Section 38State of Jammu-Kashmir Act
Section 38: Persons concerned in criminal act may be guilty of different offences
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.IllustrationA 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.Previous
Sec 37 — Co-operation by doing one of several acts constituting an offence
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Sec 39 — Voluntarily
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