IPC Section 11: Meaning of Person and BNS Section 2(26)
The legal term "person" is not limited to an individual human being. Indian criminal law also recognises companies, associations and groups of persons within this definition.
Text of Section 11 of the Indian Penal Code, 1860
The word "person" includes any Company or Association or body of persons, whether incorporated or not.
Section 11 was an interpretation provision. It explained how the expression "person" should be understood when used elsewhere in the IPC. It did not independently create an offence or prescribe punishment.
Current provision: Section 2(26) of the Bharatiya Nyaya Sanhita, 2023
"person" includes any company or association or body of persons, whether incorporated or not;
Section 2(26) carries forward the substance of the former IPC definition. The introductory words of BNS Section 2 make its definitions subject to the context in which they are used.
What does "person" mean in criminal law?
The expression includes a natural person (an individual) and may also include a legal or collective entity. A company incorporated under law is an example of a legal person. An association or body of individuals may fall within the definition even if it has not been incorporated.
The wording is inclusive, rather than an exhaustive list. Whether a particular entity can be prosecuted, and what penalties or procedural rules apply, depends on the specific offence, the relevant legislation and the circumstances of the case. Liability of an organisation does not automatically establish personal criminal liability of every director, member or office-bearer.
Examples of persons covered by the definition
- Individuals: natural human beings.
- Companies: incorporated corporate entities.
- Associations: organised groups of persons, subject to the statutory context.
- Unincorporated bodies: groups that may be covered even without separate incorporation.
Does IPC Section 11 still apply?
The IPC has been repealed by the BNS, but Section 358 of the BNS contains repeal and saving provisions. The former IPC may remain relevant to acts, liabilities and proceedings arising under the earlier law. For matters governed by the BNS, refer to Section 2(26). The applicable law should be assessed with reference to the date of the alleged conduct and relevant transitional provisions.
Official legal sources
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF), especially Sections 2(26) and 358. The India Code portal provides access to central legislation and statutory texts.
Frequently asked questions
Is a company a person under the BNS?
Yes. Section 2(26) expressly includes a company within the meaning of "person", although criminal responsibility must be determined under the applicable offence.
Does an unregistered association count as a person?
The definition includes an association or body of persons whether incorporated or not. Its application to a specific case depends on the statutory context and facts.
Does Section 11 IPC prescribe a punishment?
No. It is a definition provision, not a separate penal offence.
Last reviewed: 28 October 2026. This article provides general legal information and is not a substitute for advice on individual facts.
