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A, a blacksmith, is seized by a gang of dacoits and compelled by threat of instant death to force open the door of Z’s house to enter and plunder it.
Question

A, a blacksmith, is seized by a gang of dacoits and compelled by threat of instant death to force open the door of Z’s house to enter and plunder it. While committing dacoity, one of the dacoits kills Z’s son. A is guilty of:

A.

Murder

B.

Dacoity with murder

C.

Abetment of dacoity

D.

No offense

Correct option is B

  1. A was forced to help under threat of instant death (duress).

  2. Murder During Dacoity (Section 396 IPC)

    • If a murder is committed by any member of a gang during dacoity,all participants (even those who didn’t directly kill) are guilty of dacoity with murder.
    • A helped the dacoits by breaking open the door, which made the dacoity possible.
    • Even though A didn’t personally kill anyone, he is still guilty of dacoity with murder because he was part of the crime.
    • Normally, Section 94 IPC provides immunity for crimes committed under compulsion.
    • Exception: This immunity does not apply to serious offenses like dacoity and murder.

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