The Indian Penal Code 1. Title and extent of operation of the Code.—This Act shall be called the Indian Penal Code, and shall 1 [extend to the whole of India 2 [except the State of Jammu and Kashmir].].
Indian Penal Code, 1860 1.1Presented by- Shivi VijayvergiyaFollow me on Unacademyhttps://unacademy.in/user/ShiviVijayvergiyahttps://unacademy.in/user/Sshttps:lunacademy.in
Criminal Law In IndiaIndian Penal Code, 1860 - consists of all the penalprovisions - Also known as substantive lawIndian Evidence Act, 1872 - lays down the laws guiding theadmissibility and non-admissibilty of evidence.Criminal Procedure Code, 1973 - procedural law.Consolidate law related to establishment of criminal courtsand the procedure to be followed during investigation,inquiry and trial.
Indian Penal CodeXXIII chapters, consisting of 511 sections in totalThe law has been amended many times; the latest beingBill no. 63 of 2013, The Criminal Law (Amendment) Bill,2013 - On laws related to sexual offencesIt is applicable in all over India except Jammu and Kashmir.It has a separate penal code known as - Ranbir Penal Code,1989
Indian Penal Code, 1860Introduction and explanationPunishment and exceptionsAbatement and Criminal conspiracyOffences against-- a. Stateb. Common wellbeing- c. Human body- d. Property- e. Marriagef. Reputation
Section 2- Punishment of offence committed in India- Territorialjurisdiction- Application of the Code depends on the place where theoffence is committed and not upon the nationality or place of residenceof the offenderSection 3- Punishment of offences committed beyond, but which by lawmay be tried within, India- only applicable on cases mentioned inExtradition Act.Section 4- Extension of Code to extra-territorial offencesExtra- territorial jurisdiction- offence created by citizen of India in anyplace without and beyond India and any offence created by any ship, oraircraft registered in India.Section 5-Certain laws not affected by Act-saving clause-excludes caseswhere separate provisions are made by special or local laws.
General explanation Section 6- Definitions subject to exceptions.Section 7- Sense of expression- The term would have the samemeaning throughout the Code.. Section 8- Section 52 ASection 34- Act done by several person in furtherance to thecommon intention
Section 34Section 34- Acts done by several persons in futherance of commonintention.When a criminal act is done by several persons in furtherance of thecommon intention of all, each of such persons is liable for that act in thesame manner as if it were done by him alone.].Common intention- prior consent, that is, a prior meeting of minds andparticipation of all the members of the group in the execution of plan.The act done by each participant may differ or may vary but it shouldarticulate around the same common intention.
Agenda for next slidesPunishment and exceptionsThanks
The Indian Penal Code, 1860 | |
---|---|
An Act to provide a general penal code in India | |
Citation | Act No. 45 of 1860 |
Territorial extent | India (except the state of Jammu and Kashmir) |
Enacted by | Imperial Legislative Council |
Date enacted | 6 October 1860 |
Date assented to | 6 October 1860 |
Date commenced | 1 January 1862 |
Committee report | First Law Commission |
Amends | |
seeAmendments | |
Related legislation | |
Code of Criminal Procedure, 1973 | |
Status: Amended |
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of LordThomas Babington Macaulay.[1][2][3] It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions.
After the partition of the British Indian Empire, the Indian Penal Code was inherited by its successor states, the Dominion of India and the Dominion of Pakistan, where it continues independently as the Pakistan Penal Code. The Ranbir Penal Code (R.P.C) applicable in Jammu and Kashmir is also based on this Code.[2] After the separation of Bangladesh (former East Pakistan) from Pakistan, the code continued in force there. The Code was also adopted by the British colonial authorities in Colonial Burma, Ceylon (modern Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes in those countries.
The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1835. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Elements were also derived from the Napoleonic Code and from Edward Livingston's Louisiana Civil Code of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. The drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856, but it did not take its place on the statute book of British India until a generation later, following the Indian Rebellion of 1857. The draft then underwent a very careful revision at the hands of Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court, and the future puisne judges of the Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860.[4] The Code came into operation on 1 January 1862. Macaulay did not survive to see his masterpiece come into force, having died near the end of 1859.
The objective of this Act is to provide a general penal code for India.[5] Though not the initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India. This was so because the Code does not contain all the offences and it was possible that some offences might have still been left out of the Code, which were not intended to be exempted from penal consequences. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law,many more penal statutes governing various offences have been created in addition to the code.
