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    Question

    As per Explanation 5 of Section 46 of BNS, in abetment

    by conspiracy, which of the following is not necessary?
    A That the abettor should know the person committing the offence Correct Answer Incorrect Answer
    B That the abettor should engage in a conspiracy Correct Answer Incorrect Answer
    C That an act or illegal omission should take place in pursuance of the conspiracy Correct Answer Incorrect Answer
    D That the abettor should concert the offence with the actual offender Correct Answer Incorrect Answer
    E That the act abetted is done Correct Answer Incorrect Answer

    Solution

    This answer is based on Explanation 5 of Section 46 of the BNS (which corresponds to Explanation 5 of Section 108 of the old IPC). 1. The Statutory Provision (Section 46, Explanation 5) The explanation specifically addresses the relationship between the conspirators in a chain. It states: "It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it . It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed." 2. What this means (The Chain of Conspiracy) In complex crimes, the mastermind (Abettor A) may plan with a middleman (Abettor B), who then hires the actual perpetrator (Offender C).

    • A never meets or speaks to C .
    • A does not "concert" (plan together) with C .
    • However, because A is part of the conspiracy chain that led to C's act, A is liable for abetting C .
    3. Standard Illustration
    • A concerts with B to poison Z .
    • B explains the plan to C .
    • C administers the poison.
    • Result: A is liable for abetting C , even though A never concerted the offence with C directly.

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