§ 308A — Causing death in furtherance of group’s object

308A.—(1) Any person shall be guilty of an offence who is or acts as a member of a group —(a)

knowing that the common object of the members of the group is to commit an offence under this Code or any written law;

(b)

knowing that —(i)

death or grievous hurt is likely to be caused in furtherance of the group’s common object; or

(ii)

a deadly weapon, or anything which, used as a weapon of offence, is likely to cause death, is to be used in any manner against another person in the furtherance of that common object; and

(c)

the death of a person was caused in furtherance of the group’s common object.Illustration

Three members of a group including A decide to rob a neighbourhood shop. The group leader, B brings a sharp knife but B reassures A that the knife is only to be used to threaten the shopkeeper, C, and not to harm C. A believes B and takes part in the robbery. C however refuses to surrender his cash to the group. B then stabs C with the knife and C dies from his stab wounds. A is guilty of an offence under this section because A knew that the knife was to be used to threaten another person, C, in furtherance of the group’s common object to commit robbery.

[15/2019]

(2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for life or imprisonment for a term which may extend to 20 years, and shall also be liable to caning.[15/2019]

(3) In subsection (1), “group” has the meaning given by section 2(1) of the Organised Crime Act 2015.[15/2019]

—(1) Any person shall be guilty of an offence who is or acts as a member of a group —(a)

knowing that the common object of the members of the group is to commit an offence under this Code or any written law;

(b)

knowing that —(i)

death or grievous hurt is likely to be caused in furtherance of the group’s common object; or

(ii)

a deadly weapon, or anything which, used as a weapon of offence, is likely to cause death, is to be used in any manner against another person in the furtherance of that common object; and

(c)

the death of a person was caused in furtherance of the group’s common object.Illustration

Three members of a group including A decide to rob a neighbourhood shop. The group leader, B brings a sharp knife but B reassures A that the knife is only to be used to threaten the shopkeeper, C, and not to harm C. A believes B and takes part in the robbery. C however refuses to surrender his cash to the group. B then stabs C with the knife and C dies from his stab wounds. A is guilty of an offence under this section because A knew that the knife was to be used to threaten another person, C, in furtherance of the group’s common object to commit robbery.

[15/2019]

(2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for life or imprisonment for a term which may extend to 20 years, and shall also be liable to caning.[15/2019]

(3) In subsection (1), “group” has the meaning given by section 2(1) of the Organised Crime Act 2015.[15/2019]