Indian Penal Code, 1860 | Chapter II - General Explanations | Pre-BNS legal position

Section 7 IPC - Sense of Expression Once Explained

Section 7 of the Indian Penal Code, 1860 laid down a rule of consistent interpretation: when the IPC explains an expression, that expression is to be understood throughout the Code in conformity with that explanation.

Scope of this article: This page explains the law under the Indian Penal Code, 1860 as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force. It is intended as a reference for the pre-BNS legal position and matters governed by the IPC.

Text of Section 7 IPC

Section 7 - Sense of expression once explained

Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.

Meaning and Purpose of Section 7 IPC

Section 7 was an interpretative provision in Chapter II of the IPC. Its function was to ensure consistency in the meaning of expressions used throughout the Code. Where the IPC itself explains or defines an expression, the reader is not required to treat that expression as having a new or independent meaning each time it appears in another provision.

In practical terms, a definition or explanation supplied by the IPC travels with the expression when it is used elsewhere in the Code. This promotes uniform interpretation and avoids unnecessary repetition of the same definition in every offence or penal provision.

Section 7 did not itself create an offence, prescribe a punishment or establish a separate defence. It supplied a general rule for reading the other provisions of the IPC.

Examples of Expressions Defined or Explained in the IPC

The operation of Section 7 can be understood by reading it with the definitions and explanations contained elsewhere in Chapter II. Examples include:

Section 11 - PersonThe IPC definition includes a company, association or body of persons, whether incorporated or not.
Section 21 - Public servantSection 21 specifies the categories of persons treated as public servants for the purposes of the IPC.
Section 24 - DishonestlyAn act is done dishonestly when it is done with the intention of causing wrongful gain to one person or wrongful loss to another person.
Section 25 - FraudulentlyA person is said to do a thing fraudulently if it is done with intent to defraud, but not otherwise.
Section 29 - DocumentSection 29 explains the expression "document" for the purposes of the IPC.
Section 52 - Good faithNothing is said to be done or believed in good faith if it is done or believed without due care and attention.

Accordingly, where these expressions occur in substantive IPC provisions, their meaning is ordinarily drawn from the explanations and definitions supplied by the Code itself. Section 7 provides the connecting interpretative rule.

Legal Effect of Section 7

Consistent meaning: An expression explained in one part of the IPC is to be read elsewhere in conformity with that explanation.

Code-wide operation: The rule is not confined to the section in which the expression happens to be explained.

Interpretative provision: Section 7 assists in construing offences, defences and other penal provisions; it is not an independent penal offence.

Read with Chapter II: The provision is particularly relevant when applying the definitions and general explanations contained in Chapter II of the IPC.

Relationship with Section 6 IPC

Section 6 IPC provided that every definition of an offence, penal provision and illustration must be understood subject to the General Exceptions even when those exceptions are not repeated. Section 7 served a different but complementary interpretative function by requiring expressions explained in the Code to be used consistently throughout it.

For the surrounding general explanations, see Section 6 IPC - Definitions subject to exceptions, Section 8 IPC - Gender, Section 9 IPC - Number, Section 10 IPC - Man and Woman, Section 11 IPC - Person and Section 12 IPC - Public.

This article describes the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. For a current matter, the applicable enactment and relevant saving or transitional provisions should be checked with reference to the date and facts of the case.