Section 38 in The Jammu and Kashmir State Ranbir Penal Code, 1989
38. 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.IllustrationA 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.
