INDIAN PENAL CODE,1860

Rishabh.Vakharia, D.E.S Law college, Pune

INDIAN PENAL CODE,1860INDIAN PENAL CODE,1860

A PRESENTATION FOR POs OF A PRESENTATION FOR POs OF RCTsRCTs


LAWLAW

Prof. Salmond defined law as Prof. Salmond defined law as “ “ The body of principles recognized and applied by The body of principles recognized and applied by

the State in the administration of justice”.the State in the administration of justice”. Law consists of rules recognized and acted on by Law consists of rules recognized and acted on by

the courts of justice.the courts of justice. Law is the means where as justice is the end.Law is the means where as justice is the end. Law is an instrument of social progress.Law is an instrument of social progress. It is a “social engineering” to make a balance It is a “social engineering” to make a balance

between individual wants and social interest.between individual wants and social interest.


Oxford Dictionary defines law asOxford Dictionary defines law as““The body of rules, whether proceeding from The body of rules, whether proceeding from

formal Act or from custom, which a formal Act or from custom, which a particular State or community recognizes as particular State or community recognizes as binding upon its members”.binding upon its members”.

Law pre-supposes a State which has the Law pre-supposes a State which has the sanction to enforce the law. Without a State, sanction to enforce the law. Without a State, law has no meaning.law has no meaning.

Mostly, Law is obeyed as a matter of habit.Mostly, Law is obeyed as a matter of habit.


The highest law in India is the Constitution The highest law in India is the Constitution of India.of India.

No other law is above it.No other law is above it. If any law has a provision against the If any law has a provision against the

Constitution, it is ultra vires and not binding Constitution, it is ultra vires and not binding


KINDS OF LAWKINDS OF LAW

1.1. SUBSTANTIVE LAWSUBSTANTIVE LAW– Defines the offences like theft, robbery, Defines the offences like theft, robbery,

dacoity, hurt, murder etc.dacoity, hurt, murder etc.– Mostly contained in the Indian Penal Mostly contained in the Indian Penal

Code,1860 and other special Acts like the Code,1860 and other special Acts like the Railways Act,Prevention of Corruption Act Railways Act,Prevention of Corruption Act etc.etc.


2.2. PROCEDURAL LAWPROCEDURAL LAW– Lays down the procedure as toLays down the procedure as to

(i) how an offender shall be arrested and by (i) how an offender shall be arrested and by whomwhom(ii) how an investigation will be made(ii) how an investigation will be made(iii) how the bail will be allowed(iii) how the bail will be allowed(iv) what are the various courts and how they (iv) what are the various courts and how they shall try an offendershall try an offender(v) codified in the Criminal Procedure (v) codified in the Criminal Procedure Code,1973 and Code of Civil Procedure,1976Code,1973 and Code of Civil Procedure,1976


3.3. EVIDENTIARY LAWEVIDENTIARY LAW- Speaks of the relevant evidence - Speaks of the relevant evidence

which may be given in court to prove any which may be given in court to prove any particular offence.particular offence.

- Contained in the Indian Evidence - Contained in the Indian Evidence Act,1872.Act,1872.


INDIAN PENAL CODE, 1860INDIAN PENAL CODE, 1860 Extends to whole of India except the state of J&K.Extends to whole of India except the state of J&K. Every person shall be liable to punishment under this Every person shall be liable to punishment under this

Code and not otherwise for every act or omission Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be contrary to the provisions thereof, of which he shall be guilty within Indiaguilty within India

Even a foreigner who enters the Indian territory also Even a foreigner who enters the Indian territory also submits himself to the operation of Indian laws and he submits himself to the operation of Indian laws and he cannot be allowed to plead in defence that he did not cannot be allowed to plead in defence that he did not know that he was doing wrong, as the act was not an know that he was doing wrong, as the act was not an offence in his own country.offence in his own country.

It is a cardinal principle of criminal law that all persons It is a cardinal principle of criminal law that all persons should be treated equal in the eyes of law. should be treated equal in the eyes of law.


