Section 31 IPC: “A will”

Indian Penal Code, 1860

Section 31 IPC at a Glance

Section 31 IPC defines the term “A will”. From 1 July 2024 it is replaced by Section 2(34) BNS.

Punishment

None. Section 31 IPC creates no offence.

BNS Equivalent

Section 2(34) →

Section 31 IPC Bare Act Text

31. “A will”

The words “a will” denote any testamentary document.

Source: Section 31, Indian Penal Code, 1860

Section 31 IPC in Simple Words

Section 31 of the Indian Penal Code (IPC) defines the words a will. They denote any testamentary document. The section creates no offence and sets no punishment; it fixes the meaning of words used in other sections.

Ingredients of Section 31 IPC

  • The words a will
  • Any testamentary document

Punishment Under Section 31 IPC

Imprisonment

None. Section 31 IPC creates no offence.

Fine

None.

Section 31 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 31 IPC

In 2020 in Mysuru, Savitri, an elderly orchard owner, drafted and signed a written instrument on parchment directing how her mango orchard and gold ornaments should be distributed to her grandson Nikhil after her death. She also added a signed codicil altering the bequest of the ornaments. Because both written instruments were testamentary documents expressing how her estate would pass upon her death, each instrument was a will within the meaning of Section 31 IPC.

When Section 31 IPC Does Not Apply

  • Section 31 IPC does not apply to a gift deed that transfers ownership of land immediately during the donor's lifetime because it is not a testamentary document.
  • Section 31 IPC does not apply to a commercial lease agreement between a landlord and a tenant because the document is not testamentary in nature.
  • Section 31 IPC does not apply to an oral instruction given by a dying person about dividing family goods because there is no testamentary document.

Section 31 IPC in the BNS

Section 31 IPC is now covered under Section 2(34) BNS.

Section 2(34) BNS carries the definition with small wording changes. It defines the word will in place of the words a will, says means where the IPC said denote, and drops the opening words The words. It is now a clause of the definitions section in place of a section of its own.

View detailed comparison (IPC 31 vs BNS 2(34)) →

FAQs on Section 31 IPC

What does Section 31 IPC define?▼

The words a will. They denote any testamentary document.

Under Section 31 IPC, does the section say what makes a document testamentary?▼

No. It uses the word testamentary and gives no further test.

Under Section 31 IPC, why does the Code define a will at all?▼

Because offences name it: Section 467 IPC on forging a document which purports to be a will, and Section 477 IPC on fraudulently cancelling, destroying or secreting one.

Does Section 31 IPC decide whether a will is valid?▼

No. It fixes a meaning for the Code only. Whether a will is valid is a question for the law of succession.

Does Section 31 IPC create an offence?▼

No. It fixes the meaning of the words and sets no punishment. The punishment comes from the section charged.

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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 ·