Certain laws not to be affected by this Act
Section 5 of the Indian Penal Code, 1860 deals with certain laws not to be affected by this Act. Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provision of any special or local law.] CHAPTER II GENERAL EXPLANATIONS CHAPTER II GENERAL EXPLANATIONS 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provision of any special or local law.]
CHAPTER II
GENERAL EXPLANATIONS
CHAPTER II
GENERAL EXPLANATIONS
Section 5, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 1 Short title, commencement and application Distant match 52%
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 The repealed enactment still governs what happened while it was in force.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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Ram Nath vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When an act or omission constitutes an offence under both the Food Safety and Standards Act, 2006 and Sections 272 and 273 of the Indian Penal Code, the provisions of the FSSA have overriding effect over the IPC provisions by virtue of Section 89 of the FSSA. Therefore, prosecution should proceed only under the FSSA, specifically Section 59, and not under the IPC provisions. The FSSA being comprehensive legislation with exhaustive substantive and procedural provisions for dealing with food safety offences, including more stringent punishments and specialized procedures, is the appropriate and exclusive remedy for food adulteration and unsafe food violations.
On this section: Cited by accused counsel to argue that special laws remain unaffected by IPC provisions
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The State of Tripura Home Department Chief Secretary vs Ramchandra Rabidas @ Ratan Rabidas
Court's Decision & Legal Precedent
A prosecution, if otherwise maintainable, would lie both under the Indian Penal Code and the Motor Vehicles Act, 1988, since both the statutes operate with full vigour in their own independent spheres. The offences provided under both the statutes are separate and distinct from each other, and an offender can be tried and punished independently under both statutes. The principle that the special law should prevail over the general law has no application in cases of prosecution of offenders in road accidents under the IPC and Motor Vehicles Act, as the offences do not overlap. Section 26 of the General Clauses Act, 1897 permits prosecution under either or both enactments but prevents double punishment for the same offence.
On this section: Certain laws not to be affected by this Act; does not prevent prosecution under special laws like Motor Vehicles Act
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Ram Nath vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When an act or omission constitutes an offence of food adulteration or dealing with unsafe food, the provisions of the Food Safety and Standards Act, 2006, specifically Section 59, will have overriding effect over Sections 272 and 273 of the Indian Penal Code by virtue of Section 89 of the FSSA. Therefore, prosecution for such offences must proceed under the FSSA framework rather than under the IPC, and simultaneous prosecution under both statutes is not permissible. The FSSA provides a comprehensive and exhaustive legislative framework for food safety with more stringent penalties and procedural safeguards than the IPC, and was enacted specifically to consolidate and replace the multiplicity of food-related laws that existed prior to its enactment.
On this section: Cited to argue that special laws remain unaffected by IPC provisions; Court noted this supports FSSA as special law overriding IPC
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Ram Nath vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When an act of food adulteration or dealing with unsafe food constitutes an offence under both Sections 272 and 273 of the Indian Penal Code and Section 59 of the Food Safety and Standards Act, 2006, the provisions of the FSSA shall have overriding effect by virtue of Section 89 of the FSSA. Therefore, prosecution must proceed exclusively under the FSSA regime, and there cannot be simultaneous prosecution under both the IPC and FSSA. The FSSA being comprehensive, exhaustive legislation consolidating all food-related laws with more stringent punishments and procedural safeguards, the IPC provisions are excluded from application in food safety matters covered by the FSSA.
On this section: Cited to argue that special laws remain unaffected by IPC provisions
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Ram Nath vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When an act or omission constitutes an offence of food adulteration under both Sections 272-273 of the Indian Penal Code and Section 59 of the Food Safety and Standards Act 2006, the provisions of the FSSA shall have overriding effect by virtue of Section 89 of FSSA. Consequently, there shall be no simultaneous prosecution under both statutes; the prosecution must proceed exclusively under the FSSA framework which provides more comprehensive and stringent provisions for dealing with unsafe food offences. The IPC provisions for food adulteration are superseded by the FSSA for all food safety matters covered by the FSSA.
On this section: Cited to argue that special laws remain unaffected by IPC provisions
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Sagi Venkata Raju vs Tahsildar
Court's Decision & Legal Precedent
An administrative authority conducting an enquiry under a specific statute possesses only those powers explicitly granted by that statute. Where the statute does not provide power to compel physical presence through threat of criminal prosecution, such threats in an administrative notice are illegal and without jurisdiction. However, an administrative enquiry can proceed based on written explanations and material available on record without requiring the physical presence of the person being enquired into.
On this section: The court considered the applicability of these provisions to the revenue enquiry and found them inapplicable.
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 5
What have the courts held on Section 5 of the Indian Penal Code?
Ram Nath vs The State of Uttar Pradesh (21 Feb 2024) is the leading judgment on this section among those set out below: Cited by accused counsel to argue that special laws remain unaffected by IPC provisions. Another 5 judgments on this section are set out below, 5 of them from the Supreme Court. They run from 2010 to 2024.
How do I find court cases under Section 5 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 5, section 5 IPC, section 5 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Ram Nath vs The State of Uttar Pradesh (21 Feb 2024).
What should I read with Section 5 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 1 (Short title, commencement and application), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 5 of the Indian Penal Code come into force?
Section 5 of the Indian Penal Code, cited as IPC 5, 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.