Indian Penal Code (IPC 1860)

242. An act will not be an offence, done by:

A. Accident or misfortune.
B. Accident or misfortune, without any criminal intention or knowledge.
C. Accident or misfortune, without any criminal intention or knowledge of a lawful act in a lawful manner.
D. Accident or misfortune, without any criminal intention or knowledge of a lawful act in a lawful manner by lawful means, and with proper care and caution.
✅ The correct answer is option D.

245. Give correct response. Eight dacoits attack a bank and take away currency notes of the value of 50,000 rupees. In the course of the dacoity, two of the dacoits shoot dead the cashier of the bank. A, B and C, three of the dacoits merely keep watch at the gate of the bank about 50 feet away from the scene of actual killing, and do not take part in the shooting of the cashier by their accomplices. The liability of A, B and C is as follows:

A. A, B and C are not liable for committing murder but are, liable for committing dacoity.
B. A, B and C are not liable for committing dacoity but are liable for abetment by aiding in its commission by their presence.
C. Since dacoity was committed in furtherance of common intention of all of them, therefore, A, B and C would be jointly liable for any act committed by any one of their group because the rule is that they also serve who only stand and wait. Dacoity involves violence, therefore, A, B and C would be liable for conjointly committing dacoity with murder.
D. A, B and C are liable for abetting dacoity as well as murder.
✅ The correct answer is option C.
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