Section 49 IPC: “Year”. “Month”

Indian Penal Code, 1860

Section 49 IPC at a Glance

Section 49 IPC defines the term “Year”. “Month”. From 1 July 2024 it is replaced by Section 2(20) BNS.

Punishment

None. Section 49 IPC creates no offence.

BNS Equivalent

Section 49 IPC Bare Act Text

49. “Year”. “Month”
Wherever the word “year” or the word “month” is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.

Source: Section 49, Indian Penal Code, 1860

Section 49 IPC in Simple Words

Section 49 of the Indian Penal Code (IPC) fixes how the words year and month are to be read. Wherever either word is used in the Code, the year or the month is reckoned according to the British calendar. The section creates no offence and sets no punishment. It governs the sections that name a period in years or months.

Ingredients of Section 49 IPC

The word year or the word month is used
The year or the month is to be understood
As reckoned according to the British calendar

Punishment Under Section 49 IPC

Imprisonment

None. Section 49 IPC creates no offence.

Fine

None.

Section 49 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 49 IPC

In Varanasi in 2022, a magistrate had to calculate a period of one year and a separate period of six months fixed by provisions of the Indian Penal Code in a case against Manohar. Manohar argued that both periods should be counted according to the traditional lunar calendar, which had shorter months and a shorter year. Because the Code used the word year and the word month for those periods, both the year and the month had to be reckoned according to the British calendar under Section 49 IPC.

When Section 49 IPC Does Not Apply

Section 49 IPC does not apply where a provision measures time in days, hours, or weeks without using the word year or the word month.
Section 49 IPC does not authorise reckoning a year or a month in the Code by a lunar, Saka, or regional calendar instead of the British calendar.
Section 49 IPC does not apply to a private agreement or deed outside the Indian Penal Code that fixes its own calendar for counting months or years.

Section 49 IPC in the BNS

Section 49 IPC is now covered under Section 2(20) BNS.

Section 2(20) BNS keeps the rule and changes the name of the calendar. The month or the year is reckoned according to the Gregorian calendar, where the IPC said the British calendar. The BNS also lists month before year. It is now clause 20 of the definitions section, in place of a section of its own.

View detailed comparison (IPC 49 vs BNS 2(20)) →

FAQs on Section 49 IPC

What does Section 49 IPC provide?▼

That wherever the word year or the word month is used, the year or the month is to be reckoned according to the British calendar.

Does Section 49 IPC create an offence?▼

No. It fixes how two words are read and sets no punishment. The sections that name a period in years or months carry the punishment.

Which IPC offence names a period in months, read with Section 49 IPC?▼

Section 336 IPC is one. It punishes a rash or negligent act that endangers human life or the personal safety of others with imprisonment up to three months.

Does the Bharatiya Nyaya Sanhita keep the rule in Section 49 IPC?▼

Yes, with the calendar renamed. Under Section 2(20) BNS the period is reckoned by the Gregorian calendar and not the British calendar.

Where is Section 49 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 2(20) BNS, under the heading month and year.

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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 ·