EXCEPTIONSEXCEPTIONS

According to provisions of Art.361 of the Constitution of India.According to provisions of Art.361 of the Constitution of India.– High dignitaries of the StateHigh dignitaries of the State i.e the President of India and the Governors i.e the President of India and the Governors

of the States.of the States.» Not answerable to any court for the exercise and performance and Not answerable to any court for the exercise and performance and

duties of his office or for any act done or purporting to be done by him duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powersin the exercise and performance of those powers

» No criminal proceedings whatsoever shall be instituted in any court No criminal proceedings whatsoever shall be instituted in any court during the term of his office.during the term of his office.

» No process for arrest or imprisonment shall be issued from any court No process for arrest or imprisonment shall be issued from any court during the terms of his office.during the terms of his office.


» No civil proceedings in which the relief is claimed No civil proceedings in which the relief is claimed against the President or the Governor shall be against the President or the Governor shall be instituted during his term of office in any court in instituted during his term of office in any court in respect of any act or purporting to be done by him in respect of any act or purporting to be done by him in his personal capacity.his personal capacity.

– Foreign SovereignForeign Sovereign– DiplomatsDiplomats

Ambassadors and certain members of Ambassadors and certain members of diplomatic diplomatic staff also enjoy immunity from the staff also enjoy immunity from the jurisdiction of jurisdiction of the courts of the country.the courts of the country.

– Alien enemy Alien enemy » Cannot be tried by the criminal courts of the country Cannot be tried by the criminal courts of the country

in respect of their acts of war. They shall be dealt in respect of their acts of war. They shall be dealt with under martial law. with under martial law.


– Foreign armyForeign army» If a foreign army, by consent of the Indian If a foreign army, by consent of the Indian

Government, is stationed on Indian soil, it is exempt Government, is stationed on Indian soil, it is exempt from the jurisdiction of the state and consequently from the jurisdiction of the state and consequently from the jurisdiction of the criminal courts.from the jurisdiction of the criminal courts.

– WarshipsWarships» Foreign naval forces on board of warships of their Foreign naval forces on board of warships of their

country in territorial waters of India are not subject country in territorial waters of India are not subject to the jurisdiction of the criminal courts of the to the jurisdiction of the criminal courts of the country.country.


TABLE OF CONTENTSTABLE OF CONTENTS

Chapter I – Introduction (Sec. 1 to 5)Chapter I – Introduction (Sec. 1 to 5) Chapter II – General Explanations ( Sec.6 to Chapter II – General Explanations ( Sec.6 to

52-A)52-A) Chapter III – Punishments ( Sec.53 to 75)Chapter III – Punishments ( Sec.53 to 75) Chapter IV – General Exceptions (Sec.76 to Chapter IV – General Exceptions (Sec.76 to

106)106) Chapter V– Of Abetment (Sec. 107 to 120)Chapter V– Of Abetment (Sec. 107 to 120)



Chapter V-A – Criminal Conspiracy Chapter V-A – Criminal Conspiracy (Sec.120A & B)(Sec.120A & B)

Chapter VI – Of Offences against the State Chapter VI – Of Offences against the State (Sec.121 to 130)(Sec.121 to 130)

Chapter VII – Of offences relating to the Chapter VII – Of offences relating to the Army, Navy and Air Force (Sec.131 to 140)Army, Navy and Air Force (Sec.131 to 140)



Chapter VIII – Of offences against the Chapter VIII – Of offences against the public tranquility (Sec.141 to 160)public tranquility (Sec.141 to 160)

Chapter IX – Of offences by or relating to Chapter IX – Of offences by or relating to public servants (Sec. 161 to 171)public servants (Sec. 161 to 171)

Chapter IX-A – Of offences relating to Chapter IX-A – Of offences relating to elections (Sec. 171-A to 171-I)elections (Sec. 171-A to 171-I)



Chapter X – Of contempts of the lawful Chapter X – Of contempts of the lawful authority of public servant (Sec.172 to 190)authority of public servant (Sec.172 to 190)

Chapter XI – Of false evidence and offences Chapter XI – Of false evidence and offences against public justice (Sec.191 to 229)against public justice (Sec.191 to 229)

