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Section 37 - Indian Penal Code, 1860
37. Co-operation by doing one of several acts constituting an offence
When an offence is committed by means of several acts, whoever intentionally co-operates in tile 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 8 intentionally co-operate 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, alternatively 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 Zs 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 Zs 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.
Related Sections
- Section 172: Absconding to avoid service of summons or other proceeding
- Section 437: Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden
- Section 63: Amount of fine
- Section 416: Cheating by personation
- Section 409: Criminal breach of trust by public servant, or by banker, merchant or agent