Section 5 IPC: Certain laws not to be affected by this Act

Indian Penal Code, 1860

Section 5 IPC at a Glance

Section 5 IPC deals with certain laws not to be affected by this Act. From 1 July 2024 it is replaced by Section 1(6) BNS.

Punishment

None. Section 5 IPC creates no offence.

BNS Equivalent

Section 1(6) →

Section 5 IPC Bare Act Text

5. Certain laws not to be affected by this Act

Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

Source: Section 5, Indian Penal Code, 1860

Section 5 IPC in Simple Words

Section 5 of the Indian Penal Code (IPC) is a saving clause preserving specific statutory frameworks from the operation of the Code. It provides that nothing in the Act shall affect any enactment for punishing mutiny and desertion of military personnel in the service of the Government of India, nor the provisions of any special or local law.

Section 5 IPC is a preliminary savings 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 5 IPC

  • Provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India are not affected
  • Provisions of any special or local law are not affected by this Act

Punishment Under Section 5 IPC

Imprisonment

None. Section 5 IPC creates no offence.

Fine

None. Section 5 IPC creates no offence.

Section 5 IPC is a saving clause protecting military enactments and special or local laws. It defines no offence and has no entry in the First Schedule to the CrPC.

Example of Section 5 IPC

In 2016, Vikram, a sailor in the service of the Government of India stationed at the naval dockyard in Visakhapatnam, joined two other sailors in defying the lawful command of their superior officer, amounting to mutiny under the military statute governing naval personnel. During the same month, his brother Rajesh violated a state excise statute regulating liquor permits in Andhra Pradesh. The Indian Penal Code did not override the naval enactment punishing mutiny by sailors in government service or the special and local excise statute, because both laws remained unaffected by virtue of Section 5 IPC.

When Section 5 IPC Does Not Apply

  • Section 5 IPC does not apply to general legislation that is neither a special law, a local law, nor an enactment punishing mutiny and desertion in the armed forces of the Government of India.
  • Section 5 IPC does not bar prosecution under the ordinary provisions of the Indian Penal Code where no special, local, or military statute governs the conduct.
  • Section 5 IPC does not create any criminal offence or impose any punishment of its own.

Section 5 IPC in the BNS

Section 5 IPC is now covered under Section 1(6) BNS.

Section 5 IPC corresponds to Section 1(6) BNS. Section 1(6) BNS repeats the saving clause of Section 5 IPC word for word, substituting this Sanhita for this Act. Any Act for punishing mutiny and desertion, and any special or local law, remains unaffected by the Sanhita.

View detailed comparison (IPC 5 vs BNS 1(6)) →

FAQs on Section 5 IPC

What does Section 5 IPC say?▼

Section 5 IPC provides that nothing in the Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

What is the effect of Section 5 IPC on special or local laws?▼

Section 5 IPC ensures that provisions contained in special laws or local laws operate without being overridden by the general provisions of the Code.

Does Section 5 IPC define an offence or prescribe punishment?▼

Section 5 IPC defines no offence and prescribes no punishment. It operates purely as an exempting and saving provision.

Is Section 5 IPC bailable or cognizable?▼

Section 5 IPC has no Schedule entry in the First Schedule to the CrPC because it creates no offence.

Can proceedings be compounded under Section 5 IPC?▼

Compounding under Section 320 CrPC does not apply to Section 5 IPC because the provision prescribes no offence or penalty.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 5 IPC?▼

Section 1(6) BNS corresponds to Section 5 IPC, preserving the saving clause 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 ·