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

general explanations

General

Summary

When multiple people take part in the same criminal act, each person can be found guilty of a different crime based on their own role or involvement in that act. This means that even though they all participated in the same event, the law may treat each person's level of guilt separately.

Official 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.

Related Judgments

  • S.C.R. 227 ASOKE KUMAR CHAUDHURI AND OTHERS v. KUNAL SAHA AND ANOTHER — Supreme Court of India (2016)
  • SETTU v. STATE OF TAMIL NADU — Supreme Court of India (2009)
  • Accused vs State rep.by — Madras High Court (2016)
  • S.C.R. 772 VIRENDRA SINGH v. STATE OF MADHYA PRADESH — Supreme Court of India (2010)
  • CRL RC/853/2016 — Madras High Court (2016)
  • Crl.O.P.No.31316 of 2015 vs Subhankar Mukherjee — Madras High Court (2013)
  • SOMU v. THE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE — Supreme Court of India (2020)
  • S.C.R. 85 SANGEET & ANR v. STATE OF HARYANA — Supreme Court of India (2012)

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