Transcript INDIAN PENAL CODE,1860

INDIAN PENAL CODE,1860
A PRESENTATION FOR POs OF
RCTs
Rishabh.Vakharia, D.E.S Law
college, Pune
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.
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Rishabh.Vakharia, D.E.S Law
college, Pune
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.
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college, Pune
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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college, Pune
KINDS OF LAW
1.
SUBSTANTIVE LAW
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–
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.
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college, Pune
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
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college, Pune
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.
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college, Pune
INDIAN PENAL CODE, 1860
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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.
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college, Pune
EXCEPTIONS
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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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college, Pune
» 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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college, Pune
– 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.
– Warships
» Foreign 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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college, Pune
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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Rishabh.Vakharia, D.E.S Law
college, Pune
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)
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college, Pune
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)
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college, Pune
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)
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college, Pune
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)
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college, Pune
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)
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college, Pune
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)
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college, Pune
TABLE OF CONTENTS
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Chapter XXIII – Of attempts to commit
offences (Sec. 511)
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college, Pune
CHAPTER IX
OF 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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college, Pune
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.
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college, Pune
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.
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college, Pune
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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.
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college, Pune