IPC §36BNS §3

Effect caused partly by act and partly by omission

ModifiedConfidence: mediumStatus: cross checkedconsolidation context(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-05-02.

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Comparison

Old law
IPC §36
Effect caused partly by act and partly by omission

36. Effect caused partly by act and partly by omission.—Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration A intentionally causes Z's death, partly by illegally omitting to give Z food, and party by beating Z. A has committed murder.

New law
BNS §3
General explanations

(1) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions", though those exceptions are not repeated in such definition, penal provision, or Illustration.

(2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation.

(3) When property is in the possession of a person's spouse, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Sanhita.

(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

(5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

(9) 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.

What changedAI-inferred

BNS Section 3(7) carries the rule character-identically and preserves the Illustration of a person causing death partly by illegally omitting to give food and partly by beating.

Old position

IPC Section 36 made an act-and-omission combination equivalent to a pure-act or pure-omission offence: where causing an effect by an act or by an omission is an offence, causing it partly by an act and partly by an omission is the same offence.

New position

BNS Section 3(7) carries the rule character-identically and preserves the Illustration of a person causing death partly by illegally omitting to give food and partly by beating.

Editorial deltaAI-indicated (source-linked)

IPC Section 36 and BNS Section 3(7) carry the same rule character-identically: when an effect (or attempt at it) by an act or by an omission is an offence, the same effect caused partly by an act and partly by an omission is the same offence. The associated Illustration (a person causing Z's death partly by illegal omission to give food and partly by beating) is preserved in BNS 3(7).

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 36 continues to apply. For matters from that date forward, BNS 3 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward in their existing frame.

Frequently asked

BNS Section 3, sub-clause (7), with the Illustration preserved.

Sources

Cite this page

Newlaws.in, IPC §36 → BNS §3 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/36.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.