Indian Penal Code
IPC 38 is now BNS 3(9).
Persons concerned in criminal act may be guilty of different offences · BNS 3 brings it together with IPC 6, 7, 27, 32, 34, 35, 36 and 37.
Merged
Old wording kept in full
Old · IPC 1860 · Ch. II
s. 38
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.
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.
Text from the official India Code PDF
New · BNS 2023 · Ch. I
s. 3(9)of section 3
General explanations.
(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.
Text from India Code