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प्रश्न
Principles:
• A person is said to abet the doing of a thing when he instigates any other person to do that thing.
• Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'." And, 'B' replies: "Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
विकल्प
'B' is jointly liable with 'A' for killing 'C'.
'B' has not abetted 'A' to kill 'C'.
'B' has abetted 'A' by conspiracy.
'B' abetted 'A' to kill 'C'.
उत्तर
'B' abetted 'A' to kill 'C'.
Explanation:
Section 108 of IPC, A person abets an offence, who abets either. The commission of an act which would be an offence or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound is do that act.
To constitute the offence of abetment it is not necessary that the act abetted should be committed or that the effect requisite is constituted the offence should be caused. The reasonable conclusion is drawn B abetted A to kill C. "‘B’ abetted ‘A’ to kill ‘C'" is correct.
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संबंधित प्रश्न
In this Question, problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules
A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.
Facts
Aadil and Baalu are best friends. Aadil is the son of a multi-millionaire business person, Chulbal who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhamaj telling him that if he does not make Baalu the CEO of NIaakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently, Chulbul and Baalu sign an employment contract. However, as soon as Aadil is released and safely returns home, Chulbul tells Baala that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.
As per the rules and the given facts, who coerces whom:
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