IPC Section 31: A Will - Meaning, Definition and BNS Section 2(34)
Section 31 of the Indian Penal Code, 1860 defines a will for the purposes of that Code. The corresponding definition in the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 2(34). Both use the concept of a testamentary document.
"The words 'a will' denote any testamentary document."
Meaning of a will under IPC Section 31
A testamentary document records a person's intentions regarding the disposition of property or other matters intended to take effect upon that person's death. The term testator generally refers to the person making a will. Section 31 supplies a definition for interpreting references to a will in the IPC; it does not by itself set out how to make, register, prove or revoke a valid will.
For example, a written instrument expressing how a testator's assets should pass after death may be a testamentary document. Whether it is legally effective depends on the applicable succession law and its requirements.
Corresponding provision: BNS Section 2(34)
"will" means any testamentary document;
The BNS took effect on 1 July 2024 (subject to the notified exception concerning Section 106(2)). Its definition of a will preserves the substance of IPC Section 31. The BNS is generally relevant to offences committed after its commencement; the treatment of earlier conduct and proceedings depends on the applicable savings and transition provisions, including BNS Section 358.
| Feature | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
|---|---|---|
| Provision | Section 31 | Section 2(34) |
| Defined expression | "a will" | "will" |
| Core meaning | Any testamentary document | Any testamentary document |
| Nature | Interpretive definition | Interpretive definition |
| Standalone punishment | None under this definition | None under this definition |
Wills and the Indian Succession Act, 1925
The criminal-code definition should be read separately from the law governing the execution and validity of wills. Section 2(h) of the Indian Succession Act, 1925 defines a will as the legal declaration of a testator's intention with respect to property which the testator desires to be carried into effect after death.
For wills to which the relevant provisions apply, Section 59 concerns testamentary capacity; Section 63 sets out execution requirements for unprivileged wills, including signing or marking by the testator and attestation by two or more witnesses. The Act's application varies with personal law and the type of will, so these provisions should not be treated as universally applicable to every person or testamentary instrument.
Under Section 18(e) of the Registration Act, 1908, registration of a will is ordinarily optional. Registration does not substitute for compliance with applicable execution and proof requirements.
Practical illustrations
- Distribution of assets: A person signs a testamentary instrument directing how specified assets are to pass after death. This is the kind of document described by the statutory term "will", subject to validity requirements.
- Change of intention: A testator prepares a later will changing the proposed beneficiaries. Whether the earlier instrument is revoked or altered is governed by the applicable succession law, not by IPC Section 31 alone.
- Forgery allegation: If a purported will is fabricated or dishonestly altered, provisions dealing with forgery or related offences may become relevant. Section 31 itself merely defines the expression.
What Section 31 does not decide
- Whether a particular will has been validly executed or attested.
- Whether probate or other proceedings are required in a particular case.
- Whether the maker had testamentary capacity or acted free from coercion.
- Whether a will has been revoked or superseded.
- Whether an allegation involving a will constitutes an offence: that requires the elements of a separate penal provision to be proved.
Legal context: A will may be relevant to both succession disputes and criminal allegations. The statutory definition is broad, but the legal effect and evidentiary treatment of any particular instrument depend on the facts and applicable law.
Frequently asked questions
What is a will under IPC Section 31?
IPC Section 31 defines the words a will as any testamentary document.
What is the equivalent of IPC Section 31 in the BNS?
Section 2(34) of the Bharatiya Nyaya Sanhita, 2023 defines will as any testamentary document.
Does IPC Section 31 prescribe punishment?
No. Section 31 is a definition, not an independent offence or punishment provision.
Must every will be registered?
Registration of a will is generally optional under Section 18(e) of the Registration Act, 1908. Valid execution and proof are separate questions.
Does a will take effect during the testator's lifetime?
A will is intended to operate after the testator's death and is generally revocable during the testator's lifetime, subject to applicable succession law.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Section 2(34) and Section 358)
- India Code - official repository of central legislation (IPC, Indian Succession Act and Registration Act)
- Bureau of Police Research and Development - BNS reference publication
- National Crime Records Bureau - BNS chapter and section reference
Information is provided for general legal education and does not replace advice on a particular will or dispute.