"Life"
Section 45 of the Indian Penal Code, 1860 deals with "Life". The word "life" denotes the life of a human being, unless the contrary appears from the context. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 "life" denotes the life of a human being, unless the contrary appears from the context.
Section 45, 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 The repealed enactment still governs what happened while it was in force.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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Duryodhan Rout vs State of Orissa
Court's Decision & Legal Precedent
When a person is convicted of multiple offences at one trial, including one offence for which the sentence is life imprisonment, the proviso to Sub-Section (2) of Section 31 of the Criminal Procedure Code, 1973, which limits aggregate imprisonment to 14 years, applies to prevent consecutive sentences. All sentences must run concurrently because life imprisonment means imprisonment for the entire remaining life of the convict, and the concept of consecutive sentences does not apply when one sentence is life imprisonment. The term 'imprisonment' in Section 31 CrPC includes life imprisonment as defined in the General Clauses Act, 1897, and life imprisonment is not equivalent to 14 years or 20 years but means imprisonment for the whole of the remaining period of the convict's natural life unless remitted by the appropriate Government.
On this section: Definition of 'life' - denotes the life of a human being unless contrary appears from context; applied to establish that life imprisonment means imprisonment for the entire life of the convict
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Duryodhan Rout vs State of Orissa
Court's Decision & Legal Precedent
When a person is convicted of multiple offences including one for which life imprisonment is the sentence, all sentences imposed under the Indian Penal Code must run concurrently rather than consecutively, because life imprisonment extends for the entire remaining span of the convicted person's natural life and is not confined to any definite period. The proviso to subsection (2) of Section 31 of the Criminal Procedure Code, which limits aggregate punishment to 14 years in cases of consecutive sentences, precludes the imposition of consecutive sentences when life imprisonment forms part of the conviction, as this would exceed the statutory limit. The term 'imprisonment' in Section 31 Cr.P.C includes life imprisonment, and life imprisonment means imprisonment for the full span of life unless commuted by the appropriate Government under Sections 55, 433, or 433A of Cr.P.C.
On this section: Definition of 'life' as the life of a human being; referenced to interpret life imprisonment as imprisonment for the entire remaining span of life
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State vs Saif Ali
Court's Decision & Legal Precedent
The provisions of Chapter VIII of the Indian Penal Code, specifically Sections 147, 148, and 149 IPC, can be applied to offences under special laws like the Wildlife Protection Act, but only to the extent that the underlying offence falls within the scope of the specific IPC provision. Section 149 IPC can be applied to wildlife protection violations when committed by an unlawful assembly because hunting protected animals constitutes 'mischief' under Section 425 IPC, which falls within Clause Thirdly of Section 141 IPC's definition of unlawful assembly. However, Section 147 IPC (rioting) cannot be applied to wildlife hunting because rioting requires use of criminal force on persons, not animals. The definition of 'offence' under Section 40 IPC extends to special laws when the offence is punishable with imprisonment of six months or more, and damage to wildlife constitutes loss to the public through ecological harm, thereby satisfying the mischief definition.
On this section: Definition of life - Court noted that life denotes life of a human being
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Dinesh vs State of Haryana
Court's Decision & Legal Precedent
When a High Court has already passed appropriate directions for the protection of a prisoner's life and liberty through video conferencing arrangements and standard jail security protocols, and no further incidents of threat have occurred despite the passage of considerable time, a subsequent petition seeking identical or similar relief on the same grounds constitutes an abuse of process and should be dismissed as no additional orders are required beyond what has already been directed.
On this section: Charges in FIR No. 124 dated 21.02.2021 - prison breach, rioting, disobedience to order, murder, voluntarily causing hurt, criminal intimidation, criminal conspiracy
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Deepak Chaudhary vs State Nct of Delhi
Court's Decision & Legal Precedent
While dishonour of each cheque constitutes a distinct offence and separate cause of action, Sections 219 and 220 of the Criminal Procedure Code provide exceptions to the general rule requiring separate trials. However, Section 219 CrPC restricts joint trial of offences of the same kind to a maximum of three offences committed within 12 months. Therefore, in cases involving more than three cheque dishonours, the trial court must club a maximum of three complaint cases for joint trial in accordance with Section 219 CrPC, and the remaining cases must be tried separately or in groups of three. Legislative amendment is required to allow joint trial of more than three cheque dishonour cases.
On this section: Referenced in Section 219 CrPC as the basis for determining when offences are of the same kind
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 45
What have the courts held on Section 45 of the Indian Penal Code?
Duryodhan Rout vs State of Orissa (01 Jul 2014) is the leading judgment on this section among those set out below: Definition of 'life' - denotes the life of a human being unless contrary appears from context; applied to establish that life imprisonment means imprisonment for the entire life of the convict. Another 4 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2012 to 2025.
How do I find court cases under Section 45 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 45, section 45 IPC, section 45 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Duryodhan Rout vs State of Orissa (01 Jul 2014).
What should I read with Section 45 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 45 of the Indian Penal Code come into force?
Section 45 of the Indian Penal Code, cited as IPC 45, 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.