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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 508: Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure
- Section 459: Grievous hurt caused whilst committing lurking house trespass or housebreaking
- Section 179: Refusing to answer public servant authorized to question
- Section 260: Using as genuine a Government stamp known to be a counterfeit
- Section 89: Act done in good faith for benefit of child or insane person, by or by consent of guardian
Related Acts
* Only for reference.