Effect caused partly by act and partly by omission
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Summary
If causing (or attempting to cause) a result is an offence whether done by an act or by an omission, doing part of it by action and part by omission is treated as the same offence. It applies whenever the law criminalises the result by either mode. The offender is liable as if the whole offence had been committed.
Example
Rohan beats Anjali and also prevents her from getting food or medical help. Her death is caused partly by the beating (act) and partly by the denial of care (omission). Under this rule Rohan has committed murder.
Bare Act
Enacted textWherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
Illustrations
(1) A intentionally causes Z&‘s death, partly by illegally omitting to give Z food, and party by beating Z. A has committed murder.
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