'A' with the intention of murdering 'Z', instigates 'B', a child under seven years of age, to do an act which causes 'Z's death. 'B' in consequence of the abetment, does the act in the absence of 'A' and thereby causes 'Z's death.

Here 'A' is liable under which one of the following Sections of the Indian Penal Code, 1860 ? - Section 109 of the Indian Penal Code, 1860, provides for the punishment of abetment when the act abetted is committed in consequence of the abetment and where no express provision is made for the punishment of such abetment. - In this case, 'A' instigated 'B' to murder 'Z'. 'B', in consequence of this abetment, committed the act causing 'Z's death. The act abetted is murder, which is punishable under Section 302. - Explanation 3 to Section 108 of the IPC clarifies that it is not necessary for the person abetted to be capable by law of committing an offence. Since 'B' is a child under seven, 'B' is legally incapable of committing murder (as a child under seven is presumed 'doli incapax' - incapable of having criminal intent, by Section 82 IPC). However, 'A' is still liable for abetting the act that resulted in Z's death. - Since murder is committed in consequence of 'A's abetment, 'A' is punishable under Section 109 with the punishment provided for murder (Section 302). Thus, 'A' is liable under Section 109.