INDIAN PENAL CODE
37: Co-Operation By Doing
One Of Several Acts Constituting An Offence::--When an offence is committed by means of several acts, whoever
intentionally co-operates in the commission of that offence by doing any one of
those acts, either singly or jointly with any other person, commits that
offence.
Illustrations
(a) A and B agree to
murder Z by severally and at different times giving him small doses of poison. A
and B administer the poison according to the agreement with intent to murder Z.
Z dies from the effects of the several doses of poison so administered to him. Here
A and B intentionally co-operate in the commission of murder and as each of
them does an act by which the death is caused, they are both guilty of the
offence though their acts are separate.
(b) A and B are
joint jailors, and as such have the charge of Z, a prisoner, alternatively for
six hours at a time. A and B, intending to cause Z’s death, knowingly
co-operate in causing that effect by illegally omitting, each “during the time
of his attendance, to furnish ” with food supplied to them for that purpose. ”dies
of hunger”. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has
the charge of Z, a prisoner. A , intending to cause Z’s death, illegally omits
to supply Z with food; in consequence of which Z is much reduced in strength,
but the starvation is not sufficient to cause his death. A is dismissed for his
office, and B succeeds him. B, without collusion or co-operation with A,
illegally omits to supply Z with food, knowing that he is likely to cause Z’s
death. Z, dies of hunger. B is guilty of murder, but, as A did not co-operate
with B. A is guilty only of an attempt to commit murder.
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