Persons concerned in criminal Act may be guilty of different offences
AI Assist
Summary
When several people join in a criminal act, each can be convicted of a different offence depending on their individual intention and role. The same act may make one person guilty of a lesser offence (culpable homicide not amounting to murder) while another is guilty of murder. Liability follows each person’s state of mind and contribution.
Example
Ravi is so gravely provoked that if he kills Rohan his act would be culpable homicide not amounting to murder. Karan, who had ill will and intended to kill, helps Ravi. Karan is guilty of murder, while Ravi is guilty only of culpable homicide.
Bare Act
Enacted textWhere several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
Illustrations
(1) A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z&‘s death, B is guilty of murder, and A is guilty only of culpable homicide.
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