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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 424: Dishonest or fraudulent removal or concealment of property
- Section 476: Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material
- Section 12: Public
- Section 209: Dishonestly making false claim in Court
- Section 339: Wrongful restraint
Related Acts
* Only for reference.