IPC Section 17: Meaning of Government and Corresponding BNS Section 2(12)
Section 17 of the Indian Penal Code, 1860 defined the expression "Government". The equivalent definition now appears in Section 2(12) of the Bharatiya Nyaya Sanhita, 2023.
What did Section 17 IPC provide?
Section 17 was part of Chapter II (General Explanations) of the Indian Penal Code, 1860 (Act 45 of 1860). Its statutory definition stated:
This was a definition provision, not an independent offence. It identified which governments were covered whenever the term was used in the IPC, subject to the relevant statutory context.
Current law: Section 2(12) of the Bharatiya Nyaya Sanhita, 2023
Section 2 of the BNS sets out definitions applicable to the Sanhita unless the context otherwise requires. Clause (12) states:
The current wording preserves the essential scope of the former IPC definition. It covers the Union-level Central Government and the government of a State. The definition does not, by itself, make every government employee a "public servant"; that expression has a separate statutory definition under Section 2(28) BNS.
IPC Section 17 and BNS Section 2(12): Comparison
| Point | IPC Section 17 | BNS Section 2(12) |
|---|---|---|
| Legislation | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Subject | Definition of "Government" | Definition of "Government" |
| Scope | Central Government or Government of a State | Central Government or a State Government |
| Present status | Repealed, subject to savings | In force from 1 July 2024 |
Does IPC Section 17 still apply?
The BNS repealed the IPC through Section 358(1). However, Section 358(2) contains savings for matters such as the IPC's previous operation, accrued rights and liabilities, penalties for offences committed under the repealed Code, and relevant investigations and proceedings. Section 358(4) also preserves the general operation of Section 6 of the General Clauses Act, 1897.
Consequently, the IPC definition may remain relevant when interpreting proceedings or liabilities governed by the former law. For conduct governed by the BNS, the applicable definition is Section 2(12). The governing provision must be identified in light of the date, subject matter, and applicable savings rules.
Why is the definition of Government important?
Statutory definitions help courts, investigators, practitioners, and readers interpret provisions consistently. When a criminal-law provision refers to "Government", the relevant definition clarifies that the expression encompasses both the Central Government and a State Government. Whether a particular authority, official, or institution falls within a separate legal category depends on the wording of the provision concerned.
Frequently asked questions
What is Section 17 of the IPC?
It was the provision defining "Government" as the Central Government or the Government of a State.
What is the corresponding section in the BNS?
Section 2(12) of the Bharatiya Nyaya Sanhita, 2023.
Is IPC Section 17 a punishable offence?
No. It is a definitional provision and does not prescribe a punishment.
Is BNS Section 17 the same as IPC Section 17?
No. BNS Section 17 concerns an act done by a person justified by law, or believing in good faith because of a mistake of fact that the act is justified by law. The equivalent of IPC Section 17 is BNS Section 2(12).
Official legislation and reference materials
- Indian Penal Code, 1860 - official India Code text (PDF)
- Bharatiya Nyaya Sanhita, 2023 - official India Code text (PDF)
- National Crime Records Bureau - IPC and BNS corresponding sections table
Updated: 28 October 2026. This article provides general legal information; the applicable statutory text and case-specific facts should be checked before reliance.