IPC Section 36 vs BNS Section 36 – Effect Caused by Act and Omission
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 36
Effect Caused Partly by Act and Partly by Omission
About IPC Section
Section 36 of the Indian Penal Code (IPC), 1860, clarifies that the word “act” includes not only actions but also the combination of an act and an omission, whenever together they cause an effect. This means that liability arises even when a wrongful consequence is produced partly by a positive action and partly by a failure to act.
For example, if a doctor administers a harmful drug (an act) and also fails to provide necessary treatment (an omission), and death results, the combined effect makes the doctor criminally liable. Similarly, if a person locks someone in a room (act) and then fails to provide food or water (omission), the resulting harm or death is attributed to both.
The importance of IPC 36 lies in preventing offenders from escaping liability by splitting their conduct into action and inaction. It recognizes that in real life, consequences often result from a mix of acts and omissions. By covering both, the section ensures fairness in attributing responsibility.
Thus, IPC 36 strengthens criminal law by ensuring that combined acts and omissions leading to harm are treated as causes of the effect, maintaining accountability in justice.
Section: BNS 36
Effect Caused Partly by Act and Partly by Omission (Retained)
About BNS Section
Section 36 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the principle established in IPC 36. It states that when an effect is caused partly by an act and partly by an illegal omission, the combined result is treated as having been caused by that act.
This provision remains crucial in modern criminal law, as many harmful consequences arise from a mix of actions and failures to act. For example, a public servant who knowingly allows contaminated water to be supplied (act) and fails to stop the distribution despite having authority (omission) is fully liable for the harm caused.
The BNS version uses clearer language but does not alter the meaning. It ensures that responsibility cannot be evaded simply because part of the wrongful conduct was passive neglect. By extending liability to both positive actions and omissions, the section reinforces accountability.
Thus, BNS Section 36 continues to ensure that when harm is caused through a combination of acts and omissions, offenders cannot escape punishment. It reflects the principle that criminal law protects society not just from wrongful actions but also from deliberate failures to act when legally bound to do so.