# The Indian Penal Code, 1860, Section 38: Persons concerned in criminal Act may be guilty of different offences

- Act: The Indian Penal Code, 1860 (Act 45 of 1860)
- In force from: 1862-01-01
- Ministry: Ministry of Home Affairs
- Source URL: https://indiacode.ecourtsindia.com/ipc/section/38/

## Text

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.

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