Section 11 IPC: Person - Definition under the Indian Penal Code 1860
Section 11 of the Indian Penal Code, 1860 explains the meaning of the word "person" for the purposes of the Code. The definition is inclusive and expressly extends beyond an individual human being to companies, associations and bodies of persons.
Section 11 IPC - Person
The word "person" includes any Company or Association or body of persons, whether incorporated or not.
Meaning and scope of Section 11 IPC
The use of the word "includes" makes Section 11 an inclusive definition. Accordingly, where the context permits, a reference to a "person" in the IPC is not confined to a natural person. It can also cover a company, an association, or a body of persons.
The words "whether incorporated or not" make clear that a body need not possess a separate incorporated legal status before it can fall within this definition. The provision therefore gives the expression "person" a broad meaning for applying provisions of the IPC, subject to the language, nature and context of the particular offence or provision.
Who is included within the term person?
- An individual or natural person, where the context so applies.
- A company.
- An association.
- A body of persons.
- An incorporated or unincorporated body of persons.
Why the definition is important
Section 11 is part of Chapter II of the IPC dealing with general explanations. Its function is interpretative: it helps determine the meaning of "person" wherever that expression is used in the Code. Whether criminal liability can actually attach to a company, association or other body in a particular case depends on the ingredients and context of the specific offence and the punishment prescribed by law.
Position before the Bharatiya Nyaya Sanhita, 2023
This page explains the legal position under the Indian Penal Code, 1860 immediately before the Bharatiya Nyaya Sanhita, 2023 came into force. Section 11 IPC contained the above definition of "person". For offences and legal issues governed by the IPC regime, the applicable law must be considered with reference to the relevant date and the saving and repeal provisions.
Related IPC definitions
Section 11 should be read with the other general explanations in Chapter II, including Section 10 - Man and Woman and Section 12 - Public. These provisions define recurring expressions used throughout the Indian Penal Code.