IPC 8 vs BNS 8
● Modified in BNSGender Pronouns in IPC
Section 8 of the Indian Penal Code (IPC), 1860, provides a rule of interpretation regarding gender pronouns used in the Code. It states that the pronoun “he” is used for both males and females, and the word “him” or “his” should be interpreted in the same inclusive way unless there is a clear indication of a different intention.
The purpose of this section was to simplify the drafting of the IPC at the time of its creation. Since English legal drafting in the 19th century often used masculine pronouns as a general reference, Section 8 ensured that such usage would not be limited only to men but would also include women.
For instance, if an offence provision says “he shall be punished,” it equally applies to women. Thus, Section 8 prevents any gender bias in applying criminal law. However, it reflects the older style of legal language, where masculine words were assumed to cover all genders.
Though effective in ensuring inclusivity, Section 8 has been criticized for being outdated, as modern drafting emphasizes gender-neutral language. Yet, its role in interpretation has been significant in removing ambiguity in applying laws equally to men and women.
Gender-Neutral Language in BNS
Section 8 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the interpretation of gender pronouns in a more modern and gender-neutral way compared to IPC. It states that words referring to any gender should be taken to include all genders, unless there is something repugnant in the context.
Unlike IPC 8, which explicitly used “he” as a universal pronoun, BNS 8 avoids male-centric language and recognizes inclusivity from the outset. This aligns with contemporary drafting practices that prioritize equality and clarity in legal texts.
The significance of BNS 8 lies in ensuring that the law treats individuals equally, regardless of gender identity. For example, if an offence is defined in gendered terms, this section ensures it applies universally without discrimination. It also helps avoid interpretational issues in cases where women or other genders are involved in criminal proceedings.
This change reflects India’s move toward progressive and inclusive legal reforms. In today’s context, where gender equality and inclusivity are fundamental principles, BNS 8 stands as an improvement over IPC 8, making the law more aligned with modern constitutional values.
What changed?
The Bharatiya Nyaya Sanhita re-words or substantively revises this provision. Compare the two columns above to see the differences.