IPC Section 5 - Certain Laws Not to Be Affected by the Code
Section 5 of the Indian Penal Code, 1860 protected the operation of laws governing military discipline and other special or local laws. This article explains its wording, legal effect and the corresponding provision under the Bharatiya Nyaya Sanhita, 2023.
Text of IPC Section 5
Heading: Certain laws not to be affected by this Act.
Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.
This provision was a saving clause: the general penal code was not intended to displace the specified military enactments or the operation of special and local laws merely because the IPC also dealt with criminal offences.
Meaning and explanation of Section 5 IPC
1. Laws punishing mutiny and desertion
The provision preserved enactments dealing with mutiny and desertion by officers and service personnel. Mutiny generally refers to collective insubordination or revolt against lawful military authority, as defined and punished under the applicable service law. Desertion generally involves unauthorised abandonment of service with the requisite legal elements under the relevant enactment.
Examples of military service legislation include the Army Act, 1950; Navy Act, 1957; and Air Force Act, 1950. The applicable enactment and its specific offence provisions must be examined for the person and conduct concerned.
2. Special laws
A special law addresses a particular subject, class of offences or category of persons rather than laying down the general criminal law. Under the IPC, the expression was defined in Section 41 as a law applicable to a particular subject.
Examples of specialised criminal legislation include the Information Technology Act, 2000 and the Narcotic Drugs and Psychotropic Substances Act, 1985. Whether an enactment applies depends on its own terms and any governing conflict or overriding provisions.
3. Local laws
A local law applies only to a particular part of India. Under Section 42 IPC, a local law was defined as a law applicable only to a particular part of India. State-specific legislation may be relevant where its territorial and substantive conditions are satisfied.
Corresponding provision under the Bharatiya Nyaya Sanhita, 2023
Section 1(6) BNS continues the principle that the new general penal statute does not affect the provisions of Acts punishing mutiny and desertion of specified service personnel or the provisions of any special or local law. It is the current counterpart to Section 5 IPC, rather than BNS Section 5 (which addresses commutation of sentence).
The BNS also contains definitions relevant to this subject: Section 2(24) defines special law and Section 2(15) defines local law. The precise statutory text should be consulted when applying either definition.
| Issue | Earlier IPC | Current BNS |
|---|---|---|
| Saving of military, special and local laws | Section 5 | Section 1(6) |
| Definition of special law | Section 41 | Section 2(24) |
| Definition of local law | Section 42 | Section 2(15) |
Practical legal effect
- General and specialised laws may coexist: The saving clause does not itself eliminate overlapping offences or determine which prosecution must proceed.
- Read the particular statute: Jurisdiction, procedure, penalties and any non-obstante clause or exclusion must be considered under the applicable special law.
- Service offences remain governed by relevant legislation: Military law may provide distinct offences, forums and disciplinary mechanisms.
- Temporal application matters: The date of the alleged act and the relevant repeal and saving provisions determine which penal enactment applies.
Repeal of the IPC and pending matters
Section 358 BNS repeals the IPC and includes saving provisions. The repeal does not automatically extinguish liabilities, penalties, investigations or legal proceedings arising under the former law. The General Clauses Act, 1897, including Section 6 where applicable, is also relevant to the legal consequences of repeal. For conduct on or after 1 July 2024, the BNS generally supplies the corresponding substantive criminal law, subject to applicable enactments and exceptions.
Illustrative example
If a person subject to military service law is alleged to have deserted, the applicable service enactment may govern the offence and disciplinary process. The existence of general criminal provisions does not, by itself, repeal or supersede that service law. The facts, statutory definitions and jurisdictional provisions remain decisive.
Official statutory sources
- Bharatiya Nyaya Sanhita, 2023 - official Act text (India Code)
- India Code - central legislation, including the Indian Penal Code and military service Acts
- e-Gazette of India - commencement notifications and amendments
Frequently asked questions
Is Section 5 IPC still in force?
The IPC was repealed with effect from 1 July 2024, subject to savings. For current BNS law, the corresponding rule is in Section 1(6).
Does Section 5 IPC exempt military personnel from criminal law?
No. It preserves the operation of specified military laws and other special or local laws; it does not grant a blanket immunity from prosecution.
Can a special law operate alongside the BNS?
Yes, subject to the terms of the special law and applicable principles governing overlapping statutes, procedure and offences.
Updated: 28 October 2026. This article provides general legal information, not advice on a particular case. Consult the current statutory text and applicable notifications.