Instigate - Definition - Law Dictionary Home Dictionary Definition instigate

Definition :

Instigate, referred. (Penal Code, 1860, s. 107, Expl. I)

Instigation is to good, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation, Ramesh Kumar v. State of Chattisgarh, AIR 2001 SC 3837 (3844). (Penal Code, 1860, ss. 306 & 107); see also (2003) 12 SCC 469

The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is a fit of anger and emotional, Sanju v. State of Madhya Pradesh, AIR 2002 SC 1998 (2000): (2002) 5 SCC 371. (Penal Code, 1860, s. 107 Firstly)

Instigate, denotes incitement or urging to do some drastic or inadvisable action or to stimulate or incite, Sanju v. State of M.P., (2002) 5 SCC 371