Indian Kanoon- IPC Section 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.
This section means when several persons are engaged in a criminal act they may be guilty of different offences by commission of their acts. For eg X & Y are engaged in a fight with Z, Z said offensive words against X's wife provoking X to attack him, and Y having ill will against Z also assists X in the act. Both will be tried differently.
A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Except in the [Chapters] and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this Code. In Chapter IV, [Chapter VA] and in the following sections, namely, sections [64, 65, 66, 5*, 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word "offence" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined. And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.]