A person abets the doing of a thing, who—
Explanation 1. —A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration.
A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2. —Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
BNS Section 45: Abetment of a thing defines the act of abetment. It involves:
Explanation 1 clarifies that wilful misrepresentation or concealment of a material fact that one is obligated to disclose constitutes instigation.
Illustration provides an example where a public officer is misled into arresting the wrong person based on false representation, which is an act of abetment by instigation.
Explanation 2 elaborates that facilitating the commission of an act, either before or during its execution, constitutes aiding the act.
Q1: What constitutes abetment under BNS Section 45?
A1: Abetment under BNS Section 45 includes instigating someone to commit an act, conspiring with others to commit the act, or intentionally aiding the act through any action or omission.
Q2: What does Explanation 1 of BNS Section 45 state?
A2: Explanation 1 states that wilful misrepresentation or concealment of a material fact required to be disclosed is considered instigating the act.
Q3: Can you provide an example of instigation as per the illustration?
A3: Yes, the illustration describes a scenario where a public officer, misled by someone who falsely identifies a person, ends up apprehending the wrong individual. This act of misleading constitutes instigation.
Q4: What does Explanation 2 of BNS Section 45 describe?
A4: Explanation 2 describes that any action taken to facilitate the commission of an act, either before or during its execution, is considered aiding in the commission of that act.
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