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IPC, 1860
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IPCChapter ISection 5
Section5

Certain laws not to be affected by this Act

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Summary

Laws that punish mutiny or desertion by officers, soldiers, sailors or airmen in the service of the Government of India, and any special or local law, remain effective and are not overridden by this Act. When an offence falls under such a military or special/local statute, that statute governs investigation and prosecution. The IPC does not alter or cancel those separate provisions.

Example

Ravi is an airman accused of leaving his post. Even if the facts might also fit an offence under the IPC, the special law for service personnel applies. Authorities will proceed under the mutiny/desertion statute rather than treat it solely as an ordinary IPC offence.

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Enacted 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 provision of any special or local law.

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I

Chapter I

Introduction

In this chapter

  • 1Title and extent of operation of the Code
  • 2Punishment of offences committed within India
  • 3Punishment of offences committed beyond, but which by law may be tried within, India
  • 4Extension of Code to extra-territorial offences
  • 5Certain laws not to be affected by this Act
Previous · Section 4Extension of Code to extra-territorial offencesNext · Section 6Definitions in the Code to be understood subject to exceptions