IPC Section 32 vs BNS Section 32 – Words Referring to Acts Include Illegal Omissions
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 32
Words Referring to Acts Include Illegal Omissions
About IPC Section
Section 32 of the Indian Penal Code (IPC), 1860, lays down an important interpretative rule: whenever the law uses the term “act,” it also includes illegal omissions. In simple terms, this means that criminal liability may arise not only from doing something unlawful but also from failing to do something that a person is legally bound to do.
For example, if a public servant deliberately omits to record information they are duty-bound to maintain, it is treated as an illegal omission. Similarly, a person failing to provide food or medical care to a dependent, when legally obliged, can be held liable under this principle.
The significance of IPC 32 is that it prevents individuals from escaping liability by remaining inactive when the law requires action. Criminal law does not only punish wrongful acts but also penalizes willful neglect of legal duties. This section ensures that omissions carrying wrongful consequences are treated with the same seriousness as wrongful acts.
Thus, IPC 32 strengthens accountability by clarifying that criminal responsibility extends to both actions and omissions, ensuring that justice is not denied simply because an offender chose not to act.
Section: BNS 32
Words Referring to Acts Include Illegal Omissions (Retained)
About BNS Section
Section 32 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the interpretative rule of IPC 32, with only minor updates in drafting style. It confirms that the expression “act” includes not only actions but also illegal omissions.
The principle continues to be essential in modern criminal law because many offenses involve not just unlawful acts but also failures to perform legal duties. For instance, doctors, guardians, or public servants may face liability if they willfully omit duties that they are bound by law to perform. The section ensures that omissions causing harm, loss, or injustice do not go unpunished.
By keeping this provision unchanged in essence, the BNS preserves continuity with established judicial interpretations. The updated wording makes the section easier to understand but retains the same scope. The emphasis remains that omissions can be as serious as wrongful acts when they result in legal violations.
Thus, BNS Section 32 continues the fundamental rule that both unlawful actions and unlawful omissions attract criminal liability. This ensures fairness, accountability, and uniform application of the law in protecting individuals and society from harm caused by inaction as well as wrongful acts.