25
CAP. 224
Penal Code
2008 Ed.
CHAPTER II
GENERAL EXPLANATIONS
Definitions in this Code to be understood subject to exceptions
6. 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 7 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 7 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”.
[Indian PC 1860, s. 6]
Expression once explained is used in the same sense throughout
this Code
7. Every expression which is explained in any part of this Code is
used in every part of this Code in conformity with the explanation.
[Indian PC 1860, s. 7]
“Gender”
8. The pronoun “he” and its derivatives are used of any person,
whether male or female.
[Indian PC 1860, s. 8]
Informal Consolidation – version in force from 1/4/2015