08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
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.
Cooperation by
37. When an offence is committed by means of several acts, whoever
intentionally cooperates 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 six hours at a time. A and B, intending to cause Z's death,
knowingly cooperate in causing that effect by illegally omitting, each during the
time of his attendance, to furnish Z with food supplied to them for that purpose.
Z dies of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z's death,
illegally omits to supply Z with food; in consequence of which Z is much reduced
in strength, but the starvation is not sufficient to cause his death. A is dismissed
from his office, and B succeeds him. B, without collusion or cooperation with A,
illegally omits to supply Z with food, knowing that he is likely thereby to cause
Z's death. Z dies of hunger. B is guilty of murder, but, as A did not cooperate
with B, A is guilty only of an attempt to commit murder.
38. Where 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.
Illustration
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 illwill
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.
doing one of several
Acts constituting an
offence
Persons concerned in
criminal act may be
guilty of different
offences
“Voluntarily”
39. A person is said to cause an effect "voluntarily" when he causes it by means
whereby he intended to cause it, or by means which, at the time of employing
those means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of
facilitating robbery and thus causes the death of a person. Here, A may not have
intended to cause death, and may even be sorry that death has been caused by
his act: yet, if he knew that he was likely to cause death, he has caused death
voluntarily.
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