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.
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 co-operates 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 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.
IPC Section 37: Simplified Explanation
IPC Section 37 of the Indian Penal Code (IPC) deals with cooperation between individuals in committing an offence, especially when such cooperation involves performing one of several acts, each of which would constitute an offence. This section is essential for understanding how the law views the participation of multiple individuals in the commission of a crime, emphasizing the collective action towards a common illegal objective.
Here’s a breakdown of IPC Section 37:
Text of Section 37 IPC: “When an offence is committed using 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.”
Critical Elements of IPC Section 37:
- Several Acts Leading to an Offence: This section applies to situations where an offence results from multiple acts. It recognizes that a crime can be the cumulative outcome of various actions, not just a single act.
- Intentional Cooperation: The essence of Section 37 lies in intentional cooperation in the crime. It targets individuals who, knowing the goal, intentionally contribute to the commission of the offence. This contribution can be through any acts that constitute the offence.
- Individual or Joint Acts: The cooperation can be through acts done individually or in conjunction with others. This provision acknowledges both direct participation and collaboration in the planning or execution phases of a crime.
- Liability for the Offence: Individuals who cooperate in committing an offence by performing any of the constituting acts are held liable for the entire offence, not just for the act they carried out. This is based on shared intention and contribution towards the final illegal outcome.
Implications of IPC Section 37:
- Broad Scope of Liability: This section broadens the scope of liability to include those who may not have committed the ‘main’ act but have participated in other acts that contributed to the offence.
- Shared Intent and Action: It underscores the legal principle that sharing the intent and taking action, even if only through one of several acts, is sufficient for criminal liability for the entire offence.
- Complex Criminal Enterprises: Section 37 is particularly relevant in cases involving complex criminal enterprises or schemes in which multiple individuals perform different roles to achieve the common objective of committing a crime.