The Indian Penal Code of 1860, sub-divided into 23 chapters, comprises 511 sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences. The Outline is presented in the following table:[6]
Chapter | Sections covered | Classification of offences |
---|---|---|
Chapter I | Sections 1 to 5 | Introduction |
Chapter II | Sections 6 to 52 | General Explanations |
Chapter III | Sections 53 to 75 | of Punishments |
Chapter IV | Sections 76 to 106 | General Exceptions of the Right of Private Defence (Sections 96 to 106) |
Chapter V | Sections 107 to 120 | Of Abetment |
Chapter VA | Sections 120A to 120B | Criminal Conspiracy |
Chapter VI | Sections 121 to 130 | Of Offences against the State |
Chapter VII | Sections 131 to 140 | Of Offences relating to the Army, Navy and Air Force |
Chapter VIII | Sections 141 to 160 | Of Offences against the Public Tranquillity |
Chapter IX | Sections 161 to 171 | Of Offences by or relating to Public Servants |
Chapter IXA | Sections 171A to 171I | Of Offences Relating to Elections |
Chapter X | Sections 172 to 190 | Of Contempts of Lawful Authority of Public Servants |
Chapter XI | Sections 191 to 229 | Of False Evidence and Offences against Public Justice |
Chapter XII | Sections 230 to 263 | Of Offences relating to coin and Government Stamps |
Chapter XIII | Sections 264 to 267 | Of Offences relating to Weight and Measures |
Chapter XIV | Sections 268 to 294 | Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals. |
Chapter XV | Sections 295 to 298 | Of Offences relating to Religion |
Chapter XVI | Sections 299 to 377 | Of Offences affecting the Human Body.
|
Chapter XVII | Sections 378 to 462 | Of Offences Against Property
|
Chapter XVIII | Section 463 to 489 -E | Offences relating to Documents and Property Marks
|
Chapter XIX | Sections 490 to 492 | Of the Criminal Breach of Contracts of Service |
Chapter XX | Sections 493 to 498 | Of Offences Relating to Marriage |
Chapter XXA | Sections 498A | Of Cruelty by Husband or Relatives of Husband |
Chapter XXI | Sections 499 to 502 | Of Defamation |
Chapter XXII | Sections 503 to 510 | Of Criminal intimidation, Insult and Annoyance |
Chapter XXIII | Section 511 | Of Attempts to Commit Offences |
Various sections of the Indian Penal Code are controversial. They are challenged in courts claiming as against constitution of India. Also there is demand for abolition of some controversial IPC sections completely or partially.
Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.[7]
The Section 309 of the Indian Penal Code deals with an unsuccessful attempt to suicide. Attempting to commit suicide and doing any act towards the commission of the offence is punishable with imprisonment up to one year or with fine or with both. Considering long-standing demand and recommendations of the Law Commission of India, which has repeatedly endorsed the repeal of this section, the Government of India in December 2014 decided to decriminalise attempt to commit suicide by dropping Section 309 of IPC from the statute book. Though this decision found favour with most of the states, a few others argued that it would make law enforcement agencies helpless against people who resort to fast unto death, self-immolation, etc., pointing out the case of anti-AFSPA activist Irom Chanu Sharmila.[12] In February 2015, the Legislative Department of the Ministry of Law and Justice was asked by the Government to prepare a draft Amendment Bill in this regard.[13]
In an August 2015 ruling, the Rajasthan High Court made the Jain practice of undertaking voluntary death by fasting at the end of a person's life, known as Santhara, punishable under sections 306 and 309 of the IPC. This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the Supreme Court against the order.[14][15]On 31 August 2015, the Supreme Court admitted the petition by Akhil Bharat Varshiya Digambar Jain Parishad and granted leave. It stayed the decision of the High Court and lifted the ban on the practice.
The Section 497 of the Indian Penal Code has been criticised on the one hand for allegedly treating woman as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery.[16][17] This section was unanimously struck down on 27th September 2018 by a five judge bench of the Supreme Court in case of Joseph Shine v. Union of India as being unconstitutional and demeaning to the dignity of women. Adultery continues to be a ground for seeking divorce in a Civil Court, but is no longer a criminal offence in India.
