Section 36 IPC Explained: Act and Omission, Meaning, Examples & BNS Update

Section 36 IPC – 

When people search for Section 36 IPC, most of them expect to find:

• a punishment,
• a jail term, or
• a fine amount.

But here’s the honest truth:

👉 Section 36 IPC is not about punishment at all.
👉 It is about how responsibility is fixed in criminal law.

And once you understand it properly, you’ll realize why this section quietly plays a very powerful role in criminal cases.

What Is Section 36 IPC, in Simple Words?

Section 36 of the Indian Penal Code deals with situations where:

• harm is caused partly by an act (something a person does), and
• partly by an omission (something a person deliberately fails to do).

The law says:

Even if the result is caused by a mix of action and inaction, it will be treated as one complete offense, just as if it were caused by a single act or a single omission.

The official heading of the section is
“Effect caused partly by act and partly by omission.”

Why Section 36 IPC Is So Important

Criminal law is not just about what people do.
It is also about what people choose not to do when they have a duty.

Without Section 36 IPC, an accused person could argue:

“I didn’t fully cause the harm.
Part of it happened because I didn’t act.”

Section 36 shuts this excuse down completely.

It ensures:

• no technical escape routes,
• no clever splitting of conduct,
• no avoidance of responsibility.

Act and Omission—What Do These Mean?

Let’s simplify the two key words used in Section 36 IPC.

Act

An act is:

• something you actively do
• a positive action

Example:

• assaulting someone
• poisoning food
• pushing someone

Omission

An omission is:

• failing to do something
• when the law expects you to act

Example:

• not feeding someone you are legally bound to care for
• not providing medical help when you have a duty to do so

Section 36 IPC comes into play when both exist together.

Section 36 IPC Example (Real-Life Style)

Let’s take a very clear Section 36 IPC example.

A caretaker:

• intentionally stops giving food to an elderly person (omission), and
• later physically assaults them (act),
• resulting in the person’s death.

The accused cannot argue:

“Death was not caused only by my assault.
It also happened because I didn’t feed them.”

Under Section 36 IPC:

• the law treats the entire conduct as one offense.
• and the person is held responsible for the final result.

Is There Any Punishment Under Section 36 IPC?

This is a very common confusion.

👉 There is no punishment mentioned in Section 36 IPC.

So if you’re searching for the Section 36 IPC punishment, here’s the clarity:

• Section 36 does not prescribe punishment
• Punishment comes from the main offence section
  (for example, murder, culpable homicide, negligence, etc.)

Section 36 only explains how liability is fixed, not how much punishment is given.

Why Courts Rely on Section 36 IPC

Courts use Section 36 because:

• real-life crimes are rarely clean or simple.
• harm often results from a chain of behavior.
• Justice must look at the final effect, not excuses.

It helps judges say:

“You are responsible for what happened—not just for what you did, but also for what you deliberately failed to do.”

Section 36 IPC in BNS (New Criminal Law)

With the introduction of the Bharatiya Nyaya Sanhita (BNS), many IPC sections have been replaced or reorganized. d.

👉 Section 36 IPC has been replaced with BNS Section 3

Important point:

• The principle remains exactly the same
• Only the section number has changed

So when people search for section 36 IPC in BNS, the correct reference is

BNS Section 3

The idea of act omission causing one offense continues under the new law.

Section 36 IPC vs Other IPC Sections (Quick Clarity)

• Section 36 → explains how responsibility is fixed
• It works along with:
  • murder and culpable homicide sections
  • negligence sections
  • duty-based offences

It does not create a crime by itself.
It explains how guilt is determined.

Common Misunderstandings About Section 36 IPC

Let’s clear a few myths:

❌ Section 36 IPC gives punishment
✅ No, it only fixes liability

❌ Only actions matter in criminal law
✅ Omissions matter too, when there is a legal duty

❌ If harm is partly accidental, liability reduces
✅ Combined conduct still attracts full responsibility

One-Line Meaning (For Quick Recall)

Section 36 IPC means that when a criminal effect is caused partly by an act and partly by an omission, the law treats it as one complete offense and holds the person fully responsible for the result.

Final Thoughts (Human Perspective)

Section 36 IPC exists because real life is messy.

People don’t always cause harm in one straight action.
Sometimes they:

• act when they shouldn’t, and
• stay silent when they must act.

This section tells us one simple rule:

You cannot escape criminal responsibility by doing half the harm and allowing the rest to happen.

Whether under IPC or BNS, the law looks at reality, not technical tricks.