CHAPTER II GENERAL EXPLANATIONS

Section 38: Persons concerned in criminal act may be guilty of different offences

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

38. Persons concerned in criminal act may be guilty of different offences.

BNS 3(9)

Questions on this section

1 question in 4 of our papers cite Section 38. Try these from the free papers:

1. X attacks Z in circumstances of grave and sudden provocation given by Z, such that X's killing of Z would amount only to culpable homicide not amounting to murder. Y, who bears ill-will towards Z and has received no provocation, joins in and assists X in killing Z, intending to kill him. Under the Bharatiya Nyaya Sanhita, 2023, what are the liabilities of X and Y?

Practise questions on Criminal Law