Criminal Law (AILET Legal-Aptitude): Questions 3 - 3 of 23
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Question number: 3
» Criminal Law
Appeared in Year: 2013
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 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 in 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?
Y has committed the offence of murder and X was an abettor
X and Y has committed the offence of criminal conspiracy
X has not committed any offence
X and Y has committed the offence of murder