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Section 38 - Indian Penal Code, 1860
Indian Penal Code, 1860
38. Persons concerned in criminal act may be guilty of different offences
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.
Related Sections
- Section 230: Coin defined
- Section 112: Abettor when liable to cumulative punishment for act abetted and for act done
- Section 441: Criminal trespass
- Section 119: Public servant concealing design to commit offence which it is his duty to prevent
- Section 2: Punishment of offences committed within India
Related Acts
* Only for reference.