Sections 120B (criminal conspiracy), 121 (war against the Government of India), 132 (mutiny), 194 (false evidence to procure conviction for a capital offence), 302, 303 (murder), 305 (abetting suicide), 364A (kidnapping for ransom), 364A (banditry with murder), 376A (rape) have death penalty as punishment. There is ongoing debate for abolishing capital punishment.[18]
In 2003, the Malimath Committee submitted its report recommending several far-reaching penal reforms including separation of investigation and prosecution (similar to the CPS in the UK) to streamline criminal justice system.[19] The essence of the report was a perceived need for shift from an adversarial to an inquisitorial criminal justice system, based on the Continental European systems.
The Code has been amended several times.[20][21]
S. No. | Short title of amending legislation | No. | Year |
---|---|---|---|
1 | The Repealing Act, 1870 | 14 | 1870 |
2 | The Indian Penal Code Amendment Act, 1870 | 27 | 1870 |
3 | The Indian Penal Code Amendment Act, 1872 | 19 | 1872 |
4 | The Indian Oaths Act, 1873 | 10 | 1873 |
5 | The Indian Penal Code Amendment Act, 1882 | 8 | 1882 |
6 | The Code of Criminal Procedure, 1882 | 10 | 1882 |
7 | The Indian Criminal Law Amendment Act, 1886 | 10 | 1886 |
8 | The Indian Marine Act, 1887 | 14 | 1887 |
9 | The Metal Tokens Act, 1889 | 1 | 1889 |
10 | The Indian Merchandise Marks Act, 1889 | 4 | 1889 |
11 | The Cantonments Act, 1889 | 13 | 1889 |
12 | The Indian Railways Act, 1890 | 9 | 1890 |
13 | The Indian Criminal Law Amendment Act, 1891 | 10 | 1891 |
14 | The Amending Act, 1891 | 12 | 1891 |
15 | The Indian Criminal Law Amendment Act, 1894 | 3 | 1894 |
16 | The Indian Criminal Law Amendment Act, 1895 | 3 | 1895 |
17 | The Indian Penal Code Amendment Act, 1896 | 6 | 1896 |
18 | The Indian Penal Code Amendment Act, 1898 | 4 | 1898 |
19 | The Currency-Notes Forgery Act, 1899 | 12 | 1899 |
20 | The Indian Penal Code Amendment Act, 1910 | 3 | 1910 |
21 | The Indian Criminal Law Amendment Act, 1913 | 8 | 1913 |
22 | The Indian Elections Offences and Inquiries Act, 1920 | 39 | 1920 |
23 | The Indian Penal Code (Amendment) Act, 1921 | 16 | 1921 |
24 | The Indian Penal Code (Amendment) Act, 1923 | 20 | 1923 |
25 | The Indian Penal Code (Amendment) Act, 1924 | 5 | 1924 |
26 | The Indian Criminal Law Amendment Act, 1924 | 18 | 1924 |
27 | The Workmen's Breach of Contract (Repealing) Act, 1925 | 3 | 1925 |
29 | The Obscene Publications Act, 1925 | 8 | 1925 |
29 | The Indian Penal Code (Amendment) Act, 1925 | 29 | 1925 |
30 | The Repealing and Amending Act, 1927 | 10 | 1927 |
31 | The Criminal Law Amendment Act, 1927 | 25 | 1927 |
32 | The Repealing and Amending Act, 1930 | 8 | 1930 |
33 | The Indian Air Force Act, 1932 | 14 | 1932 |
34 | The Amending Act, 1934 | 35 | 1934 |
35 | The Government of India (Adaptation of Indian Laws) Order, 1937 | N/A | 1937 |
36 | The Criminal Law Amendment Act, 1939 | 22 | 1939 |
37 | The Offences on Ships and Aircraft Act, 1940 | 4 | 1940 |
38 | The Indian Merchandise Marks (Amendment) Act, 1941 | 2 | 1941 |
39 | The Indian Penal Code (Amendment) Act, 1942 | 8 | 1942 |
40 | The Indian Penal Code (Amendment) Act, 1943 | 6 | 1943 |
41 | The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948 | N/A | 1948 |
42 | The Criminal Law (Removal of Racial Discriminations) Act, 1949 | 17 | 1949 |
43 | The Indian Penal Code and the Code of Criminal Procedure (Amendment) Act, 1949 | 42 | 1949 |
44 | The Adaptation of Laws Order, 1950 | N/A | 1950 |
45 | The Repealing and Amending Act, 1950 | 35 | 1950 |
46 | The Part B States (Laws) Act, 1951 | 3 | 1951 |
47 | The Criminal Law Amendment Act, 1952 | 46 | 1952 |
