Section 38 of IPC : Section 38: Persons concerned in criminal act may be guilty of different offences

Explanation using Example

Example 1:

Rahul and Sameer plan to rob a bank. During the robbery, Rahul, who is armed, threatens the bank staff and customers, while Sameer, who is unarmed, collects the money. In the process, Rahul shoots and injures a security guard who tries to intervene. Here, Rahul can be charged with attempted murder and armed robbery, while Sameer can be charged with robbery. Even though they were both involved in the same criminal act, their individual actions and intentions lead to different charges.

Example 2:

Priya and Anil are involved in a heated argument with their neighbor, Ramesh. Priya, in a fit of rage, picks up a stick and hits Ramesh, causing minor injuries. Anil, who has a long-standing grudge against Ramesh, takes advantage of the situation and stabs Ramesh with a knife, leading to serious injuries. In this case, Priya may be charged with causing hurt, while Anil may be charged with attempted murder. Despite both being involved in the assault on Ramesh, their actions and intentions result in different charges.