Section 2 IPC: Punishment of offences committed within India

Indian Penal Code, 1860

Section 2 IPC at a Glance

Section 2 IPC deals with punishment of offences committed within India. From 1 July 2024 it is replaced by Section 1(3) BNS.

Punishment

None. Section 2 IPC creates no offence.

BNS Equivalent

Section 1(3) →

Section 2 IPC Bare Act Text

2. Punishment of offences committed within India

Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

Source: Section 2, Indian Penal Code, 1860

Section 2 IPC in Simple Words

Section 2 of the Indian Penal Code (IPC) establishes that every person is liable to punishment under the Code, and not otherwise, for every act or omission contrary to its provisions of which he is guilty within India. The phrase every person embraces both Indian citizens and foreign nationals.

Section 2 IPC is a foundational jurisdictional provision that defines 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 2 IPC

  • Every person, whether an Indian citizen or a foreign national
  • An act or omission contrary to the provisions of the Code
  • The person is guilty of the act or omission within Indian territory
  • Liability to punishment under the Code and not otherwise

Punishment Under Section 2 IPC

Imprisonment

None. Section 2 IPC creates no offence.

Fine

None. Section 2 IPC creates no offence.

Section 2 IPC determines territorial jurisdiction over offences committed within India. It defines no offence and has no entry in the First Schedule to the CrPC.

Example of Section 2 IPC

In 2019, Devraj, a merchant living in Bhopal, intentionally struck his neighbour Pranav with a wooden staff during an argument over a boundary wall, causing a fracture to Pranav's arm. Voluntarily causing grievous hurt was an act contrary to the provisions of the Indian Penal Code. Because Devraj committed the unlawful act within the territory of India, he was subject to criminal liability under the Code and not otherwise by virtue of Section 2 IPC.

When Section 2 IPC Does Not Apply

  • Section 2 IPC does not apply where the wrongful act or omission takes place entirely outside the territorial boundaries of India.
  • Section 2 IPC does not apply when a person's conduct within India does not contravene any provision of the Indian Penal Code.
  • Section 2 IPC does not affect offences regulated exclusively by a special or local statute preserved under the saving clause of the Code.
  • Section 2 IPC does not by itself create a standalone criminal offence or specify any sentence.

Section 2 IPC in the BNS

Section 2 IPC is now covered under Section 1(3) BNS.

Section 2 IPC corresponds to Section 1(3) BNS. Section 1(3) BNS preserves the substance and language of Section 2 IPC, substituting this Sanhita for this Code. The provision continues to establish the fundamental rule of territorial criminal liability for any act or omission committed within India.

View detailed comparison (IPC 2 vs BNS 1(3)) →

FAQs on Section 2 IPC

What does Section 2 IPC say?▼

Section 2 IPC provides that every person shall be liable to punishment under the Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

Does Section 2 IPC apply to foreign nationals?▼

Section 2 IPC applies to every person within India regardless of citizenship, so a foreign national who commits an offence within Indian territory is punishable under the Code.

Does Section 2 IPC define an offence or prescribe punishment?▼

Section 2 IPC defines no offence and prescribes no punishment. It establishes the principle of territorial jurisdiction, leaving specific offences and penalties to other sections.

Is Section 2 IPC bailable or cognizable?▼

Section 2 IPC has no entry in the First Schedule to the CrPC because it creates no offence. Bail status and cognizance depend entirely on the specific penal section charged.

Can proceedings be compounded under Section 2 IPC?▼

Section 2 IPC is not compoundable under Section 320 CrPC because it creates no offence.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 2 IPC?▼

Section 1(3) BNS corresponds to Section 2 IPC, retaining the same territorial rule under the new Sanhita.

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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 ·