Penal Code
43
Cooperation by doing one of several acts constituting an offence
37. When an offence is committed by means of several acts,
whoever intentionally cooperates in the 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 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,
alternately 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 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
cooperation 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.
Several persons engaged in the commission of a criminal act, may
be guilty of different offences
38. Where several persons are engaged or concerned in the
commission of a criminal act, they may be guilty of different offences
by means of that act.