Indian Penal Code, 1860
IPC Section 38 in BNS
Persons concerned in criminal act may be guilty of different offences. Section 38 of the Indian Penal Code, 1860 (Persons concerned in criminal act may be guilty of different offences) corresponds to Section 3(9) of the Bharatiya Nyaya Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under IPC & Bharatiya Nyaya Sanhita, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Acts done by several persons in furtherance of a common intention are dealt with under:
Answer & explanation
Section 3(5) BNS
BNS Section 3(5) corresponds to IPC Section 34. It is a rule of evidence creating joint liability; it does not create a substantive offence.
The right of private defence of the body extends to causing death in which circumstance?
Answer & explanation
An assault raising reasonable apprehension of death or grievous hurt
BNS Sections 34 to 44 correspond to IPC Sections 96 to 106. The right does not extend to inflicting more harm than is necessary and is unavailable where there is time to have recourse to public authorities.
Common intention under Section 3(5) BNS requires:
Answer & explanation
A prior meeting of minds, however sudden, before the act is committed
The distinction from common object: § 3(5) needs a shared intention; unlawful assembly needs only a shared object and five persons.
Sections either side of it
How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:
| IPC | Provision | BNS |
|---|---|---|
| 34 | Acts done by several persons in furtherance of common intention | 3(5) |
| 37 | Co-operation by doing one of several acts constituting an offence | 3(8) |
| 53 | Punishments | 4 |
| 64 | Sentence of imprisonment for non-payment of fine | 8 |
| 71 | Limit of punishment of offence made up of several offences | 9 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IPC→BNS table