Law and You > Criminal Laws > Indian Penal Code > Gender, Number, Man-Woman (Ss. 8 – 10 IPC)
In the last article, we have studied Sections 6 and 7 of the IPC. When reading the code Chapter II on General Explanation and Chapter IV on General Exceptions are very important. Acceptance of satisfactory terminology is of the first importance for securing workable rules. The law must have the same meaning for all persons. All Acts contain an interpretation clause which defines and explains the leading terms used in the Act to avoid any mistake of meaning. It is necessary that a word which occurs more than once in the same Act must be given the same meaning throughout the Act. In this article, we shall study Section 8–10 of IPC, which deals with definitions in the Code to be understood subject to exceptions and understand the use of these definitions in the Code. In this article we shall study definitions of the terms gender, number, and man-woman under IPC.
Section 8: Gender:
Sections of the Indian Penal Code, 1860 use the single pronoun “HE” for both the genders in its several sections. Thus it is important to understand that “HE” in any section of IPC is NOT Just the MALE person but also the FEMALE. Section 8 of the Code makes it clear, that the provisions of the code are equally applicable to males and females.
Section 8:
Gender:
The pronoun “he” and its derivatives are used of any person, whether male or female.
According to Section 13(1) of the General Clauses Act, 1897 “unless there is anything repugnant in the subject or context, words importing the masculine gender shall be taken to include females and vice versa”. Section 8 of the Code lays down that “The pronoun “he” and its derivatives are used of any person, whether male or female”.
| Pronoun | Its Derivatives |
| He | his, him, himself |
| She | her, her, herself |
Illustrations:
Section 125 in The Code Of Criminal Procedure, 1973
Order for maintenance of wives, children and parents.
- If any person having sufficient means neglects or refuses to maintain-
- …
- …
- …
- his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance …..
Using provisions of the General Clauses Act, 1897, we can read the above section as follows:
Section 125 in The Code Of Criminal Procedure, 1973
Order for maintenance of wives, children and parents.
- If any person having sufficient means neglects or refuses to maintain-
- …
- …
- …
- her father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance …..
In Dr. Vjaya Manohar Arbat v. Kashirao Rajaram, AIR 1987 SC 1100 case, A preliminary objection was raised to the effect by Special Leave Petition in the Apex Court, that an application under section 125(1)(d) Criminal Procedure Code by a father to claim maintenance from his daughter was not maintainable as a plain reading of Section 125 (1) (d) clearly indicate that parents can claim maintenance from their son only. The Court observed that the object of section 125 Criminal Procedure Code is to provide a summary remedy to save dependents from destitution and vagrancy and thus to serve a social purpose. There can be no doubt that it is the moral obligation of a son or a daughter to maintain his or her. The Court held that Section 125 of CrPC should be read with Section 13(1) of the General Clauses Act, 1897 and Section 8 of the IPC. The Court further held that married daughters may be ordered to pay maintenance to their parents
According to Section 2(y) of the Code of Criminal Procedure, 1973, words and expressions used in the Code and not defined but defined in the Indian Penal Code (45 of 1860 ) have the meanings respectively assigned to them in that Code.
Section 9: Number:
S.9: Number:
Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.
According to Section 13(2) of the General Clauses Act, 1897, “unless there is anything repugnant in the subject or context, words in the singular shall include the plural and vice versa”.
Section 10: “Man”. “Woman”:
S.10: Man Woman
The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.
In State of Punjab v. Major Singh AIR 1967 SC 63 case, where there was an incident of an assault on a girl child of seven and half months. The accused was prosecuted under Section 354, Assault or criminal force to woman with intent to outrage her modesty. The Court held that the essence of a woman’s modesty is her sex. The modesty of an adult female is writ large on her body. Young or old, intelligent or imbecile, awake or sleeping, the woman possesses modesty capable of being outraged. The culpable intention of the accused is the crux of the matter. The reaction of a woman is very relevant but is not always decisive. This victim had not developed a sense of shame and had no awareness of sex. Nevertheless, even a female of tender age from her very birth possesses the modesty which is the attribute of her sex. Hence the accused was held guilty and was convicted under Section 354 of the Indian Penal Code.
In this case, the Court has used Section 10 of IPC to define the term “woman” with Section 354 of IPC.
In Emperor v. Tatia (1912) 14 Bom LR 961 Case, wherein the accused took a girl six years old to his room and made her lie down and he lay on her. The girl immediately screamed and managed to run away. The lower Court was apparently of the opinion that `the girl being only six years old was too young to have any sense of modesty developed’ and sentenced a fine of Rs. 60 only U/s. 352 of IPC. But the Hon’ble Justice Batchelor and Justice Rao of Bombay High Court clarified that under section 10 of the IPC the word `woman’ denotes a human being of any age and the girl screamed and ran away when the accused began his assault on her. This is a clear indication that she felt her modesty to be outraged by the accused’s conduct. The Court held that the act of the accused was punishable under Section 354 of IPC.
Conclusion:
Chapter II Sections 6 to 52 A contains the definitions and general explanations are required to understand and interpret the provisions of the Indian Penal Code. Section 8 of the Code makes it clear, that the provisions of the code are equally applicable to males and females. According to Section 9 of IPC, Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number. Section 10 of IPC, clearly defines a man and a woman as male and female human beings respectively of any age.