Section 38 Indian Penal Code
Section 38 of the Indian Penal Code 1860 is about Persons concerned in criminal act may be guilty of different offences. It is under CHAPTER II (GENERAL EXPLANATIONS) of the Code.
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.
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.