eCourtsIndia
IndiaCode Laws
Section38
The Indian Penal Code, 1860

Persons concerned in criminal Act may be guilty of different offences

Repealed From 01 Jan 1862 Act 45 of 1860 As on 15 Oct 2026

Act 45 of 1860 Ministry Home Affairs Enacted 06 Oct 1860 In force 01 Jan 1862

This provision is repealed. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 38 of the Indian Penal Code, 1860 deals with persons concerned in criminal Act may be guilty of different offences. 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. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.

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.

Section 38, The Indian Penal Code, 1860 (Act 45 of 1860).

Now in the Bharatiya Nyaya Sanhita

BNS 3 General explanations Close, with changes 70%

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 The repealed enactment still governs what happened while it was in force.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.

Questions about Section 38

What does Section 38 of the Indian Penal Code deal with?

Section 38 of the Indian Penal Code is headed "Persons concerned in criminal Act may be guilty of different offences". 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.

How do I find court cases under Section 38 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 38, section 38 IPC, section 38 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 38 of the Indian Penal Code, and has it changed?

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 38 of the Indian Penal Code come into force?

Section 38 of the Indian Penal Code, cited as IPC 38, 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

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.