Section 17 IPC - Government

Section 17 of the Indian Penal Code, 1860 defined the word "Government" for the purposes of the Code. This article explains the provision as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Section 17 IPC - "Government"

The word "Government" denotes the Central Government or the Government of a State.

Meaning of Government under Section 17 IPC

Section 17 was a definition provision in Chapter II of the Indian Penal Code. For the purposes of the IPC, the expression "Government" denoted either the Central Government or the Government of a State.

The provision did not create an offence and did not prescribe a punishment. Its role was interpretative. Where another IPC provision used the word "Government," Section 17 supplied the statutory meaning, subject to the context and other applicable provisions of the Code.

Central Government and State Government

The definition expressly covered both levels of government identified in the provision: the Central Government and the Government of a State. It therefore provided a concise Code-wide meaning for references to "Government" without requiring the expression to be separately defined in each substantive provision.

When applying Section 17, the definition had to be read with the particular IPC provision in which the expression appeared and with any other relevant statutory definition or qualification.

Section 17 is closely connected with Section 14 IPC - Servant of Government, which defined a servant of Government by reference to appointment or employment by or under governmental authority. Other related definition provisions include Section 18 IPC - India, Section 20 IPC - Court of Justice, and Section 21 IPC - Public Servant.

Historical Amendment Note

The source page records that Section 17 was substituted by the Adaptation of Laws Order, 1950. It also records that the words and letter "Part A" were later omitted by Act 3 of 1951, section 3 and the Schedule. These historical amendment references explain the artifacts visible in older reproductions of the provision; they are not part of the clean operative definition reproduced above.

Legal Position before Bharatiya Nyaya Sanhita 2023

Historical legal position: This article concerns Section 17 of the Indian Penal Code, 1860 as applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is maintained as an IPC reference for the earlier legal framework and matters in which the former law remains relevant.

Quick Summary

Under Section 17 IPC, "Government" meant the Central Government or the Government of a State. The section functioned as a general definition for the Indian Penal Code and was to be used when interpreting other IPC provisions containing the word "Government."