Indian Penal Code
Encyclopedia
Indian Penal Code is the main criminal code
of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law
. It was drafted in 1860 and came into force in colonial India during the British Raj
in 1862. It has since been amended several times and is now supplemented by other criminal provisions.
After independence, Indian Penal Code was inherited by Pakistan
(now called Pakistan Penal Code
) and Bangladesh
, formerly part of British India. It was also adopted wholesale by the British colonial authorities in Burma, Sri Lanka
, Malaysia, Singapore
and Brunei
, and remains the basis of the criminal codes in those countries.
who were members of the Legislative Council
, and was passed into law on Oct 6,1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law.
The Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but was not until 1860 that it took its place on the Indian Statute Book. Before 1860, The English Criminal Law, as modified by several Acts was administered in the Presidency-Towns of Bombay, Calcutta and Madras.
The Code is universally acknowledged as a cogently drafted code ahead of its time. It has substantially survived for over 150 years in several jurisdictions without major amendments. Modern crimes involving technology unheard of during Macaulay's time fit easily under the Code mainly because of the vagueness of the Code.
In 2003, the Malimath Committee submitted its report recommending several far-reaching penal reforms including separation of investigation and prosecution (similar to the CPS
in the UK) to streamline the clogged up Indian criminal justice
system. .The essence of the report was a perceived need for shift from an adversarial to an inquisitorial criminal justice system, based on the Continental Europe
an systems.
Some other recent incidents have again pointed fingers at rewriting the Penal code.These are:-
which covers cheating. Similarly, specific reference to section 302 ("tazīrāt-e-Hind dafā tīn-sau-do ke tehet sazā-e-maut", "punishment of death under section 302 of the Indian Penal Code"), which covers the death penalty, have become part of common knowledge in the region due to repeated mentions of it in Bollywood
movies and regional pulp literature. "Dafa 302" was also the name of a Bollywood movie released in 1975. Similarly, "Shree 420" was the name of a 1955 Bollywood movie starring Raj Kapoor.
Criminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. It was drafted in 1860 and came into force in colonial India during the British Raj
British Raj
British Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...
in 1862. It has since been amended several times and is now supplemented by other criminal provisions.
After independence, Indian Penal Code was inherited by Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
(now called Pakistan Penal Code
Pakistan penal code
The Pakistan Penal Code usually called PPC is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of British India as the Indian Penal Code...
) and Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
, formerly part of British India. It was also adopted wholesale by the British colonial authorities in Burma, Sri Lanka
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
, Malaysia, Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
and Brunei
Brunei
Brunei , officially the State of Brunei Darussalam or the Nation of Brunei, the Abode of Peace , is a sovereign state located on the north coast of the island of Borneo, in Southeast Asia...
, and remains the basis of the criminal codes in those countries.
History
The draft of the Indian Penal Code was prepared by the First Law Commission. It was chaired by Lord Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone's Code of Louisiana. The draft underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and puisne Judges of the Calcutta Supreme CourtSupreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
who were members of the Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
, and was passed into law on Oct 6,1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law.
The Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but was not until 1860 that it took its place on the Indian Statute Book. Before 1860, The English Criminal Law, as modified by several Acts was administered in the Presidency-Towns of Bombay, Calcutta and Madras.
The Code is universally acknowledged as a cogently drafted code ahead of its time. It has substantially survived for over 150 years in several jurisdictions without major amendments. Modern crimes involving technology unheard of during Macaulay's time fit easily under the Code mainly because of the vagueness of the Code.
