IPC Section 2: Punishment of Offences Committed Within India
Section 2 of the Indian Penal Code, 1860 established the territorial principle of criminal liability: every person who committed an act or omission punishable under the IPC within India was subject to punishment under that Code.
Text of Section 2 of the Indian Penal Code, 1860
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.
This is the historical statutory wording of Section 2. It is reproduced for legal reference and interpretation.
Meaning and scope of IPC Section 2
1. Every person
The expression is not restricted to Indian citizens. A foreign national or other person who commits an offence within Indian territory may also be subject to Indian criminal law, subject to any applicable immunity or special legal rule.
2. Act or omission
An act is conduct that a penal provision prohibits. An omission is a failure to perform a legally required act where the applicable offence makes that failure punishable. Mere inaction is not automatically a criminal offence.
3. Within India
Section 2 addressed offences committed within India. Separate provisions governed offences committed outside India in specified circumstances, including IPC Sections 3 and 4. The corresponding BNS rules appear in Section 1, including its provisions concerning extra-territorial application.
4. Under this Code and not otherwise
This phrase tied liability under Section 2 to conduct made punishable by the IPC itself. It did not abolish liability under valid special or local criminal laws. Such laws could operate independently according to their own terms.
Current law: Section 1(3) of the Bharatiya Nyaya Sanhita, 2023
Section 1(3) of the BNS substantially carries forward the territorial rule of IPC Section 2:
Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.
The BNS commenced on 1 July 2024. For offences committed on or after its commencement, the applicable BNS offence provisions ordinarily govern, subject to the facts, relevant commencement notifications, and any special law. Section 1(3) is a general application provision; it does not itself prescribe a separate punishment for a particular crime.
The BNS also addresses certain conduct outside India under Section 1(4) and Section 1(5), while Section 1(6) preserves the operation of special and local laws.
Practical examples
Example 1 - Offence by a foreign national: If a foreign visitor commits a criminal offence in India, Indian criminal law may apply irrespective of nationality, subject to applicable legal immunities.
Example 2 - Punishable omission: If a specific penal provision imposes criminal liability for failure to discharge a legal duty, an omission occurring in India may attract that provision. The prosecution must establish all statutory ingredients.
Example 3 - Conduct before July 2024: Where the alleged offence occurred before 1 July 2024, the IPC may remain relevant to the charge and punishment notwithstanding its repeal, having regard to the statutory saving provisions and Article 20(1) of the Constitution.
Repeal, savings and pending proceedings
Section 358 of the BNS repeals the Indian Penal Code and contains saving provisions. The repeal does not automatically extinguish liabilities, penalties, investigations or legal proceedings relating to earlier offences. The General Clauses Act, 1897 may also be relevant to the effect of repeal.
Article 20(1) of the Constitution of India prohibits conviction for an act that was not an offence when committed and prohibits imposing a penalty greater than that which could have been imposed at that time. The date of the alleged conduct is therefore important when determining the applicable substantive criminal law.
Procedural questions may separately require consideration of the Bharatiya Nagarik Suraksha Sanhita, 2023 and its transitional provisions.
Official legal sources
- India Code - official central legislation database (search for Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023).
- Ministry of Home Affairs - notifications and criminal-law implementation materials.
- Legislative Department - Constitution of India, including Article 20.
Frequently asked questions
Is IPC Section 2 still in force?
The IPC was repealed with effect from 1 July 2024, subject to saving provisions. IPC Section 2 remains relevant when analysing offences and liabilities arising under the former Code.
Which BNS section corresponds to IPC Section 2?
The corresponding general rule on punishment for offences committed within India is Section 1(3) of the Bharatiya Nyaya Sanhita, 2023.
Does Indian criminal law apply to foreigners?
Generally yes, for offences committed within India, subject to statutory requirements and applicable immunities.