IPC 50 and BNS 50 – Definition of Section in Criminal Law

Comparison
Same

Indian Penal Code (IPC)

VS.

Bhartiya Nyaya Sanhita (BNS)

Section: IPC 50

Definition of “Section”

About IPC Section

Section 50 of the Indian Penal Code (IPC), 1860, defines the term “section.” It states that the word “section” denotes one of those portions of a chapter of the Code which are distinguished by prefixed numeral figures.

This may look like a simple drafting clarification, but it serves a crucial purpose. The IPC is a detailed legislation divided into chapters and sections. Each section has its own independent provision of law, and cross-references to different sections are frequently made. Without such a definition, ambiguity could arise as to what constitutes a “section” when interpreting or applying the Code.

For example, when one provision states “punishable under section 302,” the definition ensures that the reference is strictly to that specific numbered provision within the IPC, not to a clause, part, or sub-provision. Section 50 thus reinforces clarity and precision in legislative drafting.

Though technical in nature, this provision plays a vital role in the interpretation of the IPC. It ensures that references to “sections” across the Code remain uniform and consistent.

Section: BNS 50

Definition of “Section”

About BNS Section

Section 50 of the Bharatiya Nyaya Sanhita (BNS), 2023, carries forward the same definition of “section” as in IPC 50. It provides that the word “section” means one of those portions of a chapter in the Sanhita which are distinguished by prefixed numeral figures.

The purpose of this section is identical — to provide clarity in referencing different portions of the Code. Since the BNS, like the IPC, is divided into chapters and sections, it is important to have a fixed meaning for the word “section.” This avoids confusion when cross-references are made within the Sanhita.

For instance, if BNS 103 refers to “punishment under section 302,” the reader can immediately identify that it refers to the exact provision numbered 302 in the Code, not to a sub-clause or explanatory note. Such certainty is vital in criminal law, where precision in interpretation affects punishments and procedural fairness.

Thus, BNS 50 continues the same drafting clarity that existed under IPC 50, maintaining consistency in legal language and interpretation.