Classification of offences under the code
Indian Penal Code, 1860, covers large types of Offences and they are Classified into following types:| Chapter | Sections Covered | Classification of Offences |
|---|---|---|
| Chapter I | Sections 1 to 5 | Introduction |
| Chapter II | Sections 6 to 52 | General Explanations |
| Chapter III | Sections 53 to 75 | of Punishments |
| Chapter IV | Sections 76 to 106 | General Exceptions of the Right of Private Defence (Sections 96 to 106) |
| Chapter V | Sections 107 to 120 | Of Abetment |
| Chapter VA | Sections 120A to 120B | Criminal Conspiracy Added in 1913 |
| Chapter VI | Sections 121 to 130 | Of Offences against the State |
| Chapter VII | Sections 131 to 140 | Of Offences relating to the Army, Navy and Air Force Navy and Air Force: Added in 1927 |
| Chapter VIII | Sections 141 to 160 | Of Offences against the Public Tranquillity |
| Chapter IX | Sections 161 to 171 | Of Offences by or relating to Public Servants |
| Chapter X | Sections 172 to 190 | Of Contempts of Lawful Authority of Public Servants |
| Chapter XI | Sections 191 to 229 | Of False Evidence and Offences against Public Justice |
| Chapter XII | Sections 230 to 263 | Of Offences relating to coin and Government Stamps |
| Chapter XIII | Sections 264 to 267 | Of Offences relating to Weight and Measures |
| Chapter XIV | Sections 268 to 294 | Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals |
| Chapter XV | Sections 295 to 298 | Of Offences relating to Religion Religion Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to... |
| Chapter XVI | Sections 299 to 377 | Of Offences affecting the Human Body
|
| Chapter XVII | Sections 378 to 462 | Of Offences Against Property Property Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
|
| Chapter XVIII | Sections 463 to 489 | Of Offences relating to Documents and Property Marks
Added in 1958 |
| Chapter XIX | Sections 490 to 492 | Of the Criminal Breach of Contract Contract A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific... s of Service |
| Chapter XX | Sections 493 to 498 | Of Offences Relating to Marriage Marriage Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found... |
| Chapter XXA | Sections 498A | Of Cruelty by Husband or Relatives of Husband Added in 1983 |
| Chapter XXI | Sections 499 to 502 | Of Defamation |
| Chapter XXII | Sections 503 to 510 | Of Criminal intimidation Intimidation Intimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or... , Insult and Annoyance |
| Chapter XXIII | Section 511 | Of Attempt Attempt Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation.... s to Commit Offences |
Reforms
- The section 377Section 377 of the Indian Penal CodeChapter XVI, Section 377 of the Indian Penal Code is a piece of legislation in India introduced during British rule of India that criminalises sexual activity "against the order of nature." The section was read down to decriminalise same-sex behaviour among consenting adults in a historic...
had been used against legitimate rights of sexual minorities in India. This section has been termed as the biggest hurdle in dealing with control of HIV/AIDS in the Country. But the Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section cannot be used to punish the act of consensual sexual(anal) intercourse between two adult males. This was incorrectly termed by many people including reputed media houses as amendment of this section which it was not.The case is pending in Supreme Court since then. - Section 309 metes out punishment for an unsuccessful attempt to suicide. Rather than providing suitable counseling, the section prefers to punish the victim.
- Section 497 deals with adultery, which punishes men even for consensual sex with another persons wife.
- Many of the Sections in the Indian Penal Code Monetary Fine amounts have become out dated for E.g.- Under Section 188 which is for Disobedience to order duly promulgated by public servant—Prescribes the fine amount to be only two hundred rupees.-- which in today's India can hardly have any deterrent effect upon any Criminal.
In 2003, the Malimath Committee submitted its report recommending several far-reaching penal reforms including separation of investigation and prosecution (similar to the CPS
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
in the UK) to streamline the clogged up Indian criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
system. .The essence of the report was a perceived need for shift from an adversarial to an inquisitorial criminal justice system, based on the Continental Europe
Continental Europe
Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands....
an systems.
Some other recent incidents have again pointed fingers at rewriting the Penal code.These are:-
- Another case which came to light in 2009 thrown light on how the criminal justice system in India could be influenced by the powerful. A higher police officer who molested a minor in 1990 (the minor committed suicide after 3 years due to continuous persecution of her family by the police officer) got away with an imprisonment for just 6 months. (See Ruchika Girhotra CaseRuchika Girhotra CaseThe Ruchika Girhotra Case involves the molestation of 14-year-old Ruchika Girhotra in 1990 by the Inspector General of Police Shambhu Pratap Singh Rathore in Haryana, India. After she made a complaint, the victim, her family, and her friends were systematically harassed by the police leading to...
)
Popular references
Some references to specific sections (called dafa'a in Hindi-Urdu, دفعہ or दफ़आ/दफ़ा) of the IPC have entered popular speech in India, Pakistan and Bangladesh. For instance, conmen are referred to as 420s (chaar-sau-bees in Hindi-Urdu)) after Section 420Section 420
Section 420 of the Indian Penal Code also used in Pakistan, Bangladesh and Afghanistan has become a slang reference for a confidence trickster. Such criminals are called 420 in popular culture in those countries...
which covers cheating. Similarly, specific reference to section 302 ("tazīrāt-e-Hind dafā tīn-sau-do ke tehet sazā-e-maut", "punishment of death under section 302 of the Indian Penal Code"), which covers the death penalty, have become part of common knowledge in the region due to repeated mentions of it in Bollywood
Bollywood
Bollywood is the informal term popularly used for the Hindi-language film industry based in Mumbai , Maharashtra, India. The term is often incorrectly used to refer to the whole of Indian cinema; it is only a part of the total Indian film industry, which includes other production centers producing...
movies and regional pulp literature. "Dafa 302" was also the name of a Bollywood movie released in 1975. Similarly, "Shree 420" was the name of a 1955 Bollywood movie starring Raj Kapoor.