LawgistThe Indian Penal Code
38Persons 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.
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GENERAL EXPLANATIONS
- 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- 15 [Repealed.]
- 16 [Repealed .]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''
- 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
- 38 Persons concerned in criminal act may be guilty of different offences
- 39 ''Voluntarily''
- 40 ''Offence''
- 41 ''Special law''
- 42 ''Local law''
- 43 ''Illegal''."Legally bound to do"
- 45 ''Life''
- 47 ''Animal''
- 48 ''Vessel''
- 49 ''Year''."Month
- 50 ''Section''
- 51 ''Oath''
- 52 ''Good faith''
- 52A ''Harbour-''
