Legal Provisions of Section 5 of Indian Penal Code, 1860.
Certain laws not to be affected by this Act:
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.
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ADVERTISEMENTS:
Similarly, the Code vide this section reiterates that special or local law dealing with this subject continues to be operative. Special or local law have not been repealed, modified, suspended or affected by the enactment of the Indian Penal Code. Section 41 of the Code defines a special law as a law applicable to a particular subject. Section 42 of the Code defines a local law as a law applicable only to a particular part of India. It has been held that if an act is punishable under a special or local law as well as under the Indian Penal Code, it will be punished under the Code. On the other hand, it has also been held that if a special Act, complete in itself, makes certain act punishable, the jurisdiction under the Code is not permissible. But in no case can a person be punished for an offence under a special or local law as well as under the Code. This is in consonance with section 26, General Clauses Act, 1897 also.