IPC Section 10 vs BNS Section 10 – Definition of Man and Woman
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 10
Definition of “Man” and “Woman”
About IPC Section
Section 10 of the Indian Penal Code (IPC), 1860, provides the definitions of the terms “man” and “woman.” According to this provision, “man” denotes a male human being of any age, while “woman” denotes a female human being of any age.
The section is significant because it clarifies that criminal law provisions apply not only to adults but also to minors. For instance, if a provision mentions “man,” it is not restricted to an adult male but also includes a male child. Similarly, “woman” covers females irrespective of whether they are infants, minors, or adults.
This definition ensures there is no ambiguity when applying criminal liability across different genders and age groups. For example, in cases of offences like kidnapping, assault, or sexual crimes, the applicability of law to a male or female of any age becomes clearer with this definition.
However, the section reflects the binary understanding of gender at the time it was drafted. It does not recognize transgender or non-binary persons, which is a limitation in today’s context where gender inclusivity and equality are emphasized in legal systems worldwide.
Section: BNS 10
Definition of “Man” and “Woman” under BNS
About BNS Section
Section 10 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the same definitions as IPC 10. It defines “man” as a male human being of any age and “woman” as a female human being of any age.
The purpose of this provision remains the same: to clarify that the law applies to males and females regardless of age, ensuring consistency in the application of criminal liability. For example, whether the offence concerns a male child or an adult man, the definition ensures both are covered under the word “man.” Similarly, “woman” includes all females, regardless of whether they are minors or adults.
This clarity avoids interpretational loopholes in offences where the gender of the victim or accused is significant. However, similar to IPC 10, BNS 10 also continues to adopt a binary definition of gender, without recognizing transgender or third-gender individuals explicitly.
While the BNS aims at modernization and inclusivity in several provisions, Section 10 largely mirrors IPC 10 without expansion. Thus, although the provision ensures clarity, it misses an opportunity to integrate broader gender inclusivity that reflects India’s evolving legal and constitutional recognition of diverse gender identities.