INDIAN PENAL CODE,1860

A PRESENTATION FOR POs OF RCTs

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.

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.

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

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.

2. 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

3. 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.

INDIAN PENAL CODE, 1860Extends 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 IndiaEven 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.

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.

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 SovereignDiplomats

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.

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.

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.

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)

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)

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)

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)

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)

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)

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)

TABLE OF CONTENTS

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

CHAPTER IXOF OFFENCES BY OR RELATING

TO PUBLIC SERVANTSSECTION 161 TO SECTION 165 A HAVE

BEEN OMITTED BY PREVENTION OF CORRUPTION ACT,1988

Section 166:Public 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.

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 both;and 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.

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.

M.L.PANDIA