IPC Section 10 - “Man”, “Woman”

The Indian Penal Code consists of a systematic legal framework for the definition of offenses and punishments. Any legal enactment can be said to be unfit unless the meaning of the terms employed within its provisions has been explicitly defined. Section 10 of the IPC defines "man" and "woman" to mean a male and female human being, respectively, of any age.

The understanding of Section 10 becomes important as different legal provisions under the IPC and these allied laws use the terms "man" and "woman" while defining rights, liabilities, and punishments.

Legal Provision

Section 10 of the IPC “Man”, “Woman” states:

The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.

Explanation

The IPC under Section 10, defines "man" and "woman" legally. The definition allows for any age, meaning children or adolescents are counted with the elderly as well. Hence, no matter what age-a boy or a man, a male is a man as per law. Conversely, a female is deemed a "woman" under IPC, no matter how young or how old she may be.

This provision insists that all protections and liabilities enshrined under IPC are to be universally applicable to all human beings, regardless of gender. Also, it takes away any sort of ambiguity regarding age limits in legal definitions, thus ensuring all-inclusive application. The need for clarity is essential for maintaining uniformity in the interpretation and implementation of law, which would benefit all age groups.

The IPC has been replaced by Bhartiya Nyay Sanhita (BNS) where Section 9 of the IPC corresponds to Sections 2(19) & 2(35) of the BNS.

Key Elements

The key elements are:

Definition of "Man"

The term "man" legally encompasses any male human, irrespective of age, spanning from infancy to elderly adulthood. This definition ensures that all male individuals, regardless of their stage of life, are subject to the same legal considerations.

Definition of "Woman"

In law, the term woman applies to all female human beings regardless of age. This definition thus includes girls, adult women, and elderly females, thereby extending to all stages of life comprehensive legal protection.

Legal Implications

This legal definition assures the universal applicability of gender-specific provisions irrespective of the age factor. It gives definition and interpretation to these two words so that if such provisions cover specific acts, those relevant laws should apply to everyone, thus ensuring an age-neutral application.

Key Details

Case Laws

A few case laws are:

State of Punjab v. Gurmit Singh

Here, the Supreme Court examined the definition of the term "person" under Section 9 of the Indian Penal Code in this judgment. The case in question had to do with the sexual assault of a minor, and the court observed that by "man" in Section 10, the intention was to include every individual without any age bar including children. The ruling established that children are "persons" in the eye of the law as defined under the IPC to be protected against persons committing crimes against them. The judgment, therefore, reaffirmed the term as being inclusive under the law and made a strong provision for the vulnerable.

Priya Patel v. State of M.P.

In this case, the Supreme Court focused on the issue of whether a woman could be prosecuted for conspiracy of gang rape within the meaning of Section 376(2)(g) of the Indian Penal Code (IPC). The court distinguished that, following Section 375 of the IPC, which defines the offense of rape, a male alone can rape. Therefore, a woman is not liable for murder under the definition of the offense of rape. Even though Section 376(2)(g) pertains to the topic of gang rape, its explanation concerning common intention does not apply to women as persons capable of committing that kind of crime. It emphasized that under the IPC, common intention-as far as rape is concerned-cannot be attributed to a woman. The court, however, left the option of prosecuting a woman for the abetment of the rape open.

Conclusion

Section 10 of the IPC is crucial for defining the terms "man" and "woman" to ensure that the law works in its provisions referring to these terms, no matter what the age. This provision helps in interpreting through different sections of the IPC regarding gender-specific crimes to make the requisite interpretation easy and just for various judicial processes.

FAQs

A few FAQs are:

1. What does Section 10 of IPC define?

Section 10 of the IPC defines "man" as a male human being of any age and "woman" as a female human being of any age.

2. Why is Section 10 of IPC important?

It clarifies that gender-based legal provisions in the IPC apply to individuals of all ages, ensuring consistency in legal interpretation.

3. Does Section 10 of IPC affect gender-based laws?

Yes, it provides the foundation for interpreting laws related to gender-specific offenses, such as rape, sexual harassment, and domestic violence.

4. Can a woman be prosecuted under gender-based IPC laws?

While some offenses specifically apply to men or women, Section 10 helps in distinguishing when gender-neutral or gender-specific laws should be applied.