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    Question

    Under Section 47 of the Bharatiya Nyaya Sanhita, if X in

    Mumbai instigates Y to commit theft in Dubai, what would be the legal position?
    A X cannot be prosecuted in India as the offence occurred outside India Correct Answer Incorrect Answer
    B X can be prosecuted for abetment in India if theft would constitute an offence under Indian law Correct Answer Incorrect Answer
    C X can only be prosecuted if Y is actually convicted in Dubai Correct Answer Incorrect Answer
    D X can be prosecuted only if he physically travels to Dubai Correct Answer Incorrect Answer
    E X cannot be held liable as Indian courts lack jurisdiction over foreign offences Correct Answer Incorrect Answer

    Solution

    According to Section 47, "A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India." Since theft is an offence under Indian law, X can be prosecuted for abetment in India regardless of where the actual act was committed. 

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