A Presentation for Pos of Rcts

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INDIAN PENAL CODE,1860INDIAN PENAL CODE,1860

A PRESENTATION FOR POs OFA PRESENTATION FOR POs OFRCTsRCTs



LAWLAW

Prof. Salmond defined law asProf. Salmond defined law as

³ The body of principles recognized and applied by³ 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 byLaw 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 ³social engineering´ to make a balanceIt is a ³social 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

³The body of rules, whether proceeding from³The body of rules, whether proceeding fromformal Act or from custom, which aformal 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 preLaw pre--supposes a State which has thesupposes 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 ConstitutionThe 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 theIf any law has a provision against the

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



K INDS OF LAWK INDS 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 PenalMostly contained in the Indian Penal

Code,1860 and other special Acts like theCode,1860 and other special Acts like the

Railways Act,Prevention of Corruption ActRailways 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 offender shall 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 whichSpeaks of the relevant evidence which

may be given in court to prove anymay be given in court to prove any

particular offence. particular offence.

-- Contained in the Indian EvidenceContained in the Indian EvidenceAct,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 thisEvery person shall be liable to punishment under this

Code and not otherwise for every act or omissionCode and not otherwise for every act or omission

contrary to the provisions thereof, of which he shall becontrary to the provisions thereof, of which he shall be

guilty within Indiaguilty within India Even a foreigner who enters the Indian territory alsoEven a foreigner who enters the Indian territory also

submits himself to the operation of Indian laws and hesubmits himself to the operation of Indian laws and he

cannot be allowed to plead in defence that he did notcannot be allowed to plead in defence that he did not

know that he was doing wrong, as the act was not anknow that he was doing wrong, as the act was not anoffence in his own country.offence in his own country.

It is a cardinal principle of criminal law that all personsIt 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 Governorsi.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 duties 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 theof his office or for any act done or purporting to be done by him in the

exercise and performance of those powersexercise 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 claimedagainst the President or the Governor shall beagainst the President or the Governor shall beinstituted during his term of office in any court ininstituted during his term of office in any court in

respect of any act or purporting to be done by him inrespect of any act or purporting to be done by him inhis personal capacity.his personal capacity.

± ± Foreign SovereignForeign Sovereign

± ± DiplomatsDiplomats

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

± ± Alien enemyAlien enemy

»» Cannot be tried by the criminal courts of the countryCannot be tried by the criminal courts of the countryin respect of their acts of war. They shall be dealtin respect of their acts of war. They shall be dealtwith under martial law.with under martial law.



± ± Foreign armyForeign army

»» If a foreign army, by consent of the IndianIf a foreign army, by consent of the Indian

Government, is stationed on Indian soil, it is exemptGovernment, is stationed on Indian soil, it is exemptfrom the jurisdiction of the state and consequentlyfrom 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 subjectcountry in territorial waters of India are not subject

to the jurisdiction of the criminal courts of theto the jurisdiction of the criminal courts of the

country.country.



TABLE OF CONTENTSTABLE OF CONTENTS

Chapter IChapter I ± ± Introduction (Sec. 1 to 5)Introduction (Sec. 1 to 5)

Chapter IIChapter II ± ± General Explanations ( Sec.6 toGeneral Explanations ( Sec.6 to

5252--A)A)

Chapter IIIChapter III ± ± Punishments ( Sec.53 to 75)Punishments ( Sec.53 to 75)

Chapter IVChapter IV ± ± General Exceptions (Sec.76 toGeneral Exceptions (Sec.76 to

106)106)

Chapter VChapter V± ± Of Abetment (Sec. 107 to 120)Of Abetment (Sec. 107 to 120)




Chapter VChapter V--AA ± ± Criminal ConspiracyCriminal Conspiracy

(Sec.120A & B)(Sec.120A & B)

Chapter VIChapter VI ± ± Of Offences against the StateOf Offences against the State(Sec.121 to 130)(Sec.121 to 130)

Chapter VIIChapter VII ± ± Of offences relating to theOf offences relating to the

Army, Navy and Air Force (Sec.131 to 140)Army, Navy and Air Force (Sec.131 to 140)




Chapter VIIIChapter VIII ± ± Of offences against theOf offences against the

public tranquility (Sec.141 to 160) public tranquility (Sec.141 to 160)

