90 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNS S.45
Under Section 45 of the Bharatiya Nyaya Sanhita, which of the following is NOT a mode of abetting the doing of a thing?
- A.Instigating any person to do that thing
- B.Intentionally aiding, by any act or illegal omission, the doing of that thing
- C.Mere presence at the scene where the thing is done✓ correct
- D.Engaging in a conspiracy for the doing of that thing, where an act or illegal omission takes place in pursuance of it
Why: Section 45 recognises three modes of abetment: instigation under clause (a), engaging in conspiracy under clause (b) where an act or illegal omission takes place in pursuance of the conspiracy, and intentional aiding by act or illegal omission under clause (c). Mere presence is not listed as a mode of abetment in the section.
Read Section 45 — Abetment of a thing →Q2 · easy · BNS S.45
Under Explanation 1 to Section 45 BNS, a person is said to instigate the doing of a thing when he:
- A.By wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, that thing to be done✓ correct
- B.Merely remains silent about a fact he is not bound to disclose
- C.Negligently makes a false statement without intending any consequence
- D.Agrees with another person to commit an offence
Why: Explanation 1 to Section 45 provides that wilful misrepresentation or wilful concealment of a material fact which a person is bound to disclose, whereby he voluntarily causes or procures (or attempts to cause or procure) a thing to be done, amounts to instigation. Both the misrepresentation and the concealment must be wilful, and the concealment must relate to a fact he is bound to disclose.
Read Section 45 — Abetment of a thing →Q3 · medium · BNS S.45
A, a public officer, is authorised by a warrant to apprehend Z. B, knowing that C is not Z, wilfully represents to A that C is Z, thereby causing A to apprehend C. According to the illustration to Section 45 BNS, B:
- A.Abets by conspiracy the apprehension of C
- B.Commits no offence, since A acted under a valid warrant
- C.Intentionally aids the apprehension of C
- D.Abets by instigation the apprehension of C✓ correct
Why: This is the illustration appended to Explanation 1 of Section 45, which concludes that B abets by instigation the apprehension of C. B's wilful misrepresentation that C is Z voluntarily caused the officer to apprehend the wrong person, satisfying the definition of instigation.
Read Section 45 — Abetment of a thing →Q4 · medium · BNS S.45
For abetment by conspiracy under Section 45(b) BNS, in addition to the engagement in a conspiracy, what must occur?
- A.The offence conspired must actually be completed
- B.An act or illegal omission must take place in pursuance of that conspiracy, and in order to the doing of that thing✓ correct
- C.All conspirators must be present when the thing is done
- D.The conspiracy must be reduced to writing
Why: Clause (b) of Section 45 requires that the person engages with one or more others in a conspiracy for the doing of the thing, and that an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing. Completion of the ultimate offence is not required by the clause; what is required is an act or illegal omission in pursuance of the conspiracy.
Read Section 45 — Abetment of a thing →Q5 · hard · BNS S.45
X performs an act intended to help an offender only AFTER the offence has been fully committed. Under Explanation 2 to Section 45 BNS, is X guilty of abetment by aiding?
- A.No, because Explanation 2 covers only a person who does anything prior to or at the time of the commission of the act in order to facilitate it, and thereby facilitates its commission✓ correct
- B.Yes, because any assistance to an offender at any time is aiding
- C.Yes, provided X shared the intention of the offender
- D.No, but X would be liable as an abettor by instigation instead
Why: Explanation 2 to Section 45 defines aiding as doing anything, either prior to or at the time of the commission of an act, in order to facilitate the commission of that act, and thereby facilitating it. Assistance rendered only after the act is complete falls outside this temporal requirement, so it is not abetment by aiding under this section.
Read Section 45 — Abetment of a thing →85 more questions on Of Abetment, Criminal Conspiracy And Attempt
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