Section 5Certain laws not to be affected by this Act

Chapter I — Introduction

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The IPC has been replaced by a new law. (This note is not yet reviewed by a qualified legal professional.)

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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.

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Simple explanation

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Section 5 says that IPC does not cancel or override other special laws. If there is a special law for a particular matter, that law will continue to apply. IPC works alongside special or local laws, not against them. For example, military law or special Acts like NDPS Act continue to operate separately.

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Legal explanation

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Section 5 preserves the operation of special and local laws. It clarifies that the IPC does not repeal, override, or affect provisions of special statutes, military laws, or local enactments. The doctrine underlying this section is that special law prevails over general law (lex specialis derogat legi generali). Therefore, where a special statute governs a subject matter, its provisions will apply in preference to IPC.

This explanation helps you understand. It is not the law itself.

Examples

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Case Study 1: A person is caught with narcotic drugs. Even though IPC contains general provisions, the NDPS Act will apply because it is a special law governing narcotics.

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Case Study 2: A soldier commits an offence during active service. Military law may apply instead of regular IPC provisions.

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Case Study 3: A company violates provisions under the Companies Act. The special provisions under the Companies Act will apply instead of IPC general provisions.

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Case Study 4: A tax evasion offence is committed. The Income Tax Act will govern the matter as a special law.

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Related situations

Source and checking

Where this text comes from: Nyayabharat database snapshot (NY_24_09_2026.bacpac)
Type of text: Not the official text
Reviewed by a qualified legal professional?: Not yet
Official law: India Code

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