Multiple choice

'A' with intention to commit theft instigates 'B' to take possession of property of 'Z' from 'Z's possession. For this 'A' gives impression to 'B' that the property belongs to him. B' with the impression that the property belongs to 'A' takes possession of property bonafidely. In relation to above statement Statement (A): 'A' is accused of abetment to commit theft and 'B' has not committed any offence. Reason (R): Abetter's liability is riot dependent on the liability of the principal offender.

  1. Both statement (A) and reason (R) are correct and (R) explains (A) properly

  2. Both statement (A) and reason (R) are correct but (R) does not explain (A).

  3. (A) is true but (R) is false

  4. (A) is false but (R) is true
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A Correct answer
Explanation

Under Section 107 IPC, 'A' is guilty of abetment to theft as he instigated 'B' with intention to commit theft. However, 'B' committed no offence because for theft (Section 378 IPC), there must be dishonest intention at the time of taking. 'B' took the property bona fide believing it belonged to 'A', so lacked dishonest intention. The abettor's liability is independent of whether the principal offender is convicted - this is a well-established principle in criminal law.

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