Section 8 IPC: Gender
Indian Penal Code, 1860
Section 8 IPC at a Glance
Section 8 IPC sets the rule that the pronoun “he” and its derivatives are used of any person, male or female. From 1 July 2024 it is replaced by Section 2(10) BNS.
None. Section 8 IPC creates no offence.
Section 8 IPC Bare Act Text
8. Gender
The pronoun “he” and its derivatives are used of any person, whether male or female.
Source: Section 8, Indian Penal Code, 1860
Section 8 IPC in Simple Words
Section 8 of the Indian Penal Code (IPC) defines the scope of gender terms used in the Code. It provides that the pronoun he and its derivatives are used of any person, whether male or female.
Under this rule of interpretation, penal provisions drafted using the masculine pronoun apply equally to women and men. Section 8 IPC is an interpretative definition that creates 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 8 IPC
- Use of the pronoun he and its grammatical derivatives
- Application to any person, whether male or female
Punishment Under Section 8 IPC
None. Section 8 IPC creates no offence.
None. Section 8 IPC creates no offence.
Section 8 IPC defines gender and creates no offence. It has no entry in the First Schedule to the CrPC.
Example of Section 8 IPC
When Section 8 IPC Does Not Apply
- Section 8 IPC does not override a provision of the Indian Penal Code that expressly uses gender-specific nouns such as man or woman rather than the pronoun he and its derivatives.
- Section 8 IPC does not govern the meaning of pronouns in separate statutes that contain their own interpretation clauses.
- Section 8 IPC does not define any criminal offence or prescribe any punishment.
Section 8 IPC in the BNS
Section 8 IPC is now covered under Section 2(10) BNS.
Section 8 IPC corresponds to Section 2(10) BNS. Section 2(10) BNS expands the definition of gender by adding transgender persons to the clause, specifying that the pronoun he and its derivatives apply to any person, whether male, female or transgender. An Explanation explicitly incorporates the definition of transgender assigned in clause k of section 2 of the Transgender Persons (Protection of Rights) Act, 2019.
View detailed comparison (IPC 8 vs BNS 2(10)) →FAQs on Section 8 IPC
What does Section 8 IPC say?▼
Section 8 IPC provides that the pronoun he and its derivatives are used of any person, whether male or female.
Under Section 8 IPC, does the pronoun he in the Code restrict offences to male offenders?▼
The pronoun he in the Code does not restrict liability to male persons because Section 8 IPC provides that the pronoun applies to both males and females.
Section 8 IPC: how does the Bharatiya Nyaya Sanhita modify the gender definition?▼
Section 2(10) BNS extends the definition to include transgender persons alongside male and female individuals, referencing the Transgender Persons (Protection of Rights) Act, 2019.
Does Section 8 IPC define an offence or prescribe punishment?▼
Section 8 IPC defines no offence and prescribes no punishment. It is an interpretative clause applicable across the provisions of the Code.
Is Section 8 IPC bailable or cognizable?▼
Section 8 IPC has no entry in the First Schedule to the CrPC because it creates no offence.
Can proceedings be compounded under Section 8 IPC?▼
Compounding under Section 320 CrPC does not apply to Section 8 IPC because the section creates no substantive offence.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·