INDIAN PENAL CODE,1860

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INDIAN PENAL CODE,1860

• A PRESENTATION FOR POs OF RCTs

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LAW

• Prof. Salmond defined law as
• The body of principles recognized and applied
  by the State in the administration of justice.
• Law consists of rules recognized and acted on by
  the courts of justice.
• Law is the means where as justice is the end.
• Law is an instrument of social progress.
• It is a social engineering to make a balance
  between individual wants and social interest.

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• Oxford Dictionary defines law as
• The body of rules, whether proceeding from
  formal Act or from custom, which a particular
  State or community recognizes as binding upon its
  members.
• Law pre-supposes a State which has the sanction
  to enforce the law. Without a State, law has no
  meaning.
• Mostly, Law is obeyed as a matter of habit.

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• The highest law in India is the Constitution of
  India.
• No other law is above it.
• If any law has a provision against the
  Constitution, it is ultra vires and not binding

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KINDS OF LAW

• SUBSTANTIVE LAW
• Defines the offences like theft, robbery,
  dacoity, hurt, murder etc.
• Mostly contained in the Indian Penal Code,1860
  and other special Acts like the Railways
  Act,Prevention of Corruption Act etc.

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• PROCEDURAL LAW
• Lays down the procedure as to
• (i) how an offender shall be arrested and by
  whom
• (ii) how an investigation will be made
• (iii) how the bail will be allowed
• (iv) what are the various courts and how they
  shall try an offender
• (v) codified in the Criminal Procedure Code,1973
  and Code of Civil Procedure,1976

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• EVIDENTIARY LAW
• - Speaks of the relevant evidence which may be
  given in court to prove any particular offence.
• - Contained in the Indian Evidence Act,1872.

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INDIAN PENAL CODE, 1860

• Extends to whole of India except the state of
  JK.
• Every person shall be liable to punishment under
  this Code and not otherwise for every act or
  omission contrary to the provisions thereof, of
  which he shall be guilty within India
• Even a foreigner who enters the Indian territory
  also submits himself to the operation of Indian
  laws and he cannot be allowed to plead in defence
  that he did not know that he was doing wrong, as
  the act was not an offence in his own country.
• It is a cardinal principle of criminal law that
  all persons should be treated equal in the eyes
  of law.

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EXCEPTIONS

• According to provisions of Art.361 of the
  Constitution of India.
• High dignitaries of the State i.e the President
  of India and the Governors of the States.
• 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 in the
  exercise and performance of those powers
• No criminal proceedings whatsoever shall be
  instituted in any court during the term of his
  office.
• No process for arrest or imprisonment shall be
  issued from any court during the terms of his
  office.

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• No civil proceedings in which the relief is
  claimed against the President or the Governor
  shall be instituted during his term of office in
  any court in respect of any act or purporting to
  be done by him in his personal capacity.
• Foreign Sovereign
• Diplomats
• Ambassadors and certain members of diplomatic
  staff also enjoy immunity from the jurisdiction
  of the courts of the country.
• Alien enemy
• Cannot be tried by the criminal courts of the
  country in respect of their acts of war. They
  shall be dealt with under martial law.

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• Foreign army
• If a foreign army, by consent of the Indian
  Government, is stationed on Indian soil, it is
  exempt from the jurisdiction of the state and
  consequently from the jurisdiction of the
  criminal courts.
• Warships
• Foreign naval forces on board of warships of
  their country in territorial waters of India are
  not subject to the jurisdiction of the criminal
  courts of the country.

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TABLE OF CONTENTS

• Chapter I Introduction (Sec. 1 to 5)
• Chapter II General Explanations ( Sec.6 to
  52-A)
• Chapter III Punishments ( Sec.53 to 75)
• Chapter IV General Exceptions (Sec.76 to 106)
• Chapter V Of Abetment (Sec. 107 to 120)

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TABLE OF CONTENTS

• Chapter V-A Criminal Conspiracy (Sec.120A B)
• Chapter VI Of Offences against the State
  (Sec.121 to 130)
• Chapter VII Of offences relating to the Army,
  Navy and Air Force (Sec.131 to 140)

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TABLE OF CONTENTS

• Chapter VIII Of offences against the public
  tranquility (Sec.141 to 160)
• Chapter IX Of offences by or relating to public
  servants (Sec. 161 to 171)
• Chapter IX-A Of offences relating to elections
  (Sec. 171-A to 171-I)

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TABLE OF CONTENTS

• Chapter X Of contempts of the lawful authority
  of public servant (Sec.172 to 190)
• Chapter XI Of false evidence and offences
  against public justice (Sec.191 to 229)
• Chapter XII Of offences relating to coin and
  government stamps (Sec.230 to 263-A)
• Chapter XIII Of offences relating to weighs and
  measures (Sec.264 to 267)

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TABLE OF CONTENTS

• Chapter XIV Of offences affecting the public
  health, safety, convenience, decency and morals
  (Sec. 268 to 294-A)
• Chapter XV Of offences relating to religion
  (Sec. 295 to 298)
• Chapter XVI Of offences affecting the human
  body (Sec. 299 to 377)

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TABLE OF CONTENTS

• Chapter XVII Of offences against property (Sec.
  378 to 462)
• Chapter XVIII - Of offences relating to
  documents and to property marks (Sec. 463 to
  489-E)
• Chapter XIX Of the criminal breach of contracts
  of service (Sec. 490 to 492)

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TABLE OF CONTENTS

• Chapter XX Of offences relating to marriage
  (Sec. 493 to 498)
• Chapter XX-A Of cruelty by husband or relatives
  of husband (Sec.498-A)
• Chapter XXI Of definition (Sec.499 to 502)
• Chapter XXII Of criminal intimidation, insult
  and annoyance (Sec. 503 to 510)

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TABLE OF CONTENTS

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

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CHAPTER IXOF OFFENCES BY OR RELATING TO PUBLIC
SERVANTS

• SECTION 161 TO SECTION 165 A HAVE BEEN OMITTED BY
  PREVENTION OF CORRUPTION ACT,1988

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• Section 166Public servant disobeying law,with
  the indent to cause injury to any person.
• Punishable with simple imprisonment for a term
  upto one year or with a fine or both.
• Section 167 Public servant framing and incorrect
  document with the intent to cause injury.
• Punishable with imprisonment upto three year or
  with fine or with both.

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• Section 168-Public servant unlawfully engaging in
  trade
• Punishable with simple imprisonment upto one
  year or with fine or with both.
• Section 169-Public servant unlawfully buying or
  bidding for properties.
• Punishable with simple imprisonment with two
  years or with fine bothand the property, if
  purchased, shall be confiscated
• Section 170-Personating a public servant.
• Punishable for a term of two years or with a
  fine or with both.

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