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

A attacks Z under grave provocation, so that killing Z would be only culpable homicide not amounting to murder. B, bearing ill-will and intending to kill Z, without provocation, assists A and Z dies. Under the General explanations of the Bharatiya Nyaya Sanhita, 2023, what is the position?

B is guilty of murder and A only of culpable homicide not amounting to murder. Persons engaged in the same criminal act may be guilty of different offences depending on their own intention and circumstances, such as provocation.

  1. ABoth are guilty only of culpable homicide because they acted together
  2. BBoth are guilty of murder because the act is the same
  3. CB is guilty only of culpable homicide and A of murder
  4. DB is guilty of murder and A is guilty only of culpable homicide, as persons engaged in a criminal act may be guilty of different offencesCorrect

Explanation

Section 3(9) provides that several persons concerned in one criminal act may be guilty of different offences. B had murderous intent without provocation; A acted under grave provocation. So the offences differ.

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