Chapter XII – Of offences relating to coin Chapter XII – Of offences relating to coin and government stamps (Sec.230 to 263-A)and government stamps (Sec.230 to 263-A)

Chapter XIII – Of offences relating to Chapter XIII – Of offences relating to weighs and measures (Sec.264 to 267)weighs and measures (Sec.264 to 267)



Chapter XIV – Of offences affecting the Chapter XIV – Of offences affecting the public health, safety, convenience, decency public health, safety, convenience, decency and morals (Sec. 268 to 294-A)and morals (Sec. 268 to 294-A)

Chapter XV – Of offences relating to Chapter XV – Of offences relating to religion (Sec. 295 to 298)religion (Sec. 295 to 298)

Chapter XVI – Of offences affecting the Chapter XVI – Of offences affecting the human body (Sec. 299 to 377)human body (Sec. 299 to 377)



Chapter XVII – Of offences against Chapter XVII – Of offences against property (Sec. 378 to 462)property (Sec. 378 to 462)

Chapter XVIII - Of offences relating to Chapter XVIII - Of offences relating to documents and to property marks (Sec. 463 documents and to property marks (Sec. 463 to 489-E)to 489-E)

Chapter XIX – Of the criminal breach of Chapter XIX – Of the criminal breach of contracts of service (Sec. 490 to 492)contracts of service (Sec. 490 to 492)



Chapter XX – Of offences relating to Chapter XX – Of offences relating to marriage (Sec. 493 to 498)marriage (Sec. 493 to 498)

Chapter XX-A – Of cruelty by husband or Chapter XX-A – Of cruelty by husband or relatives of husband (Sec.498-A)relatives of husband (Sec.498-A)

Chapter XXI – Of definition (Sec.499 to Chapter XXI – Of definition (Sec.499 to 502)502)

Chapter XXII – Of criminal intimidation, Chapter XXII – Of criminal intimidation, insult and annoyance (Sec. 503 to 510)insult and annoyance (Sec. 503 to 510)



Chapter XXIII – Of attempts to commit Chapter XXIII – Of attempts to commit offences (Sec. 511)offences (Sec. 511)


CHAPTER IXCHAPTER IXOF OFFENCES BY OR RELATING OF OFFENCES BY OR RELATING

TO PUBLIC SERVANTSTO PUBLIC SERVANTSSECTION 161 TO SECTION 165 A HAVE SECTION 161 TO SECTION 165 A HAVE

BEEN OMITTED BY BEEN OMITTED BY PREVENTION OF PREVENTION OF CORRUPTION ACT,1988CORRUPTION ACT,1988


Section 166Section 166::Public servant disobeying Public servant disobeying law,with the indent to cause injury to any law,with the indent to cause injury to any person.person.Punishable with simple imprisonment for a Punishable with simple imprisonment for a term upto one year or with a fine or both.term upto one year or with a fine or both.

Section 167Section 167: : Public servant framing and Public servant framing and incorrect document with the intent to incorrect document with the intent to cause injury.cause injury.Punishable with imprisonment upto three Punishable with imprisonment upto three year or with fine or with both.year or with fine or with both.


Section 168Section 168--Public servant unlawfully Public servant unlawfully engaging in tradeengaging in tradePunishable with simple imprisonment upto Punishable with simple imprisonment upto one year or with fine or with both.one year or with fine or with both.

Section 169Section 169--Public servant unlawfully Public servant unlawfully buying or bidding for properties. buying or bidding for properties. Punishable with simple imprisonment with Punishable with simple imprisonment with two years or with fine both;and the two years or with fine both;and the property, if purchased, shall be confiscatedproperty, if purchased, shall be confiscated

Section 170Section 170--Personating a public servant.Personating a public servant.Punishable for a term of two years or with a Punishable for a term of two years or with a fine or with both. fine or with both.


Section 171Section 171--Wearing garb or carrying Wearing garb or carrying token used by public servant with token used by public servant with fraudulent intent.fraudulent intent.Punishable with imprisonment with three Punishable with imprisonment with three months or with fine upto Rs.200/- or both.months or with fine upto Rs.200/- or both.

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INDIAN PENAL CODE,1860