Section 36 IPC: Effect caused partly by act and partly by omission

Indian Penal Code, 1860

Section 36 IPC at a Glance

Section 36 IPC deals with effect caused partly by act and partly by omission. From 1 July 2024 it is replaced by Section 3(7) BNS.

Punishment

None. Section 36 IPC creates no offence.

BNS Equivalent

Section 3(7) →

Section 36 IPC Bare Act Text

36. Effect caused partly by act and partly by omission

Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Illustration

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

Source: Section 36, Indian Penal Code, 1860

Section 36 IPC in Simple Words

Section 36 of the Indian Penal Code (IPC) says that wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, causing that effect partly by an act and partly by an omission is the same offence. It is a rule for reading the Code. The section creates no offence and sets no punishment.

Ingredients of Section 36 IPC

  • An offence of causing a certain effect, or attempting to cause it, by an act or by an omission
  • The effect caused partly by an act
  • The effect caused partly by an omission

Punishment Under Section 36 IPC

Imprisonment

None. Section 36 IPC creates no offence.

Fine

None.

Section 36 IPC is a rule of reading. It has no entry in the First Schedule to the CrPC.

Example of Section 36 IPC

In 2021 in Mysuru, Gautham was hired under a contract and legally bound to give daily heart medicine to his bedridden patient, Raghu. Intending to cause Raghu's death, Gautham illegally omitted to give him the medicine and also pressed a pillow over his face to weaken his breathing. Raghu died from the combined result of both. Because causing death by an act or by an omission is an offence, Section 36 IPC makes causing Raghu's death partly by that act and partly by that omission the same offence.

When Section 36 IPC Does Not Apply

  • Section 36 IPC does not apply when the effect is brought about solely by a positive act or solely by an omission, since the substantive offence directly covers that case.
  • Section 36 IPC does not apply where the law does not make causing the effect, or attempting to cause it, by an act or by an omission an offence.
  • Section 36 IPC does not apply when the omission involved is not an illegal omission under Section 32 IPC and Section 43 IPC.

Section 36 IPC in the BNS

Section 36 IPC is now covered under Section 3(7) BNS.

Section 3(7) BNS carries the rule and its illustration in the same words. It is a sub-section of the general explanations in Section 3(7) BNS and has no heading of its own.

View detailed comparison (IPC 36 vs BNS 3(7)) →

FAQs on Section 36 IPC

What does Section 36 IPC say?▼

That wherever the causing of a certain effect, or an attempt to cause it, by an act or by an omission, is an offence, causing that effect partly by an act and partly by an omission is the same offence.

What does the illustration to Section 36 IPC show?▼

A intentionally causes the death of Z, partly by illegally omitting to give Z food and partly by beating Z. A has committed murder.

Does Section 36 IPC make a failure to act an offence?▼

No. Section 32 IPC extends words which refer to acts done to illegal omissions, and Section 43 IPC says when an omission is illegal. Section 36 IPC only says that a mix of act and omission is the same offence.

Does Section 36 IPC create an offence?▼

No. It is a rule of reading and sets no punishment. The punishment comes from the section for the offence charged.

Where is Section 36 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 3(7) BNS, with the same words and the same illustration.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·