Co-operation by doing one of several acts constituting an offence
Section 37 of the Indian Penal Code, 1860 deals with co-operation by doing one of several acts constituting an offence. When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally co operate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dues of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.
Section 37, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 3 General explanations Close, with changes 66%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vishal Kaushik S/o Late Shri Ashok Kumar B/c Brahmin vs State of Rajasthan
Court's Decision & Legal Precedent
When an accused is charged with abetment of suicide but the deceased has left a suicide note explicitly stating that nobody was responsible for the death, and the accused has already undergone substantial custody, and a co-accused has been granted bail, it is just and expedient to grant regular bail to the accused pending trial, without expressing any opinion on the merits of the case.
On this section: Attempt to commit offence punishable with life imprisonment or 7+ years - charge against the petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 37
What have the courts held on Section 37 of the Indian Penal Code?
Vishal Kaushik S/o Late Shri Ashok Kumar B/c Brahmin vs State of Rajasthan (28 Feb 2019) is the leading judgment on this section among those set out below: Attempt to commit offence punishable with life imprisonment or 7+ years - charge against the petitioner.
How do I find court cases under Section 37 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 37, section 37 IPC, section 37 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vishal Kaushik S/o Late Shri Ashok Kumar B/c Brahmin vs State of Rajasthan (28 Feb 2019).
What should I read with Section 37 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 3 (General explanations), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 37 of the Indian Penal Code come into force?
Section 37 of the Indian Penal Code, cited as IPC 37, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.