IPC Section 9 vs BNS Section 9 – Gender and Number in Legal Interpretation
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 9
Gender and Number Interpretation
About IPC Section
Section 9 of the Indian Penal Code (IPC), 1860, provides interpretational guidance regarding gender and number in legal texts. It states that unless a contrary intention appears, words importing the masculine gender shall be taken to include females, and words in the singular shall include the plural, and vice versa.
The purpose of this section is to remove ambiguity in the interpretation of provisions. For example, if a section refers to “a person,” it should be understood to cover multiple persons as well. Similarly, if the law uses “he” or “his,” it automatically applies to both men and women. This was particularly important in the 19th-century drafting style, which often used masculine and singular words by default.
This section ensures that the law is applied universally without being limited by grammatical constructions. Without Section 9, lawyers could exploit loopholes by arguing that a law applied only to men and not women, or only to one individual and not many.
Thus, IPC 9 provides flexibility and inclusiveness in interpretation. However, it still reflects the older style of drafting where masculine words dominated, requiring clarification to ensure gender inclusivity.
Section: BNS 9
Gender-Neutral Number Interpretation
About BNS Section
Section 9 of the Bharatiya Nyaya Sanhita (BNS), 2023, continues the principle of IPC 9 but with modernized and gender-neutral drafting. It states that words referring to one gender shall be taken to include all genders, and words in the singular shall include the plural, and vice versa, unless the context requires otherwise.
This provision makes interpretation of the BNS more inclusive and flexible. For instance, if a section refers to “any person,” it applies to all genders and to one or more persons, depending on the situation. This avoids the restrictive interpretations that could arise if grammatical meaning was applied strictly.
Compared to IPC 9, the BNS version eliminates male-centric language such as “masculine gender shall include feminine,” instead directly stating that terms include all genders. This aligns with constitutional principles of equality, inclusivity, and modern standards of legal drafting.
In today’s legal framework, where issues of gender neutrality and equality are crucial, BNS 9 ensures clarity and fairness. It not only continues the spirit of IPC 9 but also improves upon it by using inclusive language that reflects present-day values and avoids interpretational bias.