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      Question

      Amit with a guilty intention, abets a child sonu to

      commit murder of balbir. Which of the following is true in above case?
      A Amit is guilty of murder Correct Answer Incorrect Answer
      B Sonu is guilty of murder Correct Answer Incorrect Answer
      C Amit is guilty of abetment Correct Answer Incorrect Answer
      D Amit and Sonu both are not guilty of any offence. Correct Answer Incorrect Answer

      Solution

      3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.   Illustration (a)  A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.  

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