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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 229: Personation of a juror or assessor
- Section 115: Abetment of offence punishable with death or imprisonment for life-if offence not committed
- Section 344: Wrongful confinement for ten or more days
- Section 35: When such an act is criminal by reason of its being done with a criminal knowledge or intention
- Section 350: Criminal force
Related Acts
* Only for reference.