IPC Section 6 - Code Definitions Understood With Exceptions

The Indian Penal Code stands as the foundation stone of criminal law in India. Every section of the IPC plays a crucial role in defining the offences and the legal implications of such offences. Section 6, therefore, provides an essential interpretative framework whereby the definition of all offences, the penal provisions, and the relevant illustrations must be read in conjunction with the General Exceptions laid down in the IPC. Because this allows for the interpretation of law in a manner that is fair and equitable, taking into consideration the various situations which may exempt different individuals from guilt.

Legal Provision

Section 6 of the IPC ‘Code Definitions Understood With Exceptions’ states:

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”.

Explanation Of Section 6 of IPC

Section 6 of the IPC states that every offence defined in the Code and its corresponding penal provisions is subject to exceptions enumerated in the chapter on General Exceptions. Implicitly and otherwise, even exceptions not expressly stated in a definition or a penal provision apply to such offences. This therefore ensures that the law is not unyielding but flexible enough to cater to the different instances where an act need not be viewed as an offence. Section 6 of the IPC has been replaced by BNS Section 3(1).

Key Elements Of Section 6

1. Applicability to All Offences: Every offence defined in the IPC is understood in light of General Exceptions.
2. Inclusivity of Penal Provisions and Illustrations: Not just offence definitions, but also penal provisions and illustrations, are subject to exceptions.
3. Implied Application: Even if an exception is not explicitly stated in the penal provision, it is automatically applicable.
4. Ensuring Justice and Fair Play: The provision ensures that a person is not wrongfully punished if their act falls under a valid exception.

Key Details Of Section 6

Case Laws

A landmark case law is:

State of Maharashtra v. Nanded Parbhani Zilla Krishi & Others

Here, the High Court of Bombay dealt with the issue of the authority of the police to seize vehicles under the provisions of the Motor Vehicle Act. While the court held that carrying extra passengers is contrary to the conditions of the permit, it nevertheless held that this did not authorize police seizure. This ruling clarified the ambit of police powers in enforcing the permit conditions, stating that seizure must be justified in law and cannot be made solely on the basis of permit violations.

Conclusion

An important provision found in Section 6 of the IPC covers all offences and penal provisions in light of the General Exceptions. It serves to protect wrongful convictions, as it takes into account all conditions to exempt persons from liability. Thus, maintaining the fairness and justice of a legal system applies the law with altogether consideration for exceptions.

FAQs

A few FAQs are:

1. What is Section 6 of the IPC?

Section 6 states that every offence and penal provision under the IPC must be understood subject to the General Exceptions, even if those exceptions are not explicitly mentioned.

2. Why is Section 6 of IPC important?

It ensures that legal provisions are applied fairly, considering valid exceptions that may exempt individuals from liability.

3. What are General Exceptions in IPC?

General Exceptions refer to provisions under which certain acts are not considered offences, such as acts done by children under seven years (Section 82) or acts done under legal compulsion (Section 76).

4. Can a child be held criminally liable under IPC?

No, as per Section 82 of IPC, a child below seven years of age cannot be held liable for any offence, as they lack the requisite mental capacity.