Delhi Judicial Services 2006

A instigates B a child below 7 years of age to set fire to a dwelling house

Verified Answer
A. A is not guilty as there is no Question of abetment of child
B. A is guilty of abetting B to set fire
C. Can't say
D. None of these

Explanation:

While a child below seven years of age (B) is exempt from criminal liability under Section 82 IPC (doli incapax), the abettor (A) is still guilty of abetment. The guilt of the abettor does not depend on the principal offender's capacity or guilt.