Indian Penal Code : Persons concerned in criminal Act may be guilty of differentoffences.

Indian Penal Code,1860

Act No : 45

Section : Persons concerned in criminal Act may be guilty of differentoffences.

38. Persons concerned in criminal Act may be guilty of differentoffences.--Where several persons are engaged or concerned in thecommission of a criminal act, they may be guilty of different offencesby means of that act. Illustration A attacks Z under such circumstances of grave provocation thathis killing of Z would be only culpable homicide not amounting tomurder. B, having ill-will towards Z and intending to kill him, andnot 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 isguilty of murder, and A is guilty only of culpable homicide.