Section 5 of IPC – Indian Penal Code

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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 provisions of any special or local law.

Explanation-

According to section 5 of Indian penal code, 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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Section 5 IPC 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.

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 which are punishable under any Act or the provisions of any special or local law. 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.

In simpler terms, this section, IPC 5, exempts the jurisdiction of IPC in the cases related to the officers engaged in the service of the Government of India. Some of these issues are the desertion of officers, soldiers, sailors or the airmen.

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