instigate definition
instigate literally means to goad or urge forward or to provoke, incite, urge or encourage to do an act. A person may however not only instigate another, but he may co-operate with him and his Co-operation - may consist of a conjoint action and that would amount to abetment. In the case of State of Bihar v. Ranen Nath and other
instigate is not defined, but means to bring about the transmission, for example, whether that is by engaging a subcontractor or undertaking viral messaging through ‘send to a friend’ campaigns.
instigate means to ▇▇▇▇ or urge forward or to provoke, incite urge or encourage to do an act, person is said to instigate another, to an act when he actively suggests or estimates him to the act by any means or language direct or indirect, whether it takes the form of express solicitation or of hints insinuation or encouragements. Thus, where a person gives to an unlawful assembly a general order to beat it is a case of a direct instigation. The instigation would be indirect when instead of such an order a person raises a slogan "Allah O Akbar" or "▇▇▇ ▇▇▇▇▇▇▇ Bali" or says, "Cowards die many times before their death, the valiant die but once" will intend to provoke. A instigates B to commit a crime not by saying so but by harping upon the wrongs he has suffered; it is indirect instigation Investigation implies knowledge of the criminality of an act. Illustration to Explanation is an example of instigation by wilful misrepresentation. Instigation by wilful concealment takes place where there is some duty cast obliging person to disclose fact. The mere omission to bring to the notice of the higher authorities, offences committed by other persons does not amount to abetmen of those offences. It may form the foundation for disciplinary action against him in a departmental way. Mere failure to prevent the commission of an offence not by itself an abetment. The law does not require that instigation should be in a particular form or that it should be only in words and may be by conduct: for instance a mere gesture indicating beat or a mere offering of money by an arrested person to the constable who arrests him may be regarded as instigation, in one case to beat and in the other to take a bribe. An advice can become an testigation only if it is found that it was an advice which was meant actively to est or stimulate commission of an offence. To ask a person as a mere threat to really fire a gun without intending that he should really fire it, is not to instigate him to fire the gun. The threat would become instigation only if it is found that in the event of the threat having no effect the gun should in fact be fired. Mere presence is not instigation. In a case of abetment by instigation it is immaterial whether the person instigated commits the offence or not. Considering the definition of abetment, as given in Section 109 of the Code the instigation must have reference to the thing that was done and to the thing that was likely to have been done by the person who is ins...