"Special law"
Section 41 of the Indian Penal Code, 1860 deals with "Special law". A "special law" is a law applicable to a particular subject. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 "special law" is a law applicable to a particular subject.
Section 41, 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 The repealed enactment still governs what happened while it was in force.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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STATE vs HARJINDER SINGH
Court's Decision & Legal Precedent
When the prosecution fails to present credible and sufficient evidence to prove the charges against the accused beyond reasonable doubt, the accused is entitled to acquittal and the benefit of doubt, regardless of the length of litigation or the seriousness of the charges.
On this section: Dacoity or criminal intimidation - The section addresses criminal intimidation by threat of injury. The court assessed whether this charge was substantiated by evidence.
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 41
What have the courts held on Section 41 of the Indian Penal Code?
STATE vs HARJINDER SINGH (26 Feb 2024) is the leading judgment on this section among those set out below: Dacoity or criminal intimidation - The section addresses criminal intimidation by threat of injury. The court assessed whether this charge was substantiated by evidence.
How do I find court cases under Section 41 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 41, section 41 IPC, section 41 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 STATE vs HARJINDER SINGH (26 Feb 2024).
What should I read with Section 41 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 41 of the Indian Penal Code come into force?
Section 41 of the Indian Penal Code, cited as IPC 41, 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.