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?
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.Ā
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