Section 12 IPC: “Public”

Indian Penal Code, 1860

Section 12 IPC at a Glance

Section 12 IPC defines the term “Public”. From 1 July 2024 it is replaced by Section 2(27) BNS.

Punishment

None. Section 12 IPC creates no offence.

BNS Equivalent

Section 2(27) →

Section 12 IPC Bare Act Text

12. “Public”

The word “public” includes any class of the public or any community.

Source: Section 12, Indian Penal Code, 1860

Section 12 IPC in Simple Words

Section 12 of the Indian Penal Code (IPC) defines the word public for the purposes of the Code. It provides that the word public includes any class of the public or any community.

Under this definition, where a penal provision protects the public or concerns public welfare, an injury or danger affecting a single class or distinct community satisfies the statutory requirement. Section 12 IPC is an interpretative definition that creates no offence and prescribes no punishment.

It has no entry in the First Schedule to the Code of Criminal Procedure, 1973, and compounding under Section 320 CrPC does not apply.

Ingredients of Section 12 IPC

  • The word public includes any class of the public
  • The word public includes any community

Punishment Under Section 12 IPC

Imprisonment

None. Section 12 IPC creates no offence.

Fine

None. Section 12 IPC creates no offence.

Section 12 IPC defines public and creates no offence. It has no entry in the First Schedule to the CrPC.

Example of Section 12 IPC

In 2017 in Mangaluru, Harish dumped quarry rubble across a coastal approach road and into a freshwater pond used by a traditional fishing community and by a distinct class of harbour workers. When proceedings were initiated under the Indian Penal Code for an act affecting the public, Harish argued that the blockage did not affect all citizens of the town. Because the word public included any class of the public or any community, both the class of harbour workers and the fishing community constituted the public within Section 12 IPC.

When Section 12 IPC Does Not Apply

  • Section 12 IPC does not apply where an act affects only an isolated individual and does not concern any class of the public or any community.
  • Section 12 IPC does not determine the meaning of the word public in a separate statute that supplies its own definition.
  • Section 12 IPC does not apply as a penal charge of its own because it is only a definition and creates no offence.

Section 12 IPC in the BNS

Section 12 IPC is now covered under Section 2(27) BNS.

Section 12 IPC corresponds to Section 2(27) BNS. Section 2(27) BNS retains the statutory definition verbatim, providing that public includes any class of the public or any community. The definition now sits as clause twenty-seven of the alphabetical definitions in Section 2(27) BNS.

View detailed comparison (IPC 12 vs BNS 2(27)) →

FAQs on Section 12 IPC

What does Section 12 IPC say?▼

Section 12 IPC provides that the word public includes any class of the public or any community.

Under Section 12 IPC, must the entire population of an area be affected to constitute the public?▼

The phrase any class of the public or any community ensures that a distinct group, section of people, or local neighbourhood is sufficient.

Under Section 12 IPC, does an injury to a single private person satisfy the definition of public?▼

Section 12 IPC requires an impact on a class of the public or a community, so injury to a solitary individual does not constitute injury to the public.

Does Section 12 IPC define an offence or prescribe punishment?▼

Section 12 IPC defines no offence and prescribes no punishment. It is a statutory definition applicable to other sections of the Code.

Is Section 12 IPC bailable or cognizable?▼

Section 12 IPC has no entry in the First Schedule to the CrPC because it creates no offence.

Can proceedings be compounded under Section 12 IPC?▼

Compounding under Section 320 CrPC does not apply to Section 12 IPC because it creates no offence.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·