Section 46 IPC: “Death”

Indian Penal Code, 1860

Section 46 IPC at a Glance

Section 46 IPC defines the term “Death”. From 1 July 2024 it is replaced by Section 2(6) BNS.

Punishment

None. Section 46 IPC creates no offence.

BNS Equivalent

Section 2(6) →

Section 46 IPC Bare Act Text

46. “Death”

The word “death” denotes the death of a human being unless the contrary appears from the context.

Source: Section 46, Indian Penal Code, 1860

Section 46 IPC in Simple Words

Section 46 of the Indian Penal Code (IPC) defines the word death. Death denotes the death of a human being unless the contrary appears from the context. The section creates no offence and sets no punishment. It fixes the meaning of a word used in other sections.

Ingredients of Section 46 IPC

  • The word death
  • Denotes the death of a human being
  • Unless the contrary appears from the context

Punishment Under Section 46 IPC

Imprisonment

None. Section 46 IPC creates no offence.

Fine

None.

Section 46 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 46 IPC

In Thrissur in 2017, Arvind stored unmarked bottles of agricultural pesticide on the counter of his tea stall, and a customer named Gopalan drank from one by mistake and died that evening. Police registered a case for causing death by negligence. During the inquiry, a neighbour mentioned that two stray dogs had also died after licking the spilled liquid outside the stall. Because nothing in the offence's context suggested otherwise, only Gopalan's passing was death within Section 46 IPC.

When Section 46 IPC Does Not Apply

  • The death of livestock or wildlife is not death under Section 46 IPC unless the surrounding text indicates that an animal is meant.
  • Where a provision's context shows that the word death is used for something other than a human being, the general rule in Section 46 IPC does not govern.
  • The destruction of crops or timber is not death within Section 46 IPC because no human being has died and the context does not provide otherwise.

Section 46 IPC in the BNS

Section 46 IPC is now covered under Section 2(6) BNS.

Section 2(6) BNS keeps the definition and changes one word. Death means the death of a human being unless the contrary appears from the context, where the IPC said denotes. It is now clause 6 of the definitions section, with the word in lower case, in place of a section of its own.

View detailed comparison (IPC 46 vs BNS 2(6)) →

FAQs on Section 46 IPC

What does Section 46 IPC define?▼

The word death, which it fixes as the death of a human being.

Under Section 46 IPC, can the word death mean something else in the IPC?▼

Yes, where the contrary appears from the context. Section 46 IPC makes the death of a human being the meaning only unless the context shows otherwise.

Which IPC offence uses 'death' in the sense of Section 46 IPC?▼

Section 304A IPC is one. It punishes causing the death of any person by doing a rash or negligent act not amounting to culpable homicide.

Does Section 46 IPC create an offence?▼

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

Where is Section 46 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 2(6) BNS, with the verb changed from denotes to means.

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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 ·