Section 43 IPC: “Illegal”. “Legally bound to do”

Indian Penal Code, 1860

Section 43 IPC at a Glance

Section 43 IPC defines the term “Illegal”. “Legally bound to do”. From 1 July 2024 it is replaced by Section 2(15) BNS.

Punishment

None. Section 43 IPC creates no offence.

BNS Equivalent

Section 43 IPC Bare Act Text

43. “Illegal”. “Legally bound to do”
The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit.

Source: Section 43, Indian Penal Code, 1860

Section 43 IPC in Simple Words

Section 43 of the Indian Penal Code (IPC) defines two terms, illegal and legally bound to do. The word illegal is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action.

A person is said to be legally bound to do whatever it is illegal in him to omit. The section creates no offence and sets no punishment.

It fixes the meaning of terms used in other sections.

Ingredients of Section 43 IPC

The word illegal applies to everything which is an offence
Or which is prohibited by law
Or which furnishes ground for a civil action
A person is legally bound to do whatever it is illegal in him to omit

Punishment Under Section 43 IPC

Imprisonment

None. Section 43 IPC creates no offence.

Fine

None.

Section 43 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 43 IPC

In Mysuru in 2019, Meenakshi owned a textile shop near a canal. Forging a tax receipt was an offence, pouring chemical dye into the canal was prohibited by a municipal statute, and breaking her written supply contract with Anand furnished ground for a civil action, so each of those acts was illegal. Under a state labour law, omitting to keep a wage register for her weavers was also an offence and therefore illegal in her to omit. Because omitting to keep that register was illegal in her, Meenakshi was legally bound to maintain it under Section 43 IPC.

When Section 43 IPC Does Not Apply

An act is not illegal under Section 43 IPC when it is not an offence, is not forbidden by any law, and gives no basis for a civil suit.
A person is not legally bound to perform an act under Section 43 IPC when omitting to perform it is not illegal in that person.
Failing to honour a purely social or family promise falls outside Section 43 IPC when the omission commits no offence, breaks no law, and creates no civil claim.
Conduct that causes annoyance without being an offence, prohibited by law, or actionable in a civil court is not illegal within Section 43 IPC.

Section 43 IPC in the BNS

Section 43 IPC is now covered under Section 2(15) BNS.

Section 2(15) BNS carries both definitions in the same words. It is now clause 15 of the definitions section, with the two terms in lower case, in place of a section of its own.

View detailed comparison (IPC 43 vs BNS 2(15)) →

FAQs on Section 43 IPC

What does Section 43 IPC define?▼

Two terms, illegal and legally bound to do.

What is illegal under Section 43 IPC?▼

Everything which is an offence, or which is prohibited by law, or which furnishes ground for a civil action.

Under Section 43 IPC, when is a person legally bound to do a thing?▼

When it is illegal in him to omit it. Section 43 IPC says a person is legally bound to do whatever it is illegal in him to omit.

Does Section 43 IPC create an offence?▼

No. It fixes the meaning of two terms and sets no punishment. The sections that use the terms carry the punishment.

Where is Section 43 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 2(15) BNS, with the same words.

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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 ·