Sunday, June 4, 2023

Section 6 of Indian Penal Code

 Section 6 IPC specifically states that, “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.

Further, the Code also provides for some illustrations which help in better understanding the scope of IPC 6. These illustrations are as follows:

  1. 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.

  2. A, a police-officer, without a 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 the law to do it”. 

The explanation of  above-stated sec 6 IPC, itself states that every definition that defines the meaning, nature, scope of that offence, every that provision as mentioned that aims to penalise the person for the wrongful act committed by him and every illustration defining the offence with the help of examples shall be understood as exceptions as they are mentioned in the chapter “General Exceptions”. 

1 comment:

  1. nice.....please provide more information

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