"Legally bound to do"
Section 43 of the Indian Penal Code, 1860 deals with "Legally bound to do". "Illegal". "Legally bound to do".--The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
"Illegal". "Legally bound to do".--The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be "legally bound to do" whatever it is illegal in him to omit.
Section 43, 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 The repealed enactment still governs what happened while it was in force.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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Rashmi Srivastav vs State
Court's Decision & Legal Precedent
When a complainant's information is laid with the police but no action is taken, the complainant must approach the concerned Magistrate under Section 190 read with Section 200 CrPC rather than seeking writ jurisdiction from the High Court. The High Court cannot exercise writ jurisdiction to direct police to register an FIR; this is the exclusive domain of the Magistrate who can enquire into the complaint and direct investigation if prima facie case is established.
On this section: Alleged offence related to criminal intimidation, cited as basis for FIR registration sought by petitioner
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Maya Devi vs The State (govt. of Nct of Del
Court's Decision & Legal Precedent
The High Court has the discretionary power under Article 226 of the Constitution of India to quash an FIR when the parties have amicably settled their disputes, the incident is of a trivial nature, and the original complainant no longer wishes to pursue criminal proceedings, particularly in cases involving neighbors and women where the continuation of criminal proceedings would be contrary to the interests of justice and social harmony.
On this section: Charge related to criminal intimidation or threat
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 43
What have the courts held on Section 43 of the Indian Penal Code?
Rashmi Srivastav vs State (17 Oct 2006) is the leading judgment on this section among those set out below: Alleged offence related to criminal intimidation, cited as basis for FIR registration sought by petitioner. Another 1 judgment on this section is set out below. They run from 2003 to 2006.
How do I find court cases under Section 43 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 43, section 43 IPC, section 43 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 Rashmi Srivastav vs State (17 Oct 2006).
What should I read with Section 43 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 43 of the Indian Penal Code come into force?
Section 43 of the Indian Penal Code, cited as IPC 43, 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.