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

A and B, joint jailors, each have charge of prisoner Z for alternate six-hour periods. Intending Z's death, each illegally omits to give Z food during his own period, and Z dies of hunger. What is the position?

Both jailors are guilty of murder. Where an offence results from several acts or illegal omissions, anyone who intentionally cooperates by doing any one of them commits the offence, so their separate omissions during their own shifts do not shield either.

  1. ANeither is guilty of murder as neither alone caused the death
  2. BBoth are guilty of murder, as they intentionally cooperated by omissions in the commission of the offenceCorrect
  3. COnly the jailor on duty at the moment of death is guilty
  4. DBoth are guilty only of attempt to murder

Explanation

Section 3(8) provides that where an offence is committed by several acts, whoever intentionally cooperates by doing any one of them commits the offence. The illustration on joint jailors, read with omissions covered by Section 3(4), holds both guilty of murder. The contrasting case is the successor jailor B acting without collusion.

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