What is Section 5 IPC? Certain laws not to be affected by this Act
Published on: Lawiz Team
Detailed explanation of Section 5 IPC: Certain laws not to be affected by this Act.
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
This law doesn’t override other special or military laws like those for soldiers or local laws.
Purpose
To preserve the authority of special/military/local laws.
Scope and Application
Applies as a limitation clause on the IPC’s applicability.
Important Legal Points
IPC doesn't interfere with special laws like Army Acts or local/state laws.
Illustrative Example
A soldier committing desertion is tried under military law, not IPC.
Exceptions and Special Cases
This section itself is the exception clause.
Conclusion
Acts as a legal safeguard for parallel legislations.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable
FAQs
What is the meaning of certain laws not to be affected by this act?
It refers to certain laws not to be affected by this act under Indian Penal Code.
Why is IPC Section 5 important?
It lays down legal clarity on certain laws not to be affected by this act and ensures consistency in law enforcement.
Can you give a real-life example related to this section?
Real-life situations vary, but this section applies when the described conditions are met.
Who does IPC Section 5 apply to?
It applies to all individuals or entities as defined under the IPC.
How to file a complaint related to IPC Section 5?
You can file an FIR at the nearest police station mentioning relevant facts related to certain laws not to be affected by this act.
Is there any common misunderstanding about this section?
Yes, many people misinterpret the scope of certain laws not to be affected by this act, which actually applies more broadly/narrowly based on context.
What should I do if I am involved in a case under IPC Section 5?
Consult a qualified criminal lawyer who can interpret the law based on your case facts.