IPC 38 vs BNS 38
● Modified in BNSPersons Concerned in a Criminal Act May Be Guilty of Different Offenses
Section 38 of the Indian Penal Code (IPC), 1860, provides that when several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offenses depending on their individual participation and intent.
This section recognizes that not all participants in a criminal act necessarily share the same role, intention, or liability. For example, in a case where a group attacks a person, one attacker may cause grievous hurt, another may commit murder, and a third may only provide support. Each participant’s liability is determined according to the specific offense committed by him, even though all were engaged in the same act.
The importance of IPC 38 lies in ensuring fairness and proportionality in criminal liability. While IPC 34 and 37 impose joint liability for shared intention or cooperation, Section 38 ensures that individuals are punished according to their distinct actions and mental state.
Thus, IPC 38 balances the principle of collective participation with individual responsibility, preventing unjust punishment and ensuring that liability corresponds to the nature of each participant’s involvement in the crime.
Persons Concerned in a Criminal Act May Be Guilty of Different Offenses (Retained)
Section 38 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the principle stated in IPC 38. It provides that when several persons are engaged in committing a criminal act, they may be guilty of different offenses depending on their individual acts, knowledge, or intention.
The provision continues to be vital in modern criminal law, especially in cases of group crimes where participants may contribute differently. For instance, in a financial fraud, one person may forge documents, another may misappropriate funds, and a third may assist in concealment. Though all are connected with the fraud, their liability will vary based on their role.
The BNS keeps the section substantively unchanged but uses clearer language for easier understanding. It ensures that justice is served by punishing each person according to their degree of involvement rather than applying a blanket liability to all.
Thus, BNS Section 38 preserves the IPC principle of proportionality in liability. It reinforces the idea that while cooperation in a crime is punishable, each participant is accountable for their specific offense, ensuring fairness in the criminal justice system.
What changed?
The Bharatiya Nyaya Sanhita re-words or substantively revises this provision. Compare the two columns above to see the differences.