Indian Penal Code
|The Indian Penal Code, 1860|
|Council of the Governor General of India|
|Citation||Act No. 45 of 1860|
|Territorial extent||India (except Jammu and Kashmir)|
|Enacted by||Legislative Council|
|Date enacted||6 October 1860|
|Date assented to||6 October 1860|
|Date commenced||1 January 1862|
|Committee report||First Law Commission|
|Code of Criminal Procedure, 1973|
|Status: Substantially amended|
The Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. Based on IPC, Jammu and Kashmir has enacted a separate code known as Ranbir Penal Code (RPC).
After the departure of the British, the Indian Penal Code was inherited by Pakistan as well, much of which was formerly part of British India, and there it is now called the Pakistan Penal Code. Even after the independence of Bangladesh (Formerly known as East Pakistan) from Pakistan (Formerly known as West Pakistan), it continued in force there. It, the Indian Penal Code, was also adopted by the British colonial authorities in Burma, Ceylon (now Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes in those countries.The Ranbir Penal Code applicable in that state of Jammu and Kashmir of India, is also based on this Code.
The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1837. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Elements were also derived from the Napoleonic Code and from Edward Livingston's Louisiana Civil Code 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 Indian Rebellion of 1857. The draft then underwent a very careful revision at the hands of Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court, and the future puisne judges 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. Unfortunately, Macaulay did not survive to see his masterpiece come into force, having died near the end of 1859.
The objective of this Act is to provide a general penal code for India. Though not an 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.
The Indian Penal Code of 1860, sub-divided into twenty three chapters, comprises five hundred and eleven sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences. The Outline is presented in the following table:
|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|
|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|
|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 IXA||Sections 171A to 171I||Of Offences Relating to Elections|
|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|
|Chapter XVI||Sections 299 to 377||Of Offences affecting the Human Body.
|Chapter XVII||Sections 378 to 462||Of Offences Against Property
|Chapