section 38
Persons concerned in criminal act may be guilty of different offences.
The Indian Penal CodeWhere 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.
1 Subs. by Act 27 of 1870, s. 2, for section 40.
2 Subs. by Act 8 of 1930, s. 2 and the First Sch., for “Chapter” .
3 Ins. by Act 8 of 1913, s. 2.
4 Ins. by Act 8 of 1882, s. 1.
5 Ins. by Act 10 of 1886, s. 21 ( 1).
6 Ins. by Act 10 of 2009, s. 51 (w.e.f. 27- 10-2009 ).
7 Subs. by the A.O. 1948, for “British India”.
8 The words “the territories comprised in” omitted by Act 48 of 1952, s. 3 and the Second Sch.
9 Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States” which had been subs . by the A.O. 1950, for “the Provinces”.
1 Ins. by Act 8 of 1942, s. 2 (w.e.f. 14-2-1942).
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