Offence of abetment | A with the intention of murdering Z, persuades B, a child of 6 years to put poison in the food of Z. B does so, which results in Z’s death. What offence, if any, has been committed in the case?

Question: Offence of abetment | A with the intention of murdering Z, persuades B, a child of 6 years to put poison in the food of Z. B does so, which results in Z’s death. What offence, if any, has been committed in the case? [Bihar APO 1985 W.B.J.S. 1997]

Find the answer to the mains question only on Legal Bites. Offence of abetment | [A with the intention of murdering Z, persuades B, a child of 6 years to put poison in the food of Z. B does so, which results in Z’s death. What offence, if any, has been committed in the case?]

Answer

Section 108, IPC provides that-

a person abets an offence, who abets either the commission of an offence or the commission of an act which would be an offence if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

Explanation 3 to section 108 provides that to constitute the offence of abetment, it is not necessary that the person abetted:

1. Should be capable by law of committing an offence, or
2. That he should have the same guilty intention or knowledge as that of the abettor or any guilty intention or knowledge. The innocent agent is merely the tool and the abettor, the real principal.

In the present case, A with the intention of murdering Z persuades B, a child of 6 years to put poison in the food of Z. B does so, which results in Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence and had committed murder.

Thus, if a person has caused injury to another through an innocent agent such as a child or lunatic, he will be liable. The employment of an agent legally incompetent to commit an offence, or an innocent agent does not absolve the abettor from his criminal liability.

Therefore, A is liable for the offence of abetment which resulted in the death of Z.

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