What is Section 38 IPC? Persons concerned in criminal act may be guilty of different offences
Published on: Lawiz Team
Detailed explanation of Section 38 IPC: Persons concerned in criminal act may be guilty of different offences.
Official Legal 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.
What This IPC Section Means – Explained in Simple Words
If several people commit a criminal act together, they may be guilty of different crimes depending on their actions.
Purpose
To account for varying levels of guilt in group crimes.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable (Depends on the main offence), Punishment: As per the respective offences committed by each individual.
Scope and Application
Applies to crimes done together but with different roles.
Important Legal Points
Each person is punished based on their own actions.
Illustrative Example
One person commits theft, another person commits assault — both are guilty, but of different crimes.
Exceptions and Special Cases
If a person did not directly contribute to the crime, they are not guilty.
Conclusion
Allows varied punishment for group crimes.
FAQs
What does Section 38 IPC define?
Persons concerned in criminal act may be guilty of different offences.
Who or what is covered under the term 'Persons concerned in criminal act may be guilty of different offences' in IPC?
This section clarifies the scope of the term 'persons concerned in criminal act may be guilty of different offences' for legal interpretation in Indian law.
How is the term 'Persons concerned in criminal act may be guilty of different offences' used in Indian court proceedings?
It helps establish identity, role, or responsibility depending on the legal context.
Why is Section 38 IPC important?
It ensures consistent legal language and understanding across all legal processes.
Are there any other sections linked to Section 38 IPC?
Yes, multiple IPC sections refer to the term 'persons concerned in criminal act may be guilty of different offences' 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 38 IPC is applied?
This section is applied when determining if a person/entity qualifies as a 'persons concerned in criminal act may be guilty of different offences' under IPC.