If two persons commit the same act, can they be guilty of different offences in respect of that act?

Question: If two persons commit the same act, can they be guilty of different offences in respect of that act? [HR.J.S. 2001]

Find the answer to the mains question of IPC only on Legal Bites. [If two persons commit the same act, can they be guilty of different offences in respect of that act?]

Answer

Section 38 of Indian Penal Code (IPC) provides that persons concerned in criminal acts may be guilty of different offences. It states that 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.

This is one of the principles of joint liability as laid down in IPC. A suitable illustration is 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.

In Bhaba Nanda v. State of Assam, [1977 AIR 2252] three persons were engaged in an attack on the deceased. While two of them were attacking him severely the third accused did not even use his lathi. The Supreme Court held the first two guilties of murder with the help of section 34 while the third accused was held liable under section 304, Part II read with Section 34 of the Code as he had joined the other two in the criminal act intentionally fully knowing that there was the likelihood of the deceased dying.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
7. IPC Mains Questions Series Part VII: Important Questions
8. IPC Mains Questions Series Part VIII: Important Questions
9. IPC Mains Questions Series Part IX: Important Questions
10. IPC Mains Questions Series Part X: Important Questions