33
CAP. 224
Penal Code
2008 Ed.
When such an act is criminal by reason of its being done with a
criminal knowledge or intention
35. Whenever an act, which is criminal only by reason of its being
done with a criminal knowledge or intention, is done by several
persons, each of such persons who joins in the act with such
knowledge or intention, is liable for the act in the same manner as if
the act were done by him alone with that knowledge or intention.
[Indian PC 1860, s. 35]
Effect caused partly by act and partly by omission
36. Wherever 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.
Illustration
A intentionally causes Z’s death, partly by illegally omitting to give Z food,
and partly by beating Z. A has committed murder.
[Indian PC 1860, s. 36]
Co-operation by doing one of several acts constituting an
offence
37. When an offence is committed by means of several acts,
whoever intentionally co-operates in the commission of that offence
by doing any one of those acts, either singly or jointly with any other
person, commits that offence.
Illustrations
(a) A and B agree to murder Z, by severally, and at different times, giving him
small doses of poison. A and B administer the poison, according to the
agreement, with intent to murder Z. Z dies from the effects of the several
doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder, and as each of them does an act by
which the death is caused, they are both guilty of the offence, though their
acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner,
alternately for 6 hours at a time. A and B, intending to cause Z’s death,
knowingly co-operate in causing that effect by illegally omitting, each
Informal Consolidation – version in force from 1/4/2015