What is the punishment for Dhara 38?

The punishment for this specific offense is outlined under the law as: Definition / General Principle / Repealed.

Is IPC 38 bailable or non-bailable?

Under the Indian Penal Code, this specific offense is classified as a N/A offense.

Is Dhara 38 a cognizable offense?

The legal status regarding police arrest without a warrant is that this offense is N/A.

Which court has the jurisdiction to try IPC 38 cases?

Cases pertaining to this specific IPC section are triable by the N/A.

Can IPC Section 38 be compromised (Compoundable)?

The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).

IPC Section 38 In English

Indian Penal Code, 1860

Persons concerned in criminal act may be guilty of different offences.—

Section

Punishment

Definition / General Principle / Repealed

Cognizable

N/A

Bailable

N/A

Compoundable

Non-Compoundable (Refer to CrPC 320 for exceptions)

Trial Court

N/A

Bare Act Text

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.

Disclaimer:

This article is for general legal information only and is not a substitute for professional legal advice. Please consult a qualified advocate for your specific case.

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.