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A, intending to cause a theft to be committed, instigates B to take property belonging to Z, out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession in good faith believing it to be A’s property. In this case –
A is not guilty of an offence but B is guilty of committing theft
B is not guilty for committing theft but A is guilty of abetting theft
Both A and B are guilty of committing theft
None of the above
Abettor - A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Illustration (d) of section 108 - A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z‘s possession, in good faith, believing it to be A‘s property B, acting under this misconception, does not take dishonesty, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B and committed theft.
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