12 Jan 2024

Daily practice questions for CLAT - (12 Jan 2024)



In common parlance, the word ‘abet‘ signifies help, co-activity and support and incorporates within its ambit, an illegitimate reason to commit the crime. So as to bring an individual abetting the doing of a thing under any of the conditions specified under Section 107 of the Indian Penal Code, it isn’t just important to demonstrate that the individual who has abetted has participated in the means of the transactions yet additionally has been associated with those means of the transaction which are criminal. Abetment is constituted by: -

  • 1. Instigating a person to commit an offence; or
  • 2. Engaging in a conspiracy to commit it; or
  • 3. Intentionally aiding a person to commit it.

The offence of abetment by instigation relies on the intention of the individual who abets and not upon the act which is finished by the individual who has abetted. The abetment might be by instigation, connivance or purposeful aid as given under Section 107 of the Indian Penal Code. However, the words articulated in an angry state or omission without any intention cannot be termed as instigation. For an individual to be called liable for Abetment, and so as to proceed against an individual for a criminal offence under Section 107, the prosecution must claim the component of mens rea. Negligence or carelessness can’t be named to be abetment in order to punish the liable, according to the arrangement of penal laws. So, to establish the offence of abetment, the abettor must have appeared to “deliberately” support the commission of the wrongdoing or offence. In such instances, one needs to establish that the wrongdoing or offence that is charged could not have been done without the association or the intervention of such a person who according to Section 107 IPC is said to be an abettor. When we talk about a sting operation that is typically carried out in the public interest, it must be noted that the same is done by instigating the accused. Thus the person in question, who is generally honest, is tricked into carrying out wrongdoing on the confirmation of secrecy and confidentiality of the transaction bringing up the potential issues with respect to how such a victim can be considered in-charge of wrongdoing, which he would not have done had he not been given the assurance. In such conditions, should the individual, i.e., the sting administrator be held criminally liable for the commission of the offence? This is a bewildering question when there is a claim that the sting administrator is asserted to have committed the abetment of the offence.

Question1:- An officer is authorised by a court order to arrest Zubin. Bakul, knowing this fact and also that Chetan is not Zubin, deliberately presents Chetan as being Zubin in front of the officer, thereby intentionally causing the officer to arrest Chetan. Discuss the liability of Bakul.
  • A. Bakul abets by instigating the apprehension of Chetan.
  • B. Bakul does not abet by instigating the apprehension of Chetan.
  • C. Bakul has just informed the officer, so he is not liable for anything.
  • D. Bakul has no liability toward the officer in any way.
Answer is A is correct. A person is said to be abet for a thing, when he has instigated any person to do that thing. Here, Bakul deliberately presents Chetan as being Zubin in front of the officer. So, Bakul abets by instigating the apprehension of Chetan. Hence, option (a) is correct
Question2:- X and Y were fighting in the market. A came and gave a knife to X. X, in grave and sudden provocation, stabs Y. What will be the liability of A?
  • A. A has not committed any offence because he has just given a knife.
  • B. A has committed an offence that has been provided under Section 107 of the IPC.
  • C. A has committed an offence of murder.
  • D. A has committed an offence of attempt to criminal conspiracy.
Answer is B is correct. A person is said to be abet a thing when he intentionally aids, by his act or illegal omission. Section 107 of the Indian Penal Code discusses the ‘Abetment of thing’. In the given case, A came and gave a knife to X intentionally. Hence, he will be liable for the abetment of the offence. Hence, option (B) is correct.
Question3:- Which of the following options defines an abettor?
  • A. A person who commits the offence.
  • B. A person who instigates the commission of an offence.
  • C. A person against whom the offence has been committed.
  • D. A person who is an innocent bystander.
Answer is B is correct. According to Section 107 of the Indian Penal Code, a person is said to be an abettor for a thing, when he has instigated any person to do that thing, or when he engages in a conspiracy to commit an offence, or when he intentionally aids person committing an offence. Hence, Option (B) is correct.
Question4:- A saw that, a criminal who ran from the jail shot B in front of him. A did not do anything and fled away. Discuss the liability of A.
  • A. A has abetted the criminal by remaining silent
  • B. A has not abetted any criminal activity
  • C. A has abetted the criminal by fleeing from the scene
  • D. A has abetted the criminal because A saw that criminal shooting B
Answer is B is correct. According to Section 107 of the Indian Penal Code, Abetment is constituted by:
1. Instigating a person to commit an offence; or
2. Engaging in a conspiracy to commit it; or
3. Intentionally aiding a person to commit it.
Here, the conduct of A does not satisfy any of the essentials enumerated under Section 107. Hence, option (B) is correct.
Question5:- A father convinced his son to steal the wallet of his neighbour. The son did the same as per his father’s instructions. What is the liability of the father and his son?
  • A. The father and the son both will be held liable for theft.
  • B. The father and the son both will be held liable for abetment.
  • C. The father is liable for theft and the son is liable for abetment.
  • D. The father is liable for abetment and the son is liable for theft.
Answer is D is correct. According to Section 107 of the Indian Penal Code, Abetment is constituted by:
1. Instigating a person to commit an offence; or
2. Engaging in a conspiracy to commit it; or
3. Intentionally aiding a person to commit it.
Here, the father has instigated his son to commit theft against the neighbour, and the son committed the offence of theft as said or convinced by his father. Hence, option (D) is correct.