Chapter IXChapter IX ± ± Of offences by or relating toOf offences by or relating to

public servants (Sec. 161 to 171) public servants (Sec. 161 to 171)

Chapter IXChapter IX--AA ± ± Of offences relating toOf offences relating to

elections (Sec. 171elections (Sec. 171--A to 171A to 171--I)I)




Chapter XChapter X ± ± Of contempts of the lawfulOf contempts of the lawful

authority of public servant (Sec.172 to 190)authority of public servant (Sec.172 to 190)

Chapter XIChapter XI ± ± Of false evidence and offencesOf false evidence and offencesagainst public justice (Sec.191 to 229)against public justice (Sec.191 to 229)

Chapter XIIChapter XII ± ± Of offences relating to coinOf offences relating to coin

and government stamps (Sec.230 to 263and government stamps (Sec.230 to 263--A)A)

Chapter XIIIChapter XIII ± ± Of offences relating toOf offences relating to

weighs and measures (Sec.264 to 267)weighs and measures (Sec.264 to 267)




Chapter XIVChapter XIV ± ± Of offences affecting theOf offences affecting the

public health, safety, convenience, decency public health, safety, convenience, decency

and morals (Sec.2

68 to2

94and morals (Sec.2

68 to2

94--A)A) Chapter XVChapter XV ± ± Of offences relating toOf offences relating to

religion (Sec. 295 to 298)religion (Sec. 295 to 298)

Chapter XVIChapter XVI ± ± Of offences affecting theOf offences affecting the

human body (Sec. 299 to 377)human body (Sec. 299 to 377)




Chapter XVIIChapter XVII ± ± Of offences againstOf offences against

property (Sec. 378 to 462) property (Sec. 378 to 462)

Chapter XVIIIChapter XVIII -- Of offences relating toOf offences relating todocuments and to property marks (Sec. 463documents and to property marks (Sec. 463

to 489to 489--E)E)

Chapter XIXChapter XIX ± ± Of the criminal breach of Of the criminal breach of

contracts of service (Sec. 490 to 492)contracts of service (Sec. 490 to 492)




Chapter XXChapter XX ± ± Of offences relating toOf offences relating to

marriage (Sec. 493 to 498)marriage (Sec. 493 to 498)

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

Chapter XXIChapter XXI ± ± Of definition (Sec.499 toOf definition (Sec.499 to

502)502)

Chapter XXIIChapter XXII ± ± Of criminal intimidation,Of criminal intimidation,

insult and annoyance (Sec. 503 to 510)insult and annoyance (Sec. 503 to 510)




Chapter XXIIIChapter XXIII ± ± Of attempts to commitOf attempts to commit

offences (Sec. 511)offences (Sec. 511)



CHAPTER IXCHAPTER IX

OF OFFENCES BY OR RELATING OF OFFENCES BY OR RELATING

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

BEEN OMITTED BYBEEN OMITTED BY PREVENTION OF PREVENTION OF

CORRUPTION ACT,1988CORRUPTION ACT,1988



Section 166Section 166::Public servant disobeyingPublic servant disobeying

law,with the indent to cause injury to anylaw,with the indent to cause injury to anyperson.person.

Punishable with simple imprisonment for aPunishable 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 andPublic servant framing and

incorrect document with the intent toincorrect document with the intent to

cause injury.cause injury.Punishable with imprisonment upto threePunishable with imprisonment upto three

year or with fine or with both.year or with fine or with both.



Section 168Section 168--Public servant unlawfullyPublic servant unlawfullyengaging in tradeengaging in trade

Punishable with simple imprisonment uptoPunishable with simple imprisonment uptoone year or with fine or with both.one year or with fine or with both.

Section 169Section 169--Public servant unlawfullyPublic servant unlawfully

buying or bidding for properties.buying or bidding for properties.Punishable with simple imprisonment withPunishable with simple imprisonment withtwo years or with fine both;and thetwo years or with fine both;and the property, if purchased, shall be confiscated property, 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 aPunishable for a term of two years or with afine or with both.fine or with both.



Section 171Section 171--W

earing garb or carryingW

earing garb or carryingtoken used by public servant withtoken used by public servant with

fraudulent intent.fraudulent intent.

Punishable with imprisonment with threePunishable with imprisonment with three

months or with fine upto Rs.200/months or with fine upto Rs.200/-- or both.or both.

A Presentation for Pos of Rcts

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