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THE BHARATIYA NYAYA SANHITA, 2023
ARRANGEMENT OF CLAUSES
CHAPTER I
P RELIMINARY
C LAUSES
- Short title, commencement and application.
- Definitions.
- General Explanations and expressions. CHAPTER II OF P UNISHMENTS
- Punishments.
- Commutation of sentence of death or imprisonment for life.
- Fractions of terms of punishment.
- Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
- Amount of fine, liability in default of payment of fine, etc.
- Limit of punishment of offence made up of several offences.
- Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.
- Solitary confinement.
- Limit of solitary confinement.
- Enhanced punishment for certain offences after previous conviction. CHAPTER III GENERAL EXCEPTIONS
- Act done by a person bound, or by mistake of fact believing himself bound, by law.
- Act of Judge when acting judicially.
- Act done pursuant to the judgment or order of Court.
- Act done by a person justified, or by mistake of fact believing himself, justified, by law.
- Accident in doing a lawful act.
- Act likely to cause harm, but done without criminal intent, and to prevent other harm.
- Act of a child under seven years of age.
- Act of a child above seven and under twelve of immature understanding.
- Act of a person of mental illness.
- Act of a person incapable of judgment by reason of intoxication caused against his will.
AS INTRODUCED IN LOK SABHA
Bill No. 121 of 2023
(ii)
- Offence requiring a particular intent or knowledge committed by one who is intoxicated.
- Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
- Act not intended to cause death, done by consent in good faith for person’s benefit.
- Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian.
- Consent known to be given under fear or misconception.
- Exclusion of acts which are offences independently of harm caused.
- Act done in good faith for benefit of a person without consent.
- Communication made in good faith.
- Act to which a person compelled by threats.
- Act causing slight harm. Of the Right of Private Defence
- Things done in private defence.
- Right of private defence of the body and of property.
- Right of private defence against the act of a person with mental illness, etc.
- Acts against which there is no right of private defence.
- When the right of private defence of the body extends to causing death.
- When such right extends to causing any harm other than death.
- Commencement and continuance of the right of private defence of the body.
- When the right of private defence of property extends to causing death.
- When such right extends to causing any harm other than death.
- Commencement and continuance of the right of private defence of property.
- Right of private defence against deadly assault when there is risk of harm to innocent person. CHAPTER IV OF ABETMENT, CRIMINAL C ONSPIRACY AND ATTEMPT Of Abetment
- Abetment of a thing.
- Abettor.
- Abetment in India of offences outside India.
- Abetment outside India for offence in India.
- Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.
- Punishment of abetment if person abetted does act with different intention from that of abettor.
- Liability of abettor when one act abetted and different act done.
- Abettor when liable to cumulative punishment for act abetted and for act done.
C LAUSES
(iv)
- Marrying again during lifetime of husband or wife.
- Marriage ceremony fraudulently gone through without lawful marriage.
- Enticing or taking away or detaining with criminal intent a married woman.
- Husband or relative of husband of a woman subjecting her to cruelty.
- Kidnapping, abducting or inducing woman to compel her marriage, etc. Of the causing of miscarriage, etc.
- Causing miscarriage.
- Causing miscarriage without woman’s consent.
- Death caused by act done with intent to cause miscarriage.
- Act done with intent to prevent child being born alive or to cause it to die after birth.
- Causing death of quick unborn child by act amounting to culpable homicide. Of offences against children
- Exposure and abandonment of child under twelve years, by parent or person having care of it.
- Concealment of birth by secret disposal of dead body.
- Hiring, employing or engaging a child to commit an offence.
- Procuration of child.
- Kidnapping or abducting child under ten years with intent to steal from its person.
- Selling child for purposes of prostitution, etc.
- Buying child for purposes of prostitution, etc.
CHAPTER VI OF O FFENCES AFFECTING THE H UMAN B ODY
Of offences affecting life
- Culpable homicide.
- Murder.
- Culpable homicide by causing death of person other than person whose death was intended.
- Punishment for murder.
- Punishment for murder by life-convict.
- Punishment for culpable homicide not amounting to murder.
- Causing death by negligence.
- Abetment of suicide of child or person with mental illness.
- Abetment of suicide.
- Attempt to murder.
- Attempt to commit culpable homicide.
- Organised crime.
C LAUSES
(v)
- Petty organised crime or organised in general.
