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)
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
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 38 | 3(9) |
| Offence | Persons concerned in criminal act may be guilty of different offences | Same |
| Punishment | None of its own. Each person is liable to the punishment for the offence he is guilty of. | Same |
| Fine | None of its own. Any fine comes from the section for the offence committed. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 38 and BNS 3(9): Bare Act Text Side by Side
Section 38, IPC 1860
Section 3(9), BNS 2023
Ingredients: IPC 38 vs BNS 3(9)
- Several persons engaged or concerned in the commission of a criminal act
- One criminal act committed by them
- Guilt of different offences by means of that act
- Several persons engaged or concerned in the commission of a criminal act
- One criminal act committed by them
- Guilt of different offences by means of that act
What IPC 38 to BNS 3(9) Means for Pending Cases
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 Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 38 IPC.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 ·