Section 8 IPC - Gender
Section 8 of the Indian Penal Code, 1860 was a rule of interpretation explaining how the masculine pronoun used throughout the Code was to be read. This article states the legal position under the IPC immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.
Text of Section 8 IPC
The pronoun "he" and its derivatives are used of any person, whether male or female.
Meaning of Section 8 IPC
Section 8 was an interpretative provision. Where the IPC used the pronoun "he" or a derivative of that pronoun, the expression was not restricted to a male person merely because masculine grammatical language was used. The Code expressly directed that such language was used of any person, whether male or female.
The section did not create an offence, prescribe a punishment or independently determine criminal liability. Its function was to guide the reading of other provisions of the IPC.
Relationship with other general explanations in the IPC
| Provision | Relevance |
|---|---|
| Section 7 IPC | An expression explained in any part of the Code was to be used throughout the Code in conformity with that explanation. |
| Section 8 IPC | Provided the IPC rule concerning the pronoun "he" and its derivatives. |
| Section 9 IPC | Unless the context indicated otherwise, words importing the singular included the plural and words importing the plural included the singular. |
| Section 10 IPC | Defined "man" as a male human being of any age and "woman" as a female human being of any age. |
| Section 11 IPC | Defined "person" to include a company or association or body of persons, whether incorporated or not. |
Scope and practical effect
The purpose of Section 8 was to prevent masculine grammatical wording in the IPC from being read, merely for that reason, as excluding females. It therefore operated as a general rule for construing provisions across the Code, subject to the wording and context of the particular provision.
Section 8 should be distinguished from Section 10. Section 8 dealt with the use of the pronoun "he" and its derivatives, whereas Section 10 separately defined the statutory expressions "man" and "woman".
This page explains Section 8 of the Indian Penal Code, 1860 as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is maintained for understanding the IPC framework and matters to which the former Code remains relevant under applicable repeal and saving provisions.