Section 36 IPC - Effect Caused Partly by Act and Partly by Omission
Section 36 of the Indian Penal Code, 1860 clarified that where causing a particular effect, or attempting to cause that effect, is an offence whether committed by an act or by an omission, the same offence may also be committed when the effect is caused partly by an act and partly by an omission.
Section 36 of the Indian Penal Code 1860
Section 36 - Effect caused partly by act and partly by omission.
Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
Meaning of Section 36 IPC
Section 36 addressed the manner in which a prohibited consequence may be brought about. If the law treats causing a particular effect by an act as an offence, and also treats causing that effect by an omission as an offence, the consequence does not cease to constitute that offence merely because it resulted from a combination of the two.
The provision therefore prevented an artificial division between positive conduct and legally relevant omission where both contributed to the same criminal effect.
Meaning of Act and Omission
Section 33 IPC provided that the word "act" included a series of acts as well as a single act, and the word "omission" included a series of omissions as well as a single omission. In addition, Section 32 IPC stated that, except where a contrary intention appeared from the context, words referring to acts done extended also to illegal omissions.
Read with those provisions, Section 36 explained the legal effect of combining conduct and omission in causing the consequence relevant to an offence.
Essential Elements of Section 36 IPC
- There must be a particular effect, or an attempt to cause that effect.
- Causing or attempting to cause that effect by an act or by an omission must constitute an offence.
- The effect may in fact be caused partly by a positive act and partly by an omission.
- The combined mode of causing the effect is treated as the same offence.
How the Statutory Illustration Works
The illustration to Section 36 used the example of intentionally causing death. Part of the causal conduct consists of an illegal omission to provide food and another part consists of beating the victim. The Code treated the resulting intentional killing as murder notwithstanding that the death was brought about through both omission and positive conduct.
The illustration is important because it demonstrates the precise purpose of the section: criminal responsibility for the relevant effect is not avoided merely because the causal conduct is divided between an act and an omission.
Act, Omission and the Required Legal Duty
Section 36 did not make every failure to act criminal. Its language operates where causing the relevant effect by an omission is itself capable of constituting the offence. Whether a particular omission is legally relevant therefore depends upon the ingredients of the substantive offence and the legal duty, if any, applicable to the person concerned.
This is also why the statutory illustration expressly refers to an "illegally" omitted supply of food. Section 43 IPC is relevant to the IPC concepts of "illegal" and "legally bound to do."
Section 36 Compared with Related IPC Provisions
| Provision | Subject | Relationship to Section 36 |
|---|---|---|
| Section 32 IPC | Words referring to acts include illegal omissions | Provides a general rule concerning statutory references to acts and illegal omissions. |
| Section 33 IPC | Act and omission | Defines "act" and "omission" to include a series as well as a single act or omission. |
| Section 35 IPC | Criminal knowledge or intention | Addresses liability where several persons join an act with the required criminal knowledge or intention. |
| Section 36 IPC | Effect caused by act and omission | Treats an effect caused partly by an act and partly by an omission as the same offence where the statutory conditions apply. |
| Section 37 IPC | Cooperation in several acts | Addresses intentional cooperation by doing one of several acts by which an offence is committed. |
Section 36 and Attempt
The section expressly referred not only to "causing" a certain effect but also to an "attempt to cause" that effect. Accordingly, its rule was not confined to cases in which the intended consequence was completed. Where the substantive criminal law treated an attempt to cause the relevant effect by an act or omission as an offence, Section 36 also contemplated a combination of act and omission in that attempt.
Practical Significance
When Section 36 was relevant, the court had to consider the ingredients of the substantive offence, the alleged positive conduct, the alleged omission, the legal significance of that omission, the required mental element, and whether the conduct and omission together caused or attempted to cause the prohibited effect. Section 36 supplied the general statutory rule; liability still depended upon proof of the ingredients of the offence charged.
Position Before the Bharatiya Nyaya Sanhita 2023
The Indian Penal Code, 1860 governed substantive criminal law before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. This page intentionally explains Section 36 in its IPC setting. The law applicable to a particular incident should be determined by reference to the date and circumstances of the alleged offence and the relevant transitional or savings provisions.
Note: This article provides general legal information about Section 36 IPC and does not substitute for advice on the facts of an individual case.