Section 38 of IPC : Section 38: Persons Concerned In Criminal Act May Be Guilty Of Different Offences

Explanation using Example

Imagine a scenario where two individuals, Raj and Sam, are involved in a physical altercation with another person, Vinod. During the fight, Raj, who has been severely provoked by Vinod, loses his temper and strikes Vinod, potentially causing fatal injuries. Sam, who harbors a longstanding grudge against Vinod but was not provoked, takes advantage of the situation and also attacks Vinod with the intention to kill him.

In this case, under Section 38 of the Indian Penal Code, Raj may be charged with culpable homicide, considering the grave provocation, while Sam could be charged with murder, due to his premeditated intent to kill Vinod without any provocation.