"Reason to believe"
Section 26 of the Indian Penal Code, 1860 deals with "Reason to believe". A person is said to have "reason to believe" a thing, if he has sufficient cause to believe that thing but not otherwise. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
A person is said to have "reason to believe" a thing, if he has sufficient cause to believe that thing but not otherwise.
Section 26, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 2 Definitions Close, with changes 70%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shatrughan Sahni vs The State of Bihar
Court's Decision & Legal Precedent
In cases involving firearm-related offenses under IPC Sections 25(1-B), 26, and 35, where an accused has been in custody for an extended period (over seven months), bail may be granted with appropriate sureties and bail bonds to ensure the accused's appearance in court and compliance with legal proceedings, balancing the seriousness of the charge with the principle against indefinite pre-trial detention.
On this section: Alleged offense related to firearm possession or handling; specific provision cited in the FIR against the petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 26
What have the courts held on Section 26 of the Indian Penal Code?
Shatrughan Sahni vs The State of Bihar (17 Jul 2012) is the leading judgment on this section among those set out below: Alleged offense related to firearm possession or handling; specific provision cited in the FIR against the petitioner.
How do I find court cases under Section 26 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 26, section 26 IPC, section 26 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shatrughan Sahni vs The State of Bihar (17 Jul 2012).
What should I read with Section 26 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 2 (Definitions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 26 of the Indian Penal Code come into force?
Section 26 of the Indian Penal Code, cited as IPC 26, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.