Indian Penal Code Ppt
THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860 1* [6th October, 1860.] CHAPTER I INTRODUCTION CHAPTER I INTRODUCTION Preamble.-WHEREAS it is expedient to provide a general Penal Code for 2*[India]; It is enacted as follows:-- 1. Title and extent of operation of the Code. Title and extent of operation of the Code.--This Act shall be.
The Indian Penal Code,1860 Citation Territorial extent (except the state of ) Enacted by Date enacted 6 October 1860 Date assented to 6 October 1860 Date commenced 1 January 1862 Committee report Amends see Related legislation Status: Amended The Indian Penal Code ( IPC) is the of India. It is a comprehensive code intended to cover all substantive aspects of. The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the under the Chairmanship of. It came into force in during the early period in 1862.
However, it did not apply automatically in the, which had their own courts and until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. After the, the Indian Penal Code was inherited by its successor states, the and the, where it continues independently as the.
The (RPC) applicable in is also based on this Code. After the separation of from Pakistan, the code. The Code was also adopted by the British colonial authorities in, (modern Sri Lanka), the (now part of Malaysia), and, and remains the basis of the criminal codes in those countries.
Contents. History The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by in 1834 and was submitted to Governor-General of India Council in 1835. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Elements were also derived from the and from 's of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised.
The drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856, but it did not take its place on the statute book of British India until a generation later, following the. The draft then underwent a very careful revision at the hands of, who later became the first Chief Justice of the, and the future of the Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860. The Code came into operation on 1 January 1862. Macaulay did not survive to see his masterpiece come into force, having died near the end of 1859 Objective The objective of this Act is to provide a general for India.
Penal Code 1860
Though not the initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India. This was so because the Code does not contain all the offences and it was possible that some offences might have still been left out of the Code, which were not intended to be exempted from penal consequences. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law,many more penal statutes governing various offences have been created in addition to the code. Structure The Indian Penal Code of 1860, sub-divided into 23 chapters, comprises 511 sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences.
Universal Law Publishing. Fifa 18 moddingway mod. ^ Lal Kalla, Krishan (1985). Jammu and Kashmir: Mittal Publications. Retrieved 19 September 2014. Retrieved 19 September 2014. B.M.Gandhi.
Indian Panel Code (2013 ed.). B.M.Gandhi. Indian Penal Code. Retrieved 2018-09-24. Venkatesan, J. Retrieved 2018-09-24. Times of India.
6 September 2018. Retrieved 7 September 2018.
Retrieved 2018-09-09. The Times of India. 10 December 2014. Retrieved 15 August 2015. Press Information Bureau. Ministry of Home Affairs, Government of India. Retrieved 15 August 2015.
The Indian Express. Retrieved 15 August 2015. 10 August 2015. Retrieved 15 August 2015. The Times of india. 17 July 2015.
Retrieved 15 August 2015. The Times of India. 3 December 2011. Retrieved 15 August 2015. Abrams, Corinne (3 September 2015).
Retrieved 2012-05-23. Parliament of India. Retrieved 7 June 2015. This article incorporates text from this source, which is in the. Current Publications.
Retrieved 8 June 2015. The New Indian Express. Retrieved 2018-09-24. Henry Scholberg (1992), NorthStar Publications, 1992. People were saying, 'Twenty plus Four equals Char Sau Bees.' Char Sou Bees is 420 which is the number of the law that has to do with counterfeiting.
Star Plus, Popular Prakashan,. Tazeerat-e-hind, dafa 302 ke tahat, mujrim ko maut ki saza sunai jaati hai. Alok Tomar; Monisha Shah; Jonathan Lynn (2001), Penguin Books in association with BBC Worldwide, 2001,. we'd have the death penalty back tomorrow.
Dafa 302, taaziraat-e-Hind. To be hung by the neck until death.
Mishra (2006-09-01), Publications Division, Ministry of Information and Broadcasting, Government of India, 2006,. Badti Ka Naam Dadhi ( 1975), Chhoti Si Baat ( 1975), Dafa 302 ( 1 975), Chori Mera Kaam ( 1975), Ek Mahal Ho Sapnon Ka (1975). – via www.imdb.com.
Haasan, Kamal; Puri, Amrish; Puri, Om; Tabu (1997-12-19), retrieved 2017-04-03 Further reading.
The Indian Penal Code. THE INDIAN PENAL CODE, 1860(Act No.
45 of 1860) 6th October 18603 CONTENTS SN Subject 1. INTRODUCTION 2. GENERAL EXPLANATIONS 3. PUNISHMENTS 4. GENERAL EXCEPTIONS 5.
CRIMINAL CONSPIRACY 7. OFFENCES AGAINST THE STATE 8. OFFENCES RELATING TO THE ARMY 1 NAVY AND AIR FORCE 9. OFFFENCES A GAINST THE PUBLIC TRANQUILLITY 10. OFFENCES BY OR RELATING TO PUBILC SERVANTS 11.
