The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit.
IPC Section 43: Simplified Explanation
IPC Section 43 of the Indian Penal Code (IPC) provides definitions for the terms “illegal” and “legally bound to do,” which are crucial for interpreting and understanding the scope of various provisions within the IPC. These definitions help determine what constitutes an offence and outline the obligations that may be considered within the ambit of legal duty.
Definition of “Illegal”
The text of Section 43 IPC regarding “Illegal” is as follows: “The word ‘illegal’ applies to everything that is an offence, which is prohibited by law, or which furnishes ground for a civil action; and a person is said to do a thing illegally when he does it with the knowledge that it is illegal.”
Key Elements:
- Offence or Prohibited by Law: Anything that constitutes an offence or is explicitly prohibited by law falls under the “illegal.”
- Ground for Civil Action: Actions that may not be criminal but can still lead to civil litigation are also deemed “illegal.”
- Knowledge of Illegality: The definition emphasizes that an act is illegal if the person committing it knows it to be against the law.
Definition of “Legally Bound to Do”
The text of Section 43 IPC regarding “Legally Bound to Do” is as follows: “A person is said to be ‘legally bound to do’ whatever it is illegal in him to omit.”
Key Elements:
- Obligation Not to Omit: This part of the definition focuses on duties that, if omitted, would result in an illegal act. It underscores the presence of a legal obligation to perform or carry out specific actions.
Implications
- Scope of Legal and Illegal Actions: These definitions help delineate the scope of actions considered lawful and those deemed unlawful within the context of the IPC. Understanding what is “illegal” and when one is “legally bound to do” something is fundamental for interpreting the legality of actions in various situations.
- Basis for Criminal Liability: Clarifying these terms provides a basis for establishing criminal liability, particularly in determining whether an act was committed with knowledge of its illegality and whether a failure to act constitutes a breach of legal duty.
- Civil and Criminal Distinctions: By including actions that could lead to civil action under the “illegal” umbrella, the IPC acknowledges the overlap and distinctions between civil and criminal law, broadening the understanding of legal responsibilities and consequences.
