‘A’ instigates ‘B’ to the commission of an offence by means of a letter sent through the post. The letter never reaches B. Whether ‘A’ has committed any offence?

Question: ‘A’ instigates ‘B’ to the commission of an offence by means of a letter sent through the post. The letter never reaches B. Whether ‘A’ has committed any offence? [D.J.S. 1990]

Find the answer to the mains question only on Legal Bites. [‘A’ instigates ‘B’ to the commission of an offence by means of a letter sent through the post. The letter never reaches B. Whether ‘A’ has committed any offence?]

Answer

Section 107, Indian Penal Code, 1860 provides for abetment of a thing. It says that a person is said to abet the doing of a thing, who instigates any person to do that thing.

If a person instigates another to commit an offence by means of a letter sent through the post, the offence of abetting by the investigation is complete as soon as the letter is read by the addressee. If however, the letter does not reach the addressee. He would be guilty of an attempt to abet.

The offence of abetment is complete as soon as the abettor has incited another to commit a crime, whether the latter consents or not, and whether having consented, he actually commits the crime or not. In other words, it is not necessary for the offence of abetment that the act abetted must be committed.

In the present case, A instigates B to the commission of an offence by means of a letter sent through the post but that letter never reaches B. Hence, the ultimate matter i.e. instigation of another person is not complete because the letter though sent never reached B. Hence, A has committed no offence of abetment here.

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