Law and You > Criminal Laws > Indian Penal Code > Applicability of Certain Laws Overriding IPC (S. 5)
In the last article, we have studied Sections 3 and 4 dealing with the extraterritorial jurisdiction of, the Indian Penal Code. In this article, we shall study Section 5 of the Code, which deals with the applicability of certain laws overriding the IPC. Section 5 of the code talks about the laws as well as provisions of this code which will not be applicable to the categories which have already existing laws to deal with the respective matters.
S. 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 provision of any special or local law.
In Case of Mutiny or Desertion:
Officers engaged in the Government services are provided with this privilege as they are serving the nation. Treating them in the same manner as all offenders are treated under the Indian Penal Code may not be right.
This section excludes the jurisdiction of the Indian Penal Code in cases of mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India. Mutiny and desertion needed to be tackled separately. Many other countries also do likewise. Accordingly, this section specifically mentions that the Code shall not affect the provisions of any Act punishing mutiny and desertion in the Army, Navy or Air Force. The main Acts in this connection are the Army Act, 1950, Navy Act, 1957, Air Force Act, 1950 and Air Force and Army Laws (Amendment) Act, 1975.
If there are situations where the person has been discharged or dismissed from his duty from the services and he is no longer involved in the service of serving the nation, in that case, the provisions of IPC will be accordingly applicable to such person.
In Case of Special Law or Local Law:
Special or local laws have not been repealed, modified, suspended or affected by the enactment of the Indian Penal Code. Section 41 of the Code defines a special law as a law applicable to a particular subject and a local law as a law applicable only to a particular part of India.
It has been held that if an act is punishable under a special or local law as well as under the Indian Penal Code, it will be punished under the Code. On the other hand, it has also been held that if a special Act, complete in itself, makes certain act punishable, the jurisdiction under the Code is not permissible.
e.g. MCOCA in Maharashtra a local Law is used for certain crimes than IPC.
In no case can a person be punished for an offence under a special or local law as well as under the Code. This is in consonance with section 26, General Clauses Act, 1897 which states that “Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.”
Note:
Section 5 of the Code provides a saving clause and excludes its jurisdiction over the matters for which there are separate provisions or separate laws.
In the next article, we shall study Sections 6 and 7 which deals with definitions in the Code to be understood subject to exceptions and sense of expression once explained.