Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by names2008means2008 of that act.
Section history
Section 38 — Several persons engaged in the commission of a criminal act may be guilty of different offences
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Illustrations2008Illustration2008
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-will2021ill will2021 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.
[Indian PC 1860, s. 38]