IPC 37→BNS 3(8)

IPC 37 to BNS 3(8): Co-operation by doing one of several acts constituting an offence

Section 37 IPC (1860) replaced by Section 3(8) BNS (2023)

View IPC Section 37 →View BNS Section 3(8) →

IPC 37 to BNS 3(8) at a Glance

Section 37 IPC (Co-operation by doing one of several acts constituting an offence) is now Section 3(8) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 37 to BNS 3(8)?

Section 3(8) BNS carries the rule and its three illustrations in the same words, except that co-operate is written cooperate. It is a sub-section of the general explanations in Section 3 BNS and has no heading of its own.

IPC 37 vs BNS 3(8): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section373(8)
OffenceCo-operation by doing one of several acts constituting an offenceSame
PunishmentNone of its own. A person who co-operates is liable to the punishment for the offence committed.Same
FineNone of its own. Any fine comes from the section for the offence committed.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 37 and BNS 3(8): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 37, IPC 1860

37. Co-operation by doing one of several acts constituting an offence.—When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Illustrations (a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.
BNS 2023 (in force)

Section 3(8), BNS 2023

(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Illustrations. (a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not cooperate with B. A is guilty only of an attempt to commit murder.

Ingredients: IPC 37 vs BNS 3(8)

Under IPC 37
  1. An offence committed by means of several acts
  2. A person who does any one of those acts, singly or jointly with another
  3. That person intentionally co-operating in the commission of the offence
Under BNS 3(8)
  1. An offence committed by means of several acts
  2. A person who does any one of those acts, singly or jointly with another
  3. That person intentionally cooperating in the commission of the offence

What IPC 37 to BNS 3(8) Means for Pending Cases

For Section 37 IPC (now Section 3(8) BNS): nothing turns on the move. Whoever intentionally co-operates in an offence committed by means of several acts, by doing any one of them, commits that offence under both Codes.

FAQs: IPC 37 to BNS 3(8)

Did the rule on co-operating in one of several acts change when Section 37 IPC became Section 3(8) BNS?▼

No. Section 3(8) BNS carries it, and its three illustrations, in the same words. Only the spelling co-operate becomes cooperate.

Where does Section 37 IPC sit in the BNS?▼

In Section 3 BNS, the general explanations section, as sub-section 8 with no heading of its own.

Does Section 37 IPC or Section 3(8) BNS apply to an act done before 1 July 2024?▼

Section 37 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 37 IPC. Section 3(8) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·