What is Section 36 IPC? Effect caused partly by act and partly by omission
Published on: Lawiz Team
Detailed explanation of Section 36 IPC: Effect caused partly by act and partly by omission.
Official Legal Text
Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
What This IPC Section Means – Explained in Simple Words
If an action and an omission together cause an effect, it is treated as one offence.
Purpose
To cover situations where both actions and failures to act combine to cause a result.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable (Depends on the main offence), Punishment: As per the main offence involving act or omission.
Scope and Application
Applies to crimes caused by both doing something and failing to do something.
Important Legal Points
The combined effect of action and omission is one offence.
Illustrative Example
If a doctor performs a wrong surgery (action) and fails to treat the patient later (omission), both count together.
Exceptions and Special Cases
If separate crimes are committed, they may be charged separately.
Conclusion
Expands IPC to handle mixed acts and omissions.
FAQs
What does Section 36 IPC define?
Effect caused partly by act and partly by omission.
Who or what is covered under the term 'Effect caused partly by act and partly by omission' in IPC?
This section clarifies the scope of the term 'effect caused partly by act and partly by omission' for legal interpretation in Indian law.
How is the term 'Effect caused partly by act and partly by omission' used in Indian court proceedings?
It helps establish identity, role, or responsibility depending on the legal context.
Why is Section 36 IPC important?
It ensures consistent legal language and understanding across all legal processes.
Are there any other sections linked to Section 36 IPC?
Yes, multiple IPC sections refer to the term 'effect caused partly by act and partly by omission' as defined here.
How should this term be interpreted?
It should be interpreted broadly or narrowly depending on the legislative intent and case facts.
Can you give an example where Section 36 IPC is applied?
This section is applied when determining if a person/entity qualifies as a 'effect caused partly by act and partly by omission' under IPC.