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    J Prateek Kundu asked a question

    If someone is encouraging to kill someone. Will that person will be treated as a guilty of murder?

    Category : Criminal law

    views: 518followers: 2 answers: 2

    Login to Answer

    1. 6 yrs ago

      Advocate Pardeep kumar
      Alternative Dispute Resolution

      he will also be guilty of murder.....


    2. 6 yrs ago

      Advocate Shreya Bansal
      Criminal Law

      No, the person will not be held guilty of murder. He will be guilty of abetment. He will be charged under section 109, if the offence has been committed and he will be charged under 115 if the offence has not been committed. 

      Any person who instigates or encourages someone to do an act with is not in accordance of the law, then he will be liable for instigating that person.  

      For example, a person A instigates another person B, to murder C. B after being encouraged by A, murders D. B will be held liable to be punished for his offence with the punishment for murder and A will be held liable for instigating B, so he will also be punished for murder.

       It is not necessary that the person who is being abetted need to have the same guilty mind or the knowledge as the person who is abetting him. 

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