Concept of instigation in criminal law
Law does not require instigation to be in a particular form or that it should only be in words. The instigation may be by conduct. Whether there was instigation or not is a question to be decided on the facts of each case. It is not necessary in law for the prosecution to prove that the actual operative cause in the mind of the person abetting was instigation and nothing else, so long as there was instigation and the offence has been committed or the offence would have been committed if the person committing the act had the same knowledge and intention as the abettor. The instigation must be with reference to the thing that was done and not to the thing that was likely to have been done by the person who is instigated. 7
It is only if this condition is fulfilled that a person can be guilty of abetment by instigation.
Supreme Court of India
Arjun Singh vs State Of H.P. on 6 February, 2009
