IPC Section 6: Definitions in the Code to be understood subject to exceptions

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.

Illustrations:

(a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences, but the definitions are to be under­stood subject to the general exception which provides that noth­ing shall be an offence which is done by a child under seven years of age.
(b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z and there­fore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

IPC Section 6: Simplified Explanation

Section 6 of the IPC, titled “Definitions in the Code to be understood subject to exceptions”, plays a crucial role in interpreting the provisions within the Code. Essentially, this section clarifies that all the definitions and terminologies used in the IPC should be understood and applied within the context of the exceptions and qualifications provided elsewhere in the Code.

This means that when the IPC defines a term or action as an offence, this definition must be read along with any exceptions, conditions, or qualifications that might apply to that term or action as provided in other sections of the IPC. These exceptions and qualifications are essential because they can significantly alter the law’s applicability in specific situations, thereby affecting the determination of criminal liability.

For example, if a certain action is defined as a crime within the IPC, but another section provides an exception for that action under specific circumstances, then those circumstances need to be considered when determining if an offence has occurred. This approach allows the law to be applied more fairly and flexibly, taking into account the nuances of different situations.

In practice, Section 6 ensures that the legal definitions are not interpreted in isolation but in conjunction with the broader legal framework provided by the IPC, which includes various exceptions that could exempt an individual from criminal liability under specific circumstances. This holistic approach to interpretation helps in achieving justice by ensuring that all relevant legal provisions are considered together.

Leave a Comment

Your email address will not be published. Required fields are marked *