- Offence of terrorist act. Of hurt
- Hurt.
- Voluntarily causing hurt.
- Grievous hurt.
- Voluntarily causing grievous hurt.
- Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
- Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act.
- Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property.
- Voluntarily causing hurt or grievous hurt to deter public servant from his duty.
- Voluntarily causing hurt or grievous hurt on provocation.
- Causing hurt by means of poison, etc., with intent to commit an offence.
- Voluntarily causing grievous hurt by use of acid, etc.
- Act endangering life or personal safety of others.
- Wrongful restraint.
- Wrongful confinement. Of Criminal Force and Assault
- Force.
- Criminal force.
- Assault.
- Punishment for assault or criminal force otherwise than on grave provocation.
- Assault or criminal force to deter public servant from discharge of his duty.
- Assault or criminal force with intent to dishonor person, otherwise than on grave provocation.
- Assault or criminal force in attempt to commit theft of property carried by a person.
- Assault or criminal force in attempt wrongfully to confine a person.
- Assault or criminal force on grave provocation. Of Kidnapping, Abduction, Slavery and Forced Labour
- Kidnapping.
- Abduction.
- Kidnapping or maiming a child for purposes of begging.
- Kidnapping or abducting in order to murder or for ransom etc.
- Importation of girl or boy from foreign country.
- Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
- Trafficking of person.
- Exploitation of a trafficked person_._
C LAUSES
(vii)
- Personation at elections.
- Punishment for bribery.
- Punishment for undue influence or personation at an election.
- False statement in connection with an election.
- Illegal payments in connection with an election.
- Failure to keep election accounts. CHAPTER X OF O FFENCES RELATING TO COIN , C URRENCY N OTES , B ANK N OTES , AND GOVERNMENT S TAMPS
- Counterfeiting coin, government stamps, currency-notes or bank-notes.
- Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank notes.
- Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
- Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency notes or bank-notes.
- Making or using documents resembling currency-notes or bank-notes.
- Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.
- Using Government stamp known to have been before used.
- Erasure of mark denoting that stamp has been used.
- Prohibition of fictitious stamps.
- Person employed in mint causing coin to be of different weight or composition from that fixed by law.
- Unlawfully taking coining instrument from mint. CHAPTER XI OF O FFENCES AGAINST THE P UBLIC TRANQUILLITY
- Unlawful assembly.
- Every member of unlawful assembly guilty of offence committed in prosecution of common object.
- Rioting.
- Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed.
- Liability of owner, occupier etc., of land on which an unlawful assembly or riot takes place.
- Affray.
- Assaulting or obstructing public servant when suppressing riot, etc.
- Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
- Imputations, assertions prejudicial to national integration.
C LAUSES
(viii)
CHAPTER XII
OF O FFENCES BY OR RELATING TO P UBLIC S ERVANTS
C LAUSES
- Public servant disobeying law, with intent to cause injury to any person.
- Public servant disobeying direction under law.
- Punishment for non-treatment of victim.
- Public servant framing an incorrect document with intent to cause injury.
- Public servant unlawfully engaging in trade.
- Public servant unlawfully buying or bidding for property.
- Personating a public servant.
- Wearing garb or carrying token used by public servant with fraudulent intent.
CHAPTER XIII OF CONTEMPTS OF THE L AWFUL AUTHORITY OF P UBLIC S ERVANTS
- Absconding to avoid service of summons or other proceeding.
- Preventing service of summons or other proceeding, or preventing publication thereof.
- Non-attendance in obedience to an order from public servant.
- Non-appearance in response to a proclamation under section 82 of Act __ of 2023.
- Omission to produce document to public servant by person legally bound to produce it.
- Omission to give notice or information to public servant by person legally bound to give it.
- Furnishing false information.
- Refusing oath or affirmation when duly required by public servant to make it.
- Refusing to answer public servant authorised to question.
- Refusing to sign statement.
- False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.
- False information, with intent to cause public servant to use his lawful power to the injury of another person.
- Resistance to the taking of property by the lawful authority of a public servant.
- Obstructing sale of property offered for sale by authority of public servant.
- Illegal purchase or bid for property offered for sale by authority of public servant.
- Obstructing public servant in discharge of public functions.
- Omission to assist public servant when bound by law to give assistance.
- Disobedience to order duly promulgated by public servant.
- Threat of injury to public servant.
