What is IPC 38 in BNS?

IPC Section 38 (Persons concerned in criminal act may be guilty of different offences) is Section 3(9) of the Bharatiya Nyaya Sanhita, 2023.

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IPC Section 38 in BNS: Section 3(9)

Persons concerned in criminal act may be guilty of different offences

Section 38 of the Indian Penal Code, 1860 (Persons concerned in criminal act may be guilty of different offences) corresponds to Section 3(9) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

Text of BNS Section 3(9)

(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.

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.

OF PUNISHMENTS

Full BNS Section 3 and every IPC section it replaced →

Other IPC sections now in BNS 3

IPC 6: Definitions in the Code to be understood subject to exceptions → BNS 3
IPC 7: Sense of expression once explained → BNS 3(2)
IPC 27: Property in possession of wife, clerk or servant → BNS 3(3)
IPC 32: Words referring to acts include illegal omissions → BNS 3(4)
IPC 34: Acts done by several persons in furtherance of common intention → BNS 3(5)
IPC 35: When such an act is criminal by reason of its being done with a criminal knowledge or intention → BNS 3(6)
IPC 36: Effect caused partly by act and partly by omission → BNS 3(7)
IPC 37: Co-operation by doing one of several acts constituting an offence → BNS 3(8)

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