Indian Penal Code,1860
Act No : 45
Section :
Co-operation by doing one of several acts constituting an offence.
37. Co-operation by doing one of several acts constituting anoffence.--When an offence is committed by means of several acts,whoever intentionally co-operates in the commission of that offence bydoing any one of those acts, either singly or jointly with any otherperson, commits that offence. Illustrations (a) A and B agree to murder Z by severally and at different timesgiving him small doses of poison. A and B administer the poisonaccording to the agreement with intent to murder Z. Z dies from theeffects the several doses of poison so administered to him. Here A andB intentionally co operate in the commission of murder and as each ofthem does an act by which the death is caused, they are both guilty ofthe offence though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z,a prisoner, alternatively for six hours at a time. A and B, intendingto cause Z's death, knowingly co-operate in causing that effect byillegally omitting, each during the time of his attendance, to furnishZ with food supplied to them for that purpose. Z dues of hunger. BothA and B are guilty of the murder of Z.----------------------------------------------------------------------1. Subs. by Act 27 of 1870, s. 1, for the original section.108 (c) A, a jailor, has the charge of Z, a prisoner. A, intending tocause Z's death, illegally omits to supply Z with food; in consequenceof which Z is much reduced in strength, but the starvation is notsufficient to cause his death. A is dismissed from his office, and Bsucceeds him. B, without collusion or co-operation with A, illegallyomits to supply Z with food, knowing that he is likely thereby tocause Z's death. Z dies of hunger. B is guilty of murder, but, as Adid not co-operate with B. A is guilty only of an attempt to commitmurder.
