IPC Section - 43 “Illegal”, “Legally Bound To Do”

In criminal law, words matter. Whether an act is punishable or not often depends on subtle distinctions, like whether someone was legally bound to act or whether something was done illegally. IPC Section 43 [Now replaced by BNS Section 2(15)] defines these two foundational terms: “illegal” and “legally bound to do,” both of which are essential in determining criminal liability in many sections of the Indian Penal Code.

In this blog, we’ll explore:

• The legal definition and simplified meaning of IPC Section 43
• How the terms "illegal" and "legally bound to do" impact criminal cases
• Practical examples to illustrate these concepts
• Key IPC sections that rely on this definition
• Relevance in real-world scenarios like public duty and misuse of authority
• Landmark case laws interpreting Section 43

What Is IPC Section 43?

Legal Definition:

“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.”

Simplified Explanation:

In simple terms, “illegal” means anything:

• That is a criminal offence,
• That the law prohibits (even if not criminal), or
• That can be the basis of a lawsuit (civil wrong).

And a person is “legally bound to do” something if not doing it would itself be considered illegal.

This section sets the groundwork for determining whether an omission (failure to act) can be criminalized. For example, if a public servant does not report a crime they are duty-bound to report, their inaction may be illegal.

Why Is IPC Section 43 Important?

Section 43 helps courts decide:

• Whether someone's action (or inaction) violated legal obligations
• Whether a behaviour qualifies as “illegal” for the purpose of punishment under various IPC provisions
• How to handle omissions, which are otherwise harder to prosecute than overt acts

It gives meaning and context to several other IPC sections, including those related to public servants, abetment, and breach of trust.

Examples Illustrating IPC Section 43

Example 1: Illegal Construction

A builder puts up a building without obtaining the required municipal permissions. Even if no criminal law is immediately broken, the act is still illegal under local bylaws and may lead to demolition or a penalty.

Example 2: Police Officer Fails to Report Crime

A police officer witnesses a theft but does not take any action or file a report. Since the law requires him to act, his omission is illegal, and under IPC Section 43, he was legally bound to act.

Example 3: Employer Not Paying Wages

An employer withholds wages without justification. This act may not be an IPC offence, but it is illegal under labour laws and gives rise to a civil action, thus covered under “illegal” in IPC 43.

IPC Sections That Depend On Section 43

Section 43 provides clarity to several sections of the IPC that refer to “illegal acts” or “legal obligations.” These include:

• Section 52 – Definition of “good faith”
• Section 107 – Abetment of an offence
• Section 124 – Assaulting the President or Governor while they are legally bound to act
• Section 176 – Omission to give notice or information to a public authority
• Section 202 – Intentional omission to give information of offence

Without Section 43, these provisions would be vague and harder to interpret.

Judicial Interpretation Of IPC Section 43

To understand how courts have interpreted “illegal” and “legally bound to do,” here are some important judgments:

1. Ajay Murlidhar Batheja vs The State Of Maharashtra And Anr 2018

Facts:
The case involved allegations of unauthorized access to computer systems and electronic data, along with cheating and criminal conspiracy under IPC Sections 420, 34, and IT Act Sections 43, 65, 66. The accused were alleged to have caused damage to computer systems and data.

Held:
In the case of Ajay Murlidhar Batheja vs The State Of Maharashtra And Anr, 2018 court considered the provisions under Section 43 of the IT Act, which prescribes a penalty and compensation for damage to computers or computer systems. The court observed that unauthorized access and causing damage to computer systems are offenses under the IT Act and can be prosecuted alongside IPC offenses if the acts involve dishonesty or fraud.

2. Gagan Harsh Sharma And Anr vs The State Of Maharashtra And Anr,2018

Facts:
The accused were charged under IPC Sections 408 (criminal breach of trust by clerk or servant), 420 (cheating and dishonestly inducing delivery of property), and IT Act Sections 43, 65, 66. The allegations involved unauthorized access and manipulation of electronic data.

Held:
In the case of Gagan Harsh Sharma and Anr vs The State Of Maharashtra And Anr,2018, the court noted that Section 43 of the IT Act is attracted when a person without permission accesses or causes damage to a computer, computer system, or computer network. The court held that the accused could be prosecuted under both the IPC and the IT Act if their actions involved unauthorized access and damage to electronic data.

3. Jaydeep Madhukar Wakankar vs The State Of Andhra Pradesh,2022

Facts:
The case involved charges under IT Act Sections 43, 65, 66, 66B, 66D, and IPC Section 204 (destruction of document to prevent its production as evidence). The allegations included unauthorized access to computer systems and tampering with electronic data.

Held:
In the case of Jaydeep Madhukar Wakankar vs The State Of Andhra Pradesh,2022 court observed that Section 43 of the IT Act is applicable when a person causes damage to a computer system without permission. The court held that the accused could be prosecuted under these sections for unauthorized access and damage to electronic data, and the IT Act provisions are in addition to, not in substitution for, the IPC provisions.

Conclusion

IPC Section 43 defines the core principles of what the law considers illegal and when a person is legally obligated to act. These definitions are essential for interpreting many other sections of the IPC that rely on legality and duty. Whether it’s a civil wrong, a regulatory breach, or a public duty neglected, this section helps courts decide when inaction can carry criminal weight.

In modern times, where statutory duties and overlapping laws are the norm, Section 43 is more relevant than ever. It ensures that people and institutions can’t escape liability by exploiting grey areas of omission or procedural violations. This foundational clause keeps the justice system precise, fair, and responsive to evolving legal duties.