1CHAPTER IXA 12. CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 13.
FALSE EVISENCE AND OFFENCES AGAINST PUBLIC JUSTICE 14. OFFENCES RELATION TO COINAND GOVERNMENT STAMPS 15. OFFENCES RELATING TO WEIGHTS AND MEASURES 16. OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 17. OFFENCES RELATING TO RELIGION 18. OFFENCES AFFECTING THE HUMAN BODY 19. OFFENCES AGAINST PROPERTY OF THEFT 20.
OFFENCES RELATING TO DOCUMENTS AND TO. PROPERTY MARKS 21.
THE CRIMINAL BREACH OF CONTRACTS OF SERVICE 22. OFFENCES RELATING TO MARRIAGE 23. CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND 24. DEFAMATION 25.
CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE 26. ATTEMPTS TO COMMIT OFFENCES CHAPTER 1 INTRODUCTION. Preamble.- Whereas it is expedient to provide a general Penal Code for India; It is enacted an follows:-1.
Title and extent of operation of the Code:- This Act shall be called the Indian Penal Code, and shallextend to the whole of India except the State of Jammu and Kashmir. COMMENTSHistory: The Indian Penal Code is the Product. Of the work of successive Law Commission constituted bythe British during the 19th century. The main milestones in the work towards the preparation of the Codeare as under:- (1) Chapter Art,1833 under which the first Indian Law Commission was constituted. (2) Constitution of the First Indian Law Commission (1834): President-Maculae Members(Commissioner): McLeod Anderson Millets (3) Draft Code submitted to the Governor General in Council (14th October,1837).
(4) Constitution of Second Indian Law Commission (26th April 1845). (5) Report of the Second Indian Law Commission on the Draft Penal Code (1846 and 1847, i.e. In two parts). (6) Draft Code revised and presented to Governor General in Council (1856). Revision was din by Bethune and Peacock (Law Members). (7) Passing of the Code (6th October,1860).2. Punishment of offences committed within India.- Every person shall be liable to punishment underthis Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall beguilty within Indian.
COMMENTSForeigners: The words’ every person ‘ are believed to have made it clear that a foreigner is subject toIndian Penal Code for an act committed within Esop.- Jilendranath Gohsoh v.Chief Secretary, Air 1932 Cal753: ILR 60 Cal 364,Cf Esop (1836) 7 C & P 456.Foreign Sovereigns: Foreign Sovereigns are exempt by International Law which (in this respect) is part ofnational law.- The parliament Belge, (1880) 5 P D 197-207.Territorial Waters: See Proclamation of 30 th September, 1867.- P.M. Bakshi, Selective Commentary onthe Constitution and Rastya Rama,(1817) 8 B H C Cr CJ 63.Within India”: Section 2 focuses on operation of the Code “within India” (see the last eightwords).This limits its territorial operation.But it is to be read with Section3,4, 108A, etc. Which (directly orindirectly) provided for its extra territorial preparation.“Every person”: The words” every person” highlight the universal application of the Code to all persons.The expression “person” is defined in Section 11.
Section 2 should, however, be read as subject to provisionsto the contrary, which may be found in various enactments or sources. Principal examples are:. (a) The constitution Articles, e.g Article 361.
(b) Excepting provisions in the Indian penal Code (e.g. (c) Excepting or limiting provisions in the Code of Criminal Procedure, 1973. (d) Excepting provisions in special laws in the nature of protective clauses. (e) Rules of International Law (see infra).Rules of public International Law: Certain rules of International Law, are regarded as part of the nationallaw also. One such rule is that foreign states and foreign sovereigns are not subject to the jurisdiction ofnational courts.- The Parliament Beige, (1889) 5 PD 197- 207 (Court of Appeals per Lord justice Brett). In the U.S., the rule was first rendered authoritatively by Chief Justice John Marshall in The SchoonerExchange v.
M.C Fid don, (1812) 11 U.S.(7 Crenel)116, 136, 137,143-146. The Foreign Sovereign Immunities Act, 1976 (U.S.A, 28 U.S.C. Section 1604) provides that –“ subjectto existing international agreements to which the United States is a party at the time of enactment of this Act,a foreign state shall be immune from the jurisdiction of the courts of the United States and of the statesexcept as provided in this Act”. This expression “foreign state” is defined as including an agency orinstrumentality of a foreign state. Lewis, State and Diplomatic Immunity, 1980.
In India, this rule continuities to apply in regard to criminal proceedings. In regard to civilproceedings, it has been slightly modified by Section 86, Code of Civil Procedure, 1908.
