Accomplice Liability under Abetment - IPC 106 vs. 107

criminal bar_exam beginner mcq_debate

Bro, I'm having a massive debate with my friend over this question. Here's how we're going:

Q: A person X tells his accomplice Y to shoot Z, but X is 5km away and has no control over Y. Is X guilty of abetment under IPC 107?

My friend says: NO, since X didn't directly participate in the crime and was not present at the scene, he can't be held liable under 107. He's just giving suggestions.

But I say: YES, because X intentionally instigated Y to commit the crime, and that's exactly what 107 says - abetment by inciting another to do an illegal act.

Now, let's settle this once and for all. What say you, bros?

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