- Threat of injury to induce person to refrain from applying for protection to public servant.
- Attempt to commit suicide to compel or restraint exercise of lawful power.
(x)
- Public servant in judicial proceeding corruptly making report, etc., contrary to law.
- Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
- Intentional omission to apprehend on the part of public servant bound to apprehend.
- Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.
- Escape from confinement or custody negligently suffered by public servant.
- Resistance or obstruction by a person to his lawful apprehension.
- Resistance or obstruction to lawful apprehension of another person.
- Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.
- Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.
- Violation of condition of remission of punishment.
- Intentional insult or interruption to public servant sitting in judicial proceeding.
- Personation of an assessor.
- Failure by person released on bail or bond to appear in court. CHAPTER XV OF O FFENCES AFFECTING THE P UBLIC H EALTH , SAFETY , CONVENIENCE , DECENCY AND M ORALS
- Public nuisance.
- Negligent act likely to spread infection of disease dangerous to life.
- Malignant act likely to spread infection of disease dangerous to life.
- Disobedience to quarantine rule.
- Adulteration of food or drink intended for sale.
- Sale of noxious food or drink.
- Adulteration of drugs.
- Sale of adulterated drugs.
- Sale of drug as a different drug or preparation.
- Fouling water of public spring or reservoir.
- Making atmosphere noxious to health.
- Rash driving or riding on a public way.
- Rash navigation of vessel.
- Exhibition of false light, mark or buoy.
- Conveying person by water for hire in unsafe or overloaded vessel.
- Danger or obstruction in public way or line of navigation.
- Negligent conduct with respect to poisonous substance.
C LAUSES
(xi)
- Negligent conduct with respect to fire or combustible matter.
- Negligent conduct with respect to explosive substance.
- Negligent conduct with respect to machinery.
- Negligent conduct with respect to pulling down, repairing or constructing buildings etc.
- Negligent conduct with respect to animal.
- Punishment for public nuisance in cases not otherwise provided for.
- Continuance of nuisance after injunction to discontinue.
- Sale, etc., of obscene books, etc.
- Sale, etc., of obscene objects to child.
- Obscene acts and songs.
- Keeping lottery office.
CHAPTER XVI OF O FFENCES RELATING TO RELIGION
- Injuring or defiling place of worship, with intent to insult the religion of any class.
- Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
- Disturbing religious assembly.
- Trespassing on burial places, etc.
- Uttering words, etc., with deliberate intent to wound religious feelings.
CHAPTER XVII OF O FFENCES AGAINST P ROPERTY
- Theft.
- Snatching.
- Theft in a dwelling house, or means of transportation or place of worship, etc.
- Theft by clerk or servant of property in possession of master.
- Theft after preparation made for causing death, hurt or restraint in order to the committing of theft.
Of extortion
- Extortion. Of Robbery and Dacoity
- Robbery.
- Dacoity.
- Robbery, or dacoity, with attempt to cause death or grievous hurt.
- Attempt to commit robbery or dacoity when armed with deadly weapon.
- Punishment for belonging to gang of robbers, dacoits, etc.
C LAUSES
(xiii)
- Forgery of record of Court or of public register, etc.
- Forgery of valuable security, will, etc.
- Having possession of document described in section 335 or 336, knowing it to be forged and intending to use it as genuine.
- Forged document or electronic record and using it as genuine.
- Making or possessing counterfeit seal, etc ., with intent to commit forgery punishable under section 336.
- Counterfeiting device or mark used for authenticating documents described in section 336, or possessing counterfeit marked material.
- Fraudulent cancellation, destruction, etc. , of will, authority to adopt, or valuable security.
- Falsification of accounts. Of Property Marks
- Property mark.
- Tampering with property mark with intent to cause injury.
- Counterfeiting a property mark.
- Making or possession of any instrument for counterfeiting a property mark.
- Selling goods marked with a counterfeit property mark.
- Making a false mark upon any receptacle containing goods. CHAPTER XIX OF C RIMINAL I NTIMIDATION , INSULT , ANNOYANCE , D EFAMATION , E TC.
- Criminal intimidation.
- Intentional insult with intent to provoke breach of peace.
- Statements conducing to public mischief.
- Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.
- Misconduct in public by a drunken person. Of Defamation
- Defamation. Of breach of contract to attend on and supply wants of helpless person.
- Breach of contract to attend on and supply wants of helpless person.
