IPC Section 38: Persons concerned in criminal act may be guilty of different offences
Indian Penal Code, 1860 · Chapter 2: General Explanations
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 6. Definitions in the Code to be understood subject to exceptions
- 7. Sense of expression once explained
- 8. Gender
- 9. Number
- 10. “Man”. “Woman”
- 11. “Person”
- 12. “Public”
- 13. [Omitted.]
- 14. “Servant of Government”
- 15. [Repealed.]
- 16. [Repealed.]
- 17. “Government”
- 18. “India”
- 19. “Judge”
- 20. “Court of Justice”
- 21. “Public servant”
- 22. “Moveable property”
- 23. “Wrongful gain”. “Wrongful loss”. Gaining wrongfully/ Losing wrongfully
- 24. “Dishonestly”
- 25. “Fraudulently”
- 26. “Reason to believe”
- 27. Property in possession of wife, clerk or servant
- 28. “Counterfeit”
- 29. “Document”
- 29A. “Electronic record”
- 30. “Valuable security”
- 31. “A will”
- 32. Words referring to acts include illegal omissions
- 33. “Act”. “Omission”
- 34. Acts done by several persons in furtherance of common intention
- 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention
- 36. Effect caused partly by act and partly by omission
- 37. Co-operation by doing one of several acts constituting an offence
- 39. “Voluntarily”
- 40. “Offence”
- 41. “Special law”
- 42. “Local law”
- 43. “Illegal”.“Legally bound to do”
- 44. “Injury”
- 45. “Life”
- 46. “Death”
- 47. “Animal”
- 48. “Vessel”
- 49. “Year”. “Month”
- 50. “Section”
- 51. “Oath”
- 52. “Good faith”
- 52A. “Harbour-“