IPC Section 10: Meaning of Man and Woman under Indian Criminal Law
Section 10 of the Indian Penal Code, 1860 (IPC), defined the words "man" and "woman" without imposing any minimum age. The Bharatiya Nyaya Sanhita, 2023 (BNS), now contains the corresponding definitions in separate clauses.
Text of Section 10 of the Indian Penal Code, 1860
The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age.
The provision supplied a general interpretation of these expressions wherever they appeared in the IPC. It did not create an offence or prescribe imprisonment, a fine or any other punishment.
Corresponding provisions under the Bharatiya Nyaya Sanhita, 2023
Under Section 2 of the BNS, the two definitions are set out separately:
Section 2(19), BNS - "Man": "man" means male human being of any age;
Section 2(35), BNS - "Woman": "woman" means a female human being of any age;
These clauses preserve the age-independent character of the earlier IPC definitions. They should be read in the context of the particular offence, other statutory definitions and applicable judicial interpretation.
IPC Section 10 and BNS definitions: Comparison
| Subject | IPC, 1860 | BNS, 2023 |
|---|---|---|
| Man | Section 10 | Section 2(19) |
| Woman | Section 10 | Section 2(35) |
| Age requirement | Any age | Any age |
| Nature of provision | Interpretative definition | Interpretative definitions |
| Standalone punishment | None | None |
Meaning and legal significance
1. The expressions are not restricted to adults
In the statutory definitions, "of any age" means that the expression is not restricted to persons who have reached the age of majority. However, an offence-specific provision may separately distinguish adults and children or prescribe an age threshold.
2. Definitions must be read with the relevant offence
The definitions assist in interpreting criminal provisions; they do not, by themselves, decide criminal liability. The ingredients of an offence, relevant exceptions, and the facts must be examined separately.
3. Gender and transgender persons
Section 2(10) of the BNS addresses the use of the pronoun "he" and its derivatives for persons who are male, female or transgender. It refers to the definition of "transgender" in Section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019. This is a distinct interpretative provision and should not be conflated with the definitions of "man" and "woman" in Section 2(19) and Section 2(35).
Does IPC Section 10 still apply?
The IPC was repealed by the BNS with effect from 1 July 2024, subject to the applicable repeal and savings provisions. The IPC may remain relevant to acts and proceedings governed by the earlier law. For matters under the BNS, consult Section 2(19) and Section 2(35) rather than treating IPC Section 10 as the operative BNS provision.
Frequently asked questions
What is Section 10 IPC?
It is the former IPC provision defining "man" as a male human being of any age and "woman" as a female human being of any age.
What replaced Section 10 IPC?
The corresponding BNS definitions are Section 2(19) for "man" and Section 2(35) for "woman".
Does Section 10 IPC prescribe a punishment?
No. It is a definitional provision and does not create a punishable offence.
Official legal references
- India Code - Bharatiya Nyaya Sanhita, 2023
- Ministry of Home Affairs - New Criminal Laws
- National Crime Records Bureau - BNS Sections
Note: This article is general legal information. The legal position in a particular case depends on the date of the alleged act, the applicable statute and judicial interpretation.