Question

A person who instigates any person to do an offence or any illegal act or omission attracts:

• A. Section 107 IPC
• B. Section 120(B) IPC
• C. Section 114 IPC
• D. Section 144 IPC

Hint:

Section 107 IPC defines "abetment" — remember the three forms: instigation, conspiracy, and intentional aid. Recognizing these helps in distinguishing related provisions like Sections 108, 109, and 114.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept.
The question deals with the concept of "instigation," which is one of the modes of committing abetment under the Indian Penal Code (IPC). Abetment involves encouraging, inciting, or aiding another person to commit an offence.

Step 2: Key Legal Provision.
Section 107 of the Indian Penal Code, 1860 defines "Abetment of a thing." It states that a person abets the doing of a thing if they — 1. Instigate any person to do that thing; or 2. Engage with one or more persons in any conspiracy for doing that thing; or 3. Intentionally aid, by any act or illegal omission, the doing of that thing.

Step 3: Detailed Explanation.
The word "instigate" directly appears in the first clause of Section 107 IPC, making it clear that instigation itself constitutes abetment.
Let's analyze the other options: - (B) Section 120(B): Deals with criminal conspiracy, which is a distinct offence.
- (C) Section 114: Applies when the abettor is present at the time of commission of the offence.
- (D) Section 144: Pertains to unlawful assembly armed with deadly weapons, unrelated to instigation.
Thus, Section 107 IPC is the most appropriate provision for acts of instigation.
Step 4: Final Answer.
Instigation of another person to commit an offence or perform an illegal act or omission falls under Section 107 of the Indian Penal Code, 1860.