IPC Section 8: Gender - Meaning and BNS Section 2(10)
Section 8 of the Indian Penal Code, 1860 established that the pronoun "he" in the Code was not confined to men. The Bharatiya Nyaya Sanhita, 2023 now expressly includes transgender persons in its corresponding interpretive provision.
Original text of IPC Section 8 - Gender
The pronoun "he" and its derivatives are used of any person, whether male or female.
Meaning: Section 8 was an interpretation rule. When the IPC used "he" or related grammatical forms in a general provision, that wording was not restricted to male persons. It did not independently create an offence or prescribe a punishment.
Current provision: BNS Section 2(10) - Gender
"gender".—The pronoun "he" and its derivatives are used of any person, whether male, female or transgender.
Explanation.—"transgender" shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019).
The BNS provision expressly adds transgender persons to the interpretation rule and cross-refers to the statutory definition in the 2019 Act. See the Ministry of Home Affairs criminal laws page and the official BNS section text on the NCRB portal.
Meaning of transgender under the 2019 Act
Section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019 describes a transgender person as a person whose gender does not match the gender assigned at birth. The definition includes trans-man and trans-woman (whether or not such person has undergone sex reassignment surgery, hormone therapy, laser therapy or other therapy), a person with intersex variations, genderqueer persons, and persons having socio-cultural identities such as kinner, hijra, aravani and jogta.
For the full legislative framework, consult the India Code official legislation database and search for the Transgender Persons (Protection of Rights) Act, 2019.
IPC Section 8 and BNS Section 2(10): Comparison
| Point | IPC Section 8 | BNS Section 2(10) |
|---|---|---|
| Purpose | Interprets the pronoun "he" and derivatives | Interprets the same expressions |
| Persons expressly mentioned | Male and female | Male, female and transgender |
| Additional definition | No cross-reference to the 2019 Act | Express cross-reference to Section 2(k) of the 2019 Act |
| Application | Relevant to the IPC and saved matters | Current interpretive rule under the BNS |
How the gender interpretation rule operates
If a generally applicable criminal provision uses the pronoun "he", the pronoun alone does not restrict the provision to male persons. The particular offence, its elements and any specifically worded limitations must still be read carefully. A general interpretation rule does not override a provision that expressly defines a specific category of victim or accused person.
For example, a generally worded offence describing what "he" does may apply irrespective of gender when all statutory elements are established. By contrast, a provision expressly referring to a "woman" or another defined class must be construed according to its specific wording and the relevant statutory definitions.
Does IPC Section 8 still matter after 1 July 2024?
Yes, in an appropriate historical or transitional case. Section 358 of the BNS contains repeal and saving provisions concerning the IPC. The date of the alleged act, the applicable substantive law, and any pending proceedings must be examined before determining which law governs. The repeal does not automatically erase liabilities arising under the former law.
Frequently asked questions
What is IPC Section 8?
It is the former IPC rule stating that the pronoun "he" and its derivatives refer to persons whether male or female.
What is the corresponding BNS section?
Section 2(10) of the Bharatiya Nyaya Sanhita, 2023, which expressly mentions male, female and transgender persons.
Does BNS Section 2(10) itself prescribe punishment?
No. It is a definition and interpretation provision, not a separate offence or punishment.
Does gender-inclusive language mean every offence has identical requirements?
No. Each offence must be read with its own elements, specific definitions and applicable exceptions.
Official legal sources
- Ministry of Home Affairs - New Criminal Laws
- National Crime Records Bureau - Bharatiya Nyaya Sanhita text
- India Code - Central Acts and legislation
This article provides general legal information, not advice for a particular case. Check the authoritative statutory text and subsequent amendments for any legal proceeding.