with the intention of murdering ‘Z’, instigates ‘B’, a child under"},"content":{"rendered":"

‘A’ with the intention of murdering ‘Z’, instigates ‘B’, a child under seven years of age, to do an act which causes ‘Z’s death. ‘B’ in consequence of the abetment, does the act in the absence of ‘A’ and thereby causes ‘Z’s death. Here ‘A’ is liable under which one of the following Sections of the Indian Penal Code, 1860 ?<\/p>\n

[amp_mcq option1=”Section 109″ option2=”Section 115″ option3=”Section 120″ option4=”Section 302″ correct=”option1″]<\/p>\n

\n
\n
This question was previously asked in<\/div>\n
UPSC CISF-AC-EXE – 2018<\/div>\n<\/div>\n
Download PDF<\/a>Attempt Online<\/a><\/div>\n<\/div>\n
\nThe correct option is A) Section 109.
\n<\/section>\n
\n– Section 109 of the Indian Penal Code, 1860, provides for the punishment of abetment when the act abetted is committed in consequence of the abetment and where no express provision is made for the punishment of such abetment.
\n– In this case, ‘A’ instigated ‘B’ to murder ‘Z’. ‘B’, in consequence of this abetment, committed the act causing ‘Z’s death. The act abetted is murder, which is punishable under Section 302.
\n– Explanation 3 to Section 108 of the IPC clarifies that it is not necessary for the person abetted to be capable by law of committing an offence. Since ‘B’ is a child under seven, ‘B’ is legally incapable of committing murder (as a child under seven is presumed ‘doli incapax’ – incapable of having criminal intent, by Section 82 IPC). However, ‘A’ is still liable for abetting the act that resulted in Z’s death.
\n– Since murder is committed in consequence of ‘A’s abetment, ‘A’ is punishable under Section 109 with the punishment provided for murder (Section 302). Thus, ‘A’ is liable under Section 109.
\n<\/section>\n
\n– Section 115 deals with abetment of an offence punishable with death or life imprisonment if the offence is *not* committed. This is not applicable here as Z’s death occurred.
\n– Section 120 relates to criminal conspiracy, which is a different form of inchoate offence from abetment by instigation.
\n– Section 302 provides the punishment for murder itself. While ‘A’ receives this punishment, the liability as an abettor for the committed act arises under Section 109.
\n<\/section>\n","protected":false},"excerpt":{"rendered":"

‘A’ with the intention of murdering ‘Z’, instigates ‘B’, a child under seven years of age, to do an act which causes ‘Z’s death. ‘B’ in consequence of the abetment, does the act in the absence of ‘A’ and thereby causes ‘Z’s death. Here ‘A’ is liable under which one of the following Sections of … <\/p>\n

Detailed Solution‘A’ with the intention of murdering ‘Z’, instigates ‘B’, a child under<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1089],"tags":[1114,1099,1115],"class_list":["post-92602","post","type-post","status-publish","format-standard","hentry","category-upsc-cisf-ac-exe","tag-1114","tag-indian-polity-and-governance","tag-miscellaneous","no-featured-image-padding"],"yoast_head":"\n'A' with the intention of murdering 'Z', instigates 'B', a child under<\/title>\n<meta name=\"description\" content=\"The correct option is A) Section 109. - Section 109 of the Indian Penal Code, 1860, provides for the punishment of abetment when the act abetted is committed in consequence of the abetment and where no express provision is made for the punishment of such abetment. - In this case, 'A' instigated 'B' to murder 'Z'. 'B', in consequence of this abetment, committed the act causing 'Z's death. The act abetted is murder, which is punishable under Section 302. - Explanation 3 to Section 108 of the IPC clarifies that it is not necessary for the person abetted to be capable by law of committing an offence. Since 'B' is a child under seven, 'B' is legally incapable of committing murder (as a child under seven is presumed 'doli incapax' - incapable of having criminal intent, by Section 82 IPC). However, 'A' is still liable for abetting the act that resulted in Z's death. - Since murder is committed in consequence of 'A's abetment, 'A' is punishable under Section 109 with the punishment provided for murder (Section 302). Thus, 'A' is liable under Section 109.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"'A' with the intention of murdering 'Z', instigates 'B', a child under\" \/>\n<meta property=\"og:description\" content=\"The correct option is A) Section 109. - Section 109 of the Indian Penal Code, 1860, provides for the punishment of abetment when the act abetted is committed in consequence of the abetment and where no express provision is made for the punishment of such abetment. - In this case, 'A' instigated 'B' to murder 'Z'. 'B', in consequence of this abetment, committed the act causing 'Z's death. The act abetted is murder, which is punishable under Section 302. - Explanation 3 to Section 108 of the IPC clarifies that it is not necessary for the person abetted to be capable by law of committing an offence. Since 'B' is a child under seven, 'B' is legally incapable of committing murder (as a child under seven is presumed 'doli incapax' - incapable of having criminal intent, by Section 82 IPC). However, 'A' is still liable for abetting the act that resulted in Z's death. - Since murder is committed in consequence of 'A's abetment, 'A' is punishable under Section 109 with the punishment provided for murder (Section 302). Thus, 'A' is liable under Section 109.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T11:28:49+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"'A' with the intention of murdering 'Z', instigates 'B', a child under","description":"The correct option is A) Section 109. - Section 109 of the Indian Penal Code, 1860, provides for the punishment of abetment when the act abetted is committed in consequence of the abetment and where no express provision is made for the punishment of such abetment. - In this case, 'A' instigated 'B' to murder 'Z'. 'B', in consequence of this abetment, committed the act causing 'Z's death. The act abetted is murder, which is punishable under Section 302. - Explanation 3 to Section 108 of the IPC clarifies that it is not necessary for the person abetted to be capable by law of committing an offence. Since 'B' is a child under seven, 'B' is legally incapable of committing murder (as a child under seven is presumed 'doli incapax' - incapable of having criminal intent, by Section 82 IPC). However, 'A' is still liable for abetting the act that resulted in Z's death. - Since murder is committed in consequence of 'A's abetment, 'A' is punishable under Section 109 with the punishment provided for murder (Section 302). Thus, 'A' is liable under Section 109.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/","og_locale":"en_US","og_type":"article","og_title":"'A' with the intention of murdering 'Z', instigates 'B', a child under","og_description":"The correct option is A) Section 109. - Section 109 of the Indian Penal Code, 1860, provides for the punishment of abetment when the act abetted is committed in consequence of the abetment and where no express provision is made for the punishment of such abetment. - In this case, 'A' instigated 'B' to murder 'Z'. 'B', in consequence of this abetment, committed the act causing 'Z's death. The act abetted is murder, which is punishable under Section 302. - Explanation 3 to Section 108 of the IPC clarifies that it is not necessary for the person abetted to be capable by law of committing an offence. Since 'B' is a child under seven, 'B' is legally incapable of committing murder (as a child under seven is presumed 'doli incapax' - incapable of having criminal intent, by Section 82 IPC). However, 'A' is still liable for abetting the act that resulted in Z's death. - Since murder is committed in consequence of 'A's abetment, 'A' is punishable under Section 109 with the punishment provided for murder (Section 302). Thus, 'A' is liable under Section 109.","og_url":"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/","og_site_name":"MCQ and Quiz for Exams","article_published_time":"2025-06-01T11:28:49+00:00","author":"rawan239","twitter_card":"summary_large_image","twitter_misc":{"Written by":"rawan239","Est. reading time":"2 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/","url":"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/","name":"'A' with the intention of murdering 'Z', instigates 'B', a child under","isPartOf":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#website"},"datePublished":"2025-06-01T11:28:49+00:00","dateModified":"2025-06-01T11:28:49+00:00","author":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209"},"description":"The correct option is A) Section 109. - Section 109 of the Indian Penal Code, 1860, provides for the punishment of abetment when the act abetted is committed in consequence of the abetment and where no express provision is made for the punishment of such abetment. - In this case, 'A' instigated 'B' to murder 'Z'. 'B', in consequence of this abetment, committed the act causing 'Z's death. The act abetted is murder, which is punishable under Section 302. - Explanation 3 to Section 108 of the IPC clarifies that it is not necessary for the person abetted to be capable by law of committing an offence. Since 'B' is a child under seven, 'B' is legally incapable of committing murder (as a child under seven is presumed 'doli incapax' - incapable of having criminal intent, by Section 82 IPC). However, 'A' is still liable for abetting the act that resulted in Z's death. - Since murder is committed in consequence of 'A's abetment, 'A' is punishable under Section 109 with the punishment provided for murder (Section 302). Thus, 'A' is liable under Section 109.","breadcrumb":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/exam.pscnotes.com\/mcq\/a-with-the-intention-of-murdering-z-instigates-b-a-child-under\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/exam.pscnotes.com\/mcq\/"},{"@type":"ListItem","position":2,"name":"UPSC CISF-AC-EXE","item":"https:\/\/exam.pscnotes.com\/mcq\/category\/upsc-cisf-ac-exe\/"},{"@type":"ListItem","position":3,"name":"‘A’ with the intention of murdering ‘Z’, instigates ‘B’, a child under"}]},{"@type":"WebSite","@id":"https:\/\/exam.pscnotes.com\/mcq\/#website","url":"https:\/\/exam.pscnotes.com\/mcq\/","name":"MCQ and Quiz for Exams","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/exam.pscnotes.com\/mcq\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209","name":"rawan239","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","caption":"rawan239"},"sameAs":["https:\/\/exam.pscnotes.com"],"url":"https:\/\/exam.pscnotes.com\/mcq\/author\/rawan239\/"}]}},"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/92602","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/comments?post=92602"}],"version-history":[{"count":0,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/92602\/revisions"}],"wp:attachment":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/media?parent=92602"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/categories?post=92602"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/tags?post=92602"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}