48 | The Repealing and Amending Act, 1952 | 48 | 1952 |
49 | The Repealing and Amending Act, 1953 | 42 | 1953 |
50 | The Code of Criminal Procedure (Amendment) Act, 1955 | 26 | 1955 |
51 | The Adaptation of Laws (No.2) Order, 1956 | N/A | 1956 |
52 | The Repealing and Amending Act, 1957 | 36 | 1957 |
53 | The Criminal Law Amendment Act, 1958 | 2 | 1958 |
54 | The Trade and Merchandise Marks Act, 1958 | 43 | 1958 |
55 | The Indian Penal Code (Amendment) Act, 1959 | 52 | 1959 |
56 | The Indian Penal Code (Amendment) Act, 1961 | 41 | 1961 |
57 | The Anti-Corruption Laws (Amendment) Act, 1964 | 40 | 1964 |
58 | The Criminal and Election Laws Amendment Act, 1969 | 35 | 1969 |
59 | The Indian Penal Code (Amendment) Act, 1969 | 36 | 1969 |
60 | The Criminal Law (Amendment) Act, 1972 | 31 | 1972 |
61 | The Employees' Provident Funds and Family Pension Fund (Amendment) Act, 1973 | 40 | 1973 |
62 | The Employees' State Insurance (Amendment) Act, 1975 | 38 | 1975 |
63 | The Election Laws (Amendment) Act, 1975 | 40 | 1975 |
64 | The Criminal Law (Amendment) Act, 1983 | 43 | 1983 |
65 | The Criminal Law (Second Amendment) Act, 1983 | 46 | 1983 |
66 | The Dowry Prohibition (Amendment) Act, 1986 | 43 | 1986 |
67 | The Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988 | 33 | 1988 |
68 | The Prevention of Corruption Act, 1988 | 49 | 1988 |
69 | The Criminal Law (Amendment) Act, 1993 | 42 | 1993 |
70 | The Indian Penal Code (Amendment) Act, 1995 | 24 | 1995 |
71 | The Information Technology Act, 2000 | 21 | 2000 |
72 | The Election Laws (Amendment) Act, 2003 | 24 | 2003 |
73 | The Code of Criminal Procedure (Amendment) Act, 2005 | 25 | 2005 |
74 | The Criminal Law (Amendment) Act, 2005 | 2 | 2006 |
75 | The Information Technology (Amendment) Act, 2008 | 10 | 2009 |
76 | The Criminal Law (Amendment) Act, 2013 | 13 | 2013 |
77 | The Criminal Law (Amendment) Act, 2018 | 2018 |
The Code is universally acknowledged as a cogently drafted code, ahead of its time. It has substantially survived for over 150 years in several jurisdictions without major amendments. Nicholas Phillips, Justice of Supreme Court of United Kingdom applauded the efficacy and relevance of IPC while commemorating 150 years of IPC.[22] Modern crimes involving technology unheard of during Macaulay's time fit easily within the Code[citation needed] mainly because of the broadness of the Code's drafting.
Some references to specific sections (called dafa'a in Hindi-Urdu, دفعہ or दफ़आ/दफ़ा) of the IPC have entered popular speech in India, Pakistan and Bangladesh. For instance, con men are referred to as 420s (chaar-sau-bees in Hindi-Urdu) after Section 420 which covers cheating.[23] Similarly, specific reference to section 302 ('tazīrāt-e-Hind dafā tīn-sau-do ke tehet sazā-e-maut', 'punishment of death under section 302 of the Indian Penal Code'), which covers the death penalty, have become part of common knowledge in the region due to repeated mentions of it in Bollywood movies and regional pulp literature.[24][25]Dafa 302 was also the name of a Bollywood movie released in 1975.[26] Similarly, Shree 420 was the name of a 1955 Bollywood movie starring Raj Kapoor.[27] and Chachi 420 was a Bollywood movie released in 1997 starring Kamal Haasan.[28]
... People were saying, 'Twenty plus Four equals Char Sau Bees.' Char Sou Bees is 420 which is the number of the law that has to do with counterfeiting ...
... Tazeerat-e-hind, dafa 302 ke tahat, mujrim ko maut ki saza sunai jaati hai ...
... we'd have the death penalty back tomorrow. Dafa 302, taaziraat-e-Hind ... to be hung by the neck until death ...
... Badti Ka Naam Dadhi ( 1975), Chhoti Si Baat ( 1975), Dafa 302 ( 1 975), Chori Mera Kaam ( 1975), Ek Mahal Ho Sapnon Ka (1975) ...