"Act". "Omission"
Section 33 of the Indian Penal Code, 1860 deals with "Act". "Omission". The word "act" denotes as well as series of acts as a single act: the word "omission" denotes as well a series of omissions as a single omission. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
The word "act" denotes as well as series of acts as a single act: the word "omission" denotes as well a series of omissions as a single omission.
Section 33, 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 The repealed enactment still governs what happened while it was in force.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.
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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Senthil & Etc vs State Rep. Insp. of Police
Court's Decision & Legal Precedent
When an assault is committed with blunt weapons (or blunt side of weapons that could have been used sharply), and the deceased dies after a time lapse, and medical evidence shows injuries consistent with blunt weapon use, the criminal act amounts to culpable homicide not amounting to murder under Section 304 Part-I IPC read with Section 34 IPC, not murder under Section 302 IPC, because such facts indicate that the accused had knowledge that their act would cause death but did not have the specific intention to cause death. The distinction between intention to cause death (Section 302) and knowledge of likelihood of death (Section 304 Part-I) is crucial; use of blunt instead of sharp weapons, when both were available, evidences lack of intention to cause death.
On this section: Definition of 'act' including series of acts; cited to explain application of Section 34
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Selvam vs State of T. Nadu Tr. Insp. of Police
Court's Decision & Legal Precedent
When an assault with blunt weapons results in injuries to vital parts (head) causing death, but the medical evidence shows contusions rather than incised wounds and the death occurs several days after the assault, the accused should be convicted under Section 304 Part-I IPC (Culpable Homicide not amounting to Murder) read with Section 34 IPC rather than Section 302 IPC (Murder), as such circumstances indicate the accused had intention to cause bodily injury likely to cause death but lacked the specific intention to cause death required for murder conviction.
On this section: Definition of 'Act' - Cited to establish that a series of acts can constitute a single act for purposes of criminal liability under Section 34
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 33
What have the courts held on Section 33 of the Indian Penal Code?
Senthil & Etc vs State Rep. Insp. of Police (16 Oct 2012) is the leading judgment on this section among those set out below: Definition of 'act' including series of acts; cited to explain application of Section 34. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 33 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 33, section 33 IPC, section 33 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Senthil & Etc vs State Rep. Insp. of Police (16 Oct 2012).
What should I read with Section 33 of the Indian Penal Code, and has it changed?
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 33 of the Indian Penal Code come into force?
Section 33 of the Indian Penal Code, cited as IPC 33, 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.