Section 37 IPC: Co-operation by doing one of several acts constituting an offence
Indian Penal Code, 1860
Section 37 IPC at a Glance
Section 37 IPC deals with co-operation by doing one of several acts constituting an offence. From 1 July 2024 it is replaced by Section 3(8) BNS.
None of its own. A person who co-operates is liable to the punishment for the offence committed.
Section 37 IPC Bare Act Text
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.
Source: Section 37, Indian Penal Code, 1860
Section 37 IPC in Simple Words
Section 37 of the Indian Penal Code (IPC) says that 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. The section creates no offence and sets no punishment.
Ingredients of Section 37 IPC
- An offence committed by means of several acts
- A person who does any one of those acts, singly or jointly with another
- That person intentionally co-operating in the commission of the offence
Punishment Under Section 37 IPC
None of its own. A person who co-operates is liable to the punishment for the offence committed.
None of its own. Any fine comes from the section for the offence committed.
Section 37 IPC has no entry in the First Schedule to the CrPC. Cognizance, bail and the trial court follow the entry for the offence committed.
Example of Section 37 IPC
When Section 37 IPC Does Not Apply
- Section 37 IPC does not apply to a person who performs one of the acts without intentionally co-operating in the commission of the offence.
- Section 37 IPC does not apply when an offence is completed by a single act rather than by means of several acts.
- Section 37 IPC does not apply where separate persons perform sequential acts independently and without any collusion or co-operation between them.
Section 37 IPC in the BNS
Section 37 IPC is now covered under Section 3(8) BNS.
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(8) BNS and has no heading of its own.
View detailed comparison (IPC 37 vs BNS 3(8)) →FAQs on Section 37 IPC
What does Section 37 IPC say?▼
That when an offence is committed by means of several acts, whoever intentionally co-operates in committing it by doing any one of those acts, either singly or jointly with any other person, commits that offence.
What must be shown for Section 37 IPC to apply?▼
That the offence was committed by means of several acts, that the person charged did one of them, and that he did it intentionally co-operating in the commission of the offence.
Under Section 37 IPC, what does the first illustration show?▼
A and B agree to murder Z by giving him small doses of poison at different times, and Z dies of the doses. Each does an act by which the death is caused, so both are guilty of murder though their acts are separate.
Under Section 37 IPC, what does the third illustration show?▼
A, a jailor, illegally omits to give Z food, intending his death, but Z survives. B succeeds A and, without collusion or co-operation with A, illegally omits to give Z food, knowing he is likely to cause Z’s death, and Z dies. B is guilty of murder, and A, who did not co-operate with B, is guilty only of an attempt to commit murder.
Does Section 37 IPC create an offence?▼
No. It sets a rule of liability and no punishment. The punishment comes from the section for the offence committed.
Where is Section 37 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 3(8) BNS, with the same words and illustrations. Only co-operate becomes cooperate.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·