Step 1: Understanding the Concept:
The question describes the act of "instigation," which is a form of abetment under the Indian Penal Code (IPC). Abetment means encouraging, inciting, or aiding someone to commit a crime.
Step 2: Key Legal Provision:
Section 107 of the Indian Penal Code, 1860, defines "Abetment of a thing."
Step 3: Detailed Explanation:
According to Section 107 of the IPC, a person abets the doing of a thing, who:
1. Instigates any person to do that thing; or
2. Engages with one or more other person or persons in any conspiracy for the doing of that thing; or
3. Intentionally aids, by any act or illegal omission, the doing of that thing.
The question directly uses the word "instigates," which is the first mode of abetment defined in Section 107.
- Section 120(B) of IPC deals with the punishment for criminal conspiracy.
- Section 114 of IPC deals with the liability of an abettor who is present when the offence is committed.
- Section 144 of IPC deals with joining an unlawful assembly armed with a deadly weapon.
Step 4: Final Answer:
The act of instigating a person to do an offence is covered under Section 107 of the IPC, which defines abetment.