IPC §38 → BNS §3
Persons concerned in criminal act may be guilty of different offences
Jump to section
Comparison
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. 1. Subs. by Act 27 of 1870, s. 1, for section 34.
(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(9) carries the rule character-identically and preserves the canonical Illustration of a provoked killer (culpable homicide) versus an unprovoked accomplice (murder).
Old position
IPC Section 38 made explicit that participants in the same criminal act could be guilty of different offences depending on their individual mental states or circumstances.
New position
BNS Section 3(9) carries the rule character-identically and preserves the canonical Illustration of a provoked killer (culpable homicide) versus an unprovoked accomplice (murder).
Editorial deltaAI-indicated (source-linked)
IPC Section 38 and BNS Section 3(9) carry the same rule character-identically: 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. The canonical Illustration about a provoked killer (culpable homicide) and an unprovoked accomplice (murder) is preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 38 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 (9), with the Illustration preserved.
Sources
- India Code — Indian Penal Code, 1860 (pending verification)
- Bharatiya Nyaya Sanhita, 2023 — bare act PDF (Gazette of India, 25 December 2023; Act No. 45 of 2023)
Cite this page
Newlaws.in, IPC §38 → BNS §3 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/38.
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.