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Applying section 3(9) of the Bharatiya Nyaya Sanhita, 2023, A attacks Z under grave and sudden…

Section 3(9) of the BNS allows persons concerned in the same criminal act to be guilty of different offences. Its illustration makes the provoked attacker guilty of culpable…

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Applying section 3(9) of the Bharatiya Nyaya Sanhita, 2023, A attacks Z under grave and sudden provocation sufficient to reduce A’s homicide from murder to culpable homicide not amounting to murder. B, who has not been provoked and intends to kill Z, joins the fatal attack. Z dies. What are their respective offences?

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Correct answer D

Section 3(9) of the BNS allows persons concerned in the same criminal act to be guilty of different offences. Its illustration makes the provoked attacker guilty of culpable homicide and the unprovoked participant who intends to kill guilty of murder. A’s provocation does not transfer to B.

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Option A

Participation in the same act does not erase differing mental states or A’s provocation exception.

Option B

A’s personal provocation exception does not reduce B’s intended murder.

Option C

The fatal attack and respective mental states establish homicide rather than only grievous hurt.

Option D

Section 3(9) and its illustration recognise differing offences among participants in one criminal act.

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