(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 co-operation 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 co-operate with B, A is guilty only of an attempt to
commit murder.
38. Persons concerned in criminal act may be guilty of different offences. 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 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.
39. ―Voluntarily‖. 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.
1[40.
―Offence.‖ Except in the 2[chapters] and sections mentioned in clauses 2 and 3 of this
section, the word "offence" denotes a thing made punishable by this Code.
In Chapter IV, 3[Chapter VA] and in the following sections, namely, sections 4[64,] 4[65,] 4[66,]
5[67,] 4[71,] 109, 1l0, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,
225, 327, 328, 329, 330, 331, 347, 348, 388, 389, and 445, the word "offence" denotes a thing
punishable under this Code, or under any special or local law as hereinafter defined.
And in sections 141, 176, 177, 201, 202, 212, 216 and 441 the word "offence" has the same
meaning when the thing punishable under the special or local law is punishable under such law with
imprisonment for a term of six months or upwards, whether with or without fine.]
lSubs.
by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 2, for the original section 40.
by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and Sch. I, for ―chapter‖.
3Ins. by the Indian Criminal Law Amdt. Act, 1913 (8 of 1913), s. 2.
4Ins.by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 1.
5Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), section 21(l).
2Subs.
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