Indian Penal Code 1860 | Section 6

IPC Section 6: Definitions Subject to General Exceptions

Section 6 of the Indian Penal Code, 1860 established that every offence definition, penal provision and illustration must be read subject to the Code's General Exceptions, even when the exception is not repeated in the individual section. The corresponding rule under current law is found in Section 3(1) of the Bharatiya Nyaya Sanhita, 2023.

Current law: The Bharatiya Nyaya Sanhita, 2023 (BNS) came into force on 1 July 2024, replacing the IPC prospectively, subject to repeal and saving provisions. IPC Section 6 remains relevant to earlier conduct and proceedings governed by the former law.

Text of Section 6 of the Indian Penal Code

Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions", though those exceptions are not repeated in such definition, penal provision, or illustration.

The provision operated as a rule of interpretation: a criminal prohibition could not be read in isolation from the statutory exceptions that qualified it.

Meaning and legal effect of IPC Section 6

The General Exceptions are statutory circumstances in which conduct that would otherwise appear to satisfy the elements of an offence is not treated as an offence. Under the IPC they were set out in Chapter IV (Sections 76 to 106). They include, subject to their precise conditions, acts done by persons bound by law, certain acts of children, accidents, and private defence.

Section 6 did not itself create a separate criminal offence or prescribe a punishment. It required courts to consider the relevant exception when applying substantive offences. Whether an exception is established depends on the facts, its statutory requirements and the applicable rules of evidence.

Original statutory illustrations explained

Illustration (a): Child under seven years

The IPC's offence definitions did not individually say that a child under seven cannot commit those offences. Nevertheless, IPC Section 82 provided that nothing is an offence when done by a child under seven years of age. Section 6 made that exception applicable throughout the Code.

Illustration (b): Police officer acting under legal duty

The IPC illustrated a police officer, A, arresting Z without a warrant after Z committed murder. A was not guilty of wrongful confinement where A was legally bound to apprehend Z. This depended on the legal duty and the lawful circumstances of the arrest; it did not grant blanket immunity for unlawful detention.

Corresponding provision under the Bharatiya Nyaya Sanhita, 2023

BNS Section 3(1), within the chapter on General Explanations, carries forward the principle that definitions of offences, penal provisions and illustrations are subject to the exceptions contained in the chapter entitled "General Exceptions", even where not expressly repeated.

The BNS places its General Exceptions in Chapter III (Sections 14 to 44). For example, Section 20 addresses acts of a child under seven years, while Section 14 concerns an act done by a person bound by law or mistakenly believing, in good faith due to a mistake of fact, that the person is bound by law.

IPC and BNS at a glance

  • Former interpretive rule: IPC Section 6.
  • Current corresponding rule: BNS Section 3(1).
  • Former general exceptions: IPC Sections 76 to 106.
  • Current general exceptions: BNS Sections 14 to 44.
  • Transition: BNS Section 358 contains repeal and saving provisions. The law applicable to an alleged offence must be assessed with reference to the date of conduct and relevant saving rules.

Constitutional protections, including Article 20(1) concerning retrospective criminal punishment, may also be relevant to transitional questions.

Frequently asked questions

Is IPC Section 6 still in force?

The IPC was repealed by the BNS with effect from 1 July 2024, subject to savings. IPC Section 6 can still matter when interpreting the IPC for conduct and legal consequences preserved under the saving provisions.

Does Section 6 provide punishment?

No. It is an interpretive provision requiring offence definitions and penalties to be read with the General Exceptions.

Does every accused person automatically receive a general exception?

No. Each exception has its own legal requirements, and its application depends on the evidence and circumstances.

Official statutory references

This article is for general legal information. Statutory amendments, commencement notifications and judicial decisions should be checked for the particular case.