- Repeal and savings.
C LAUSES
THE BHARATIYA NYAYA SANHITA, 2023
A BILL to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto. B E it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY
1. ( 1 ) This Act may be called the Bharatiya Nyaya Sanhita, 2023. ( 2 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of the Sanhita.
Short title, commencement and application.
AS INTRODUCED IN LOK SABHA
Bill No. 121 of 2023
5
Illustrations. ( a ) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. ( b ) A cheque upon a banker is a document. ( c ) A power-of-attorney is a document. ( d ) A Map or plan which is intended to be used or which may be used as evidence, is a document. ( e ) A writing containing directions or instructions is a document. Explanation 2. — Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. Illustration. A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature. ( 8 ) “fraudulently”.—A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. ( 9 ) “gender”.—the pronoun “he” and its derivatives are used of any person, whether male, female or transgender. Explanation .–– “transgender” shall have the meaning assigned to it in clause ( k ) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019; ( 10 ) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention; ( 11 ) “Government” means the Central Government or a State Government; ( 12 ) “harbour”.—except as otherwise provided in this Sanhita, includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension; ( 13 ) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property; ( 14 ) “illegal”- “legally bound to do”. —The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit; ( 15 ) “Judge” means a person who is officially designated as a Judge and includes a person,–– ( i ) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or ( ii ) who is one of a body or persons, which body of persons is empowered by law to give such a judgment.
40 of 2019.
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llustration. A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge;
( 16 ) “life” means the life of a human being, unless the contrary appears from the context;
( 17 ) “local law” means a law applicable only to a particular part of India; ( 18 ) “man” means male human being of any age; ( 19 ) “mental illness” shall have the meaning assigned to it in clause ( a ) of section 2 of the Mental Healthcare Act, 2017;
( 20 ) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar;
( 21 ) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;
( 22 ) “number”. —Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number;
( 23 ) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not;
( 24 ) “offence”.—Except in the Chapters and sections mentioned in sub-clauses ( a ) and ( b ) the word “offence” means an act made punishable by this Sanhita, but––
( a ) in Chapter III and in the following sections, namely, sub-sections ( 2 ), ( 3 ), ( 4 ) and ( 5 ) of section 8, sections 10, 46, 47, 48, 51, 53, 54, 55, 56, 57, 61, 113, 114, 117, sub-sections ( 7 ) and ( 8 ) of section 125, 217, 224, 225, 234, 242, 244, 245, 253, 254, 255, 256, 257, sub-sections ( 6 ) and ( 7 ) of section 306 and clause ( b ) of section 324, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and ( b ) in sections 183, 205, 206, 232, 233, 243, 247 and 323 the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine; ( 25 ) “omission” means sigle ommission as well as a series of omissions; ( 26 ) “person” includes any company or association or body of persons, whether incorporated or not;
( 27 ) “public” includes any class of the public or any community; ( 28 ) “public servant” means a person falling under any of the descriptions, namely: —
( a ) every commissioned officer in the Army, Navy or Air Force; ( b ) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; ( c ) every officer including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any
10 of 2017.
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( 29 ) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise; ( 30 ) “special law” means a law applicable to a particular subject; ( 31 ) “valuable security” means a document which is, or purports to be, a document where by any legal right is created, extended, transferred, restricted, extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right. Illustration. A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”; ( 32 ) “vessel” means anything made for the conveyance by water of human beings or of property; ( 33 ) “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 a 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; ( 34 ) “will” means any testamentary document; ( 35 ) “woman” means a female human being of any age; ( 36 ) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled; ( 37 ) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled; ( 38 ) “gaining wrongfully”, “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property; and ( 39 ) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 and the Bhartiya Nagarik Suraksha Sanhita, 2023 and shall have the meanings respectively assigned to them in that Act Sanhita.
3. ( 1 ) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration. Illustration s. ( a ) The sections, in this Sanhita which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. ( b ) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.
General Explanations and expressions.
21 of 2000.
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( 2 ) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation. ( 3 ) When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Sanhita. Explanation.— A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this sub-section. ( 4 ) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions. ( 5 ) 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. ( 6 ) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. ( 7 ) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration. A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder. ( 8 ) When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Illustration s. ( 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 the several doses of poison so administered to him. Here A and B intentionally cooperate 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 co-operate 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 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. ( 9 ) Where severalpersons 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
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