IPC 38 — Persons concerned in criminal Act may be guilty of different offences

Indian Penal Code, 1860

Statutory 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.
39.
"Voluntarily".

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