A, who is an Indian citizen residing in Delhi, abets B a foreigner who resides in London through telephone to commit the murder of C in London. Is A guilty for the `abetment for murder’ of C? Give reasons and also mention relevant provision, if any, under I.P.C.

Question: A, who is an Indian citizen residing in Delhi, abets B a foreigner who resides in London through telephone to commit the murder of C in London. Is A guilty for the 'abetment for murder’ of C? Give reasons and also mention relevant provision, if any, under I.P.C.

Find the answer to the mains question only on Legal Bites. [A, who is an Indian citizen residing in Delhi, abets B a foreigner who resides in London through telephone to commit the murder of C in London. Is A guilty for the 'abetment for murder’ of C? Give reasons and also mention relevant provision, if any, under I.P.C.]

Answer

Yes, A is guilty of the ‘abetment of murder’ of C.

Section 3 of the Indian Penal Code states that “Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.”

The following are the essentials of this Section:

1. A person must be liable under Indian law. Therefore, a citizen of India or any foreigner who is bound under Indian law is bound by Section 3 of the IPC.
2. The offence must be committed beyond the territory of India, either geographical or marine.
3. Such persons shall be bound by Indian law for any offence committed outside India, as though the offence was committed within India.

In the aspect of abetment, Section 108A of IPC provides that person who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Illustration: A, in India, instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder. Therefore, under this section, the offence abetted outside India shall also be an offence punishable in India.

So, in the present case when A, who is an Indian citizen residing in Delhi, abets B a foreigner who resides in London through telephone to commit the murder of C in London, A is guilty for the 'abetment for murder’ of C in accordance to the provision of 108A IPC.

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Important Mains Questions Series for Judiciary, APO & University Exams

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