Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

LEGAL PRINCIPLE: 

1. The concept of joint liability comes under Section 34 of IPC which states that “when a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.”

2. A person abets an offence, who abets either the commission of an offence or the commission of an act which would be an offence if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

3. A criminal conspiracy takes place when two or more people get together and plan to commit a crime and then take some action toward carrying out that plan. The action taken does not have to be a crime itself to further the conspiracy.

FACTUAL SITUATION: 

X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y order that he may administer it to Z. Y in pursuance of the conspiracy, administer the poison in the presence of X and thereby causes Z’s death. What offences X and Y have committed? DECISION:

Options

• Y has committed the offense of murder and X was an abettor

• Both X and Y has committed the offense of criminal conspiracy

• X has not committed any offense

• Both X and Y has committed the offense of murder

Answer 1

Y has committed the offense of murder and X was an abettor

Explanation:

X is an abettor who instigates commission of offense and y is executed the commission of an offense hence y is guilty of murder.