According to Section 22, under what circumstance is a person made a party to an offence?

A person is made a party to an offence under Section 22 when they counsel someone to commit an offence that is subsequently committed. This means that if an individual advises, encourages, or otherwise persuades another person to commit a crime, and that crime is carried out, the person who provided that counsel can be held legally responsible as if they had engaged directly in the criminal act.

This provision recognizes the importance of the role that individuals can play in facilitating criminal activity, either through encouragement or assistance. It ensures that those who contribute to the commission of an offence by inciting or assisting others are equally culpable, even if they did not physically participate in the crime themselves.

In contrast, simply providing legal guidance does not amount to counsel in the context of committing an offence, as it typically involves lawful advice rather than criminal encouragement. Active participation is a different concept that implies direct involvement in carrying out the offence, while just being present during the offence does not necessarily imply guilt or complicity unless there’s evidence of encouragement or support.