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Standard XII
Legal Studies
Question

LEGAL PRINCIPLES: (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 along."
(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.
FACTS: X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y in order that he may administer it to Z, Y in pursuance of X and thereby causes Z's death. What offences X and Y have committed?
DECISION will be _____.
  1. Y has committed the offence of murder and X was an abettor
  2. Both X and Y has committed the offences of criminal conspiracy
  3. Both X and Y have committed the offence of murder
  4. X has not committed any offence

A
Y has committed the offence of murder and X was an abettor
B
Both X and Y have committed the offence of murder
C
X has not committed any offence
D
Both X and Y has committed the offences of criminal conspiracy
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Solution
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Section 34 of IPC defines what 'common object' is. It seeks to punish the commission of an offence jointly. The essentials as given in the legal principles are as follows-
1. Criminal Act- It means unity of criminal behavior of several persons to do something which is punishable in the same way if all the acts were done by an individual person.
2. Done by several person- Means the criminal act must be done by more than one person.
3. Criminal Intention- there should be unity of purpose or a pre-arranged plan to commit that act.
If all the essentials are fulfilled only then a person will be liable for the crime and not his separate act leading to the crime.
Here, X is not an abettor but jointly liable, the Principle states that when 2 people get together and plan to commit a crime and then some action is taken in furtherance is taken towards carrying out that plan then they are said to have committed criminal conspiracy. X has procured poison which is an act done in furtherance of the agreement to poison Z.
Hence, X is not an abettor any more but a conspirator.
X procured the Poison and Y administered it to Z, both the acts lead to the death of Z and since the common object of both X and Y is fulfilled, therefore, they both will be liable for the act of murder equally. Hence Both X and Y have committed the offence of Murder.

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