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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 the killing would be only culpable homicide not amounting to murder. B, who bears ill-will towards Z, was not provoked and, intending to kill Z, helps A in killing Z. What is the position under the General Explanations?

B is guilty of murder while A is guilty only of culpable homicide. When several persons are concerned in one criminal act they may be guilty of different offences, depending on each person's own intention and circumstances such as provocation.

  1. ABoth are guilty only of culpable homicide, because the act is the same
  2. BBoth are guilty of murder, because they acted together
  3. CB is guilty of murder and A is guilty only of culpable homicideCorrect
  4. DNeither is guilty, as provocation negates the offence

Explanation

Section 3(9) says persons engaged in a criminal act may be guilty of different offences by means of that act. B had murderous intent and no provocation, so B is guilty of murder; A, under grave provocation, is guilty only of culpable homicide. Treating both alike ignores each person's own state of mind.

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