IPC 38→BNS 3(9)

IPC 38 to BNS 3(9): Persons concerned in criminal act may be guilty of different offences

Section 38 IPC (1860) replaced by Section 3(9) BNS (2023)

View IPC Section 38 →View BNS Section 3(9) →

IPC 38 to BNS 3(9) at a Glance

Section 38 IPC (Persons concerned in criminal act may be guilty of different offences) is now Section 3(9) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 38 to BNS 3(9)?

Section 3(9) BNS carries the rule and its illustration in the same words. It is a sub-section of the general explanations in Section 3 BNS and has no heading of its own.

IPC 38 vs BNS 3(9): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section383(9)
OffencePersons concerned in criminal act may be guilty of different offencesSame
PunishmentNone of its own. Each person is liable to the punishment for the offence he is guilty of.Same
FineNone of its own. Any fine comes from the section for the offence committed.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 38 and BNS 3(9): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 38, IPC 1860

38. Persons concerned in criminal act may be guilty of different offences.—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. Illustration A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.
BNS 2023 (in force)

Section 3(9), BNS 2023

(9) 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. Illustration. A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.

Ingredients: IPC 38 vs BNS 3(9)

Under IPC 38
  1. Several persons engaged or concerned in the commission of a criminal act
  2. One criminal act committed by them
  3. Guilt of different offences by means of that act
Under BNS 3(9)
  1. Several persons engaged or concerned in the commission of a criminal act
  2. One criminal act committed by them
  3. Guilt of different offences by means of that act

What IPC 38 to BNS 3(9) Means for Pending Cases

For Section 38 IPC (now Section 3(9) BNS): nothing turns on the move. Persons engaged or concerned in one criminal act may be guilty of different offences by means of it, under both Codes.

FAQs: IPC 38 to BNS 3(9)

Did the rule on different offences for one criminal act change when Section 38 IPC became Section 3(9) BNS?▼

No. Section 3(9) BNS carries it word for word, with the same illustration.

Where does Section 38 IPC sit in the BNS?▼

In Section 3 BNS, the general explanations section, as sub-section 9 with no heading of its own.

Does Section 38 IPC or Section 3(9) BNS apply to an act done before 1 July 2024?▼

Section 38 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 38 IPC. Section 3(9) 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 ·