INDIAN PENAL CODE, 1860

Prof. Dr. Mukund SardaDean & Principal

Bharati Vidyapeeth Deemed UniversityNew Law College, Pune

Introduction 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 and social

control It is a “social engineering” to make a balance between

individual wants and social interest.

Prof. Dr. Mukund Sarda

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.

Prof. Dr. Mukund Sarda

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

1. 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.

Prof. Dr. Mukund Sarda

2. PROCEDURAL LAW Lays down the procedure as to

i. how an offender shall be arrested and by whomii. how an investigation will be madeiii. how the bail will be allowediv. what are the various courts and how they shall

try an offenderv. codified in the

Criminal Procedure Code,1973 Code of Civil Procedure,1976, and Indian Evidence Act, 1872.

Prof. Dr. Mukund Sarda

Indian Penal Code, 1860 Extends to whole of India except the state of J&K. 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.

Prof. Dr. Mukund Sarda

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 armyIf 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.

WarshipsForeign 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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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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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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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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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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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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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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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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Right Of Private Defense

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Section 76

Act done by a person bound, or by mistake of fact believing himself bound, by law

by reason of a mistake of fact not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

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Section 77

Act Of Judge When Acting Judicially

nothing is an offence which is done by a Judge acting judicially in the exercise of any power in good faith he believes to be, given to him by law

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Section 78

Act Done Pursuant To The Judgment Or Order Of Court

warranted by the judgment or order of, a Court of Justice

remains in force in good faith believes that the Court had

such jurisdiction

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Section 79

Act Done By A Person Justified Or By Mistake Of Fact Believing Himself

justified, by law

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Section 80

Accident In Doing A Lawful Act

done by accident or misfortune without any criminal intention or knowledge doing of a lawful act in a lawful manner lawful means proper care and caution

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Section 81

Act likely to cause harm, but done without criminal intent, and to prevent other harm

done with the knowledge that it is likely to cause harm

done without any criminal intention to cause harm in good faith for the purpose of preventing or avoiding other harm harm to person or property

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Section 82

Act Of A Child Under Seven Years Of Age

Nothing is an offence which is done by a child under seven years of age.

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Section 83

Act Of A Child Above Seven And Under Twelve Of Immature Understanding

a child above seven years of age and under twelve,

not attained sufficient maturity of understanding to judge

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