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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

A, a jailor, intending to cause prisoner Z's death, illegally omits to supply food, leaving Z weakened but alive. A is dismissed and B succeeds him. B, without collusion with A, illegally omits to feed Z, knowing death is likely, and Z dies of hunger. What is the position under the General explanations of the Bharatiya Nyaya Sanhita, 2023?

B is guilty of murder and A only of attempt to commit murder. A and B acted without collusion or cooperation, so A's omissions did not combine with B's to make A liable for the death.

  1. ABoth A and B are guilty of murder because both omitted to feed Z
  2. BNeither is guilty as omissions are not acts
  3. CB is guilty of murder, and A is guilty only of an attempt to commit murder, as A did not cooperate with BCorrect
  4. DA is guilty of murder and B only of attempt

Explanation

The illustration to Section 3(8) shows that where there is no collusion or cooperation, B is guilty of murder and A only of attempt. The first option is wrong because intentional cooperation is required for joint liability.

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