That Section, whilenot totally abrogating the immunity conferred by Public International Law, provides that a foreign sovereigncan not be sued except with the consent of the Central Government.3. Punishment of offences committed beyond but which by law may be tried within India.- Anyperson liable by any Indian law to be tried for an offence committed beyond India shall be dealt withaccording to the provisions of this Code for any act committed beyond India in the same manner as if suchact had been committed within India. COMMENTSScope: The section provides for extra- territorial operation of Indian legislation relating to criminal law, butonly if the terms of the section are satisfied.
A very important ingredient of the Section is contained in thewords.” Any person liable by any Indian law.”. The Section operates only where an Indian Law specifically provides that an act committed outsideIndian may be dealt with under that law in India.“Indian Law”: As to the expression “Indian Law “, see Madhavrao v.
State of M.P., AIR 1916 SC 198. TheCode Itself, in Section 4, provides for extra territorial operation of the penal provisions of the Code. For extraterritorial application of other, i.e. Special laws, the “extent” clause(usually contained in the first Section ofthe special laws) should be consulted. The Child Marriages Restraint Act, 1929 does not contain anyprovision for its extra territorial application and, therefore, does not apply to marriage outside India.-SheikhHaidar v.
Sued lssa, ILR 1939 Nag 241. At the same time, if the “Indian Law” clearly provides for its own extra territorial application then it isimmaterial that the act or omission was not punishment in the foreign country.- Pheroze v. State,(1964) 2 CrLJ 533 (Bom).Application: Section 3, IPC applies only to a person liable by any Indian Law to be tried for an offencecommitted beyond India.
If the Indian Law does not have extraterritorial operation then Section 3 dies not. apply.- Sheikh Haidar v. Sued Issa, ILR 1939 Nag 241. At the same time if there is in force such law, it is not necessary that the act mist be punishable where itwas committed.- Pheroze v. Syed Issa, ILR 1939 Neg 241.4. Extension of Code to extra territorial offences.- The provisions if this Code apply also to anyoffence committed by- (1) any citizen of India in any place without and beyond India; (2) any person on any shop or aircraft registered in India wherever it may be.Explanation.- In this Section the word “offence” includes every act committed outside India which, ifcommitted in India, would be punishable under this Code.
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Illustration A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any placein India at which he may be found. CHARGE I, (name is and office of the Magistrate) hereby charge you(name of the accused) as following:- If in the place without of beyond India:- That you being the citizen of India on or about the.day ofat with the intentionof or with the intention of or with the knowledge that you will hereby commit the offence in.(nameof place) without or beyond India (specify the place thereby committed the offence(name of the offence)punishable under Section 4,I.P.C and within my cognizance. And I hereby direct that you be tried on the said charge by the said court. COMMENTSScope: Section 4, IPC defines the extra territorial application of the Code.
Procedure for securing surrenderis governed by the Extradition Act,1962.- Jugal Kishore More (1969)3 SCR 320. Section 4 does not apply where the offender is not a citizen of India.- Central Bank of India Ltd.
V.Ram Narain,(1955)1 SCR 697. Section 4 provides for the extra territorial operation of the Penal Code. Such operation is conditionedby the nationality of the offender- clause(1), or by the place of commission – clause(2). Under clause (1), theplace of commission is immaterial provided the offender is an Indian citizen. Citizenships is governed by the Citizenship Act, 1955.
Under clause(2) what is required is that the ship or aircraft, must be registered in India. Registrationof ships is governed by the Merchant Shipping Act, 1958.Registration of aircraft is governed by the Indian Aircraft Act, 1934.Illegal arrest: Even if a person is arrested outside India illegally for trial in India, the trial is not vitiated bythe illegality of the arrest.-Vinayak D. Saarkar,1920 ILR 35 Bom 225(arrest alleged to be in violation of rules. of Public International Law).Basis of extra territorial jurisdiction: the most fundamental principle of extra- territorial jurisdiction isnationality.
Indian Penal Code Pdf Download
As early as the first authoritative commentator on jurisdiction, the Italian jurist Bartolus, himselfa confirmed territoriality, it has been admitted that a state’s laws may be applied extraterritorially to itscitizens, Individuals or corporations, wherever they may be found. See Bartolus on the conflict of Laws 51(Beale trans. A much more controversial form of extraterritorial jurisdiction is the so called effects principle.Extraterritorial though it may be in practice, in theory the effects principle is grounded on the principle ofterritorial jurisdiction. The premise is that a state has jurisdiction over extraterritorial conduct when theconduct has an effect within its territory. The effects principle received its most notable enunciation in the Lotus case, where the permanentCourt of International Justice was asked to decide whether Turkey had violated” the principles ofinternational law” by asserting criminal jurisdiction over a French officer who had been navigating a privateFrench vessel, when it collided with, and sank, a Turkish ship on the high seas.Lotus case: The issue was one of extra territoriality because the Frenchman had at all times during thecollision been on French territory, i.e. Aboard the French ship, although damage had been inflicted uponTurkish territory, i.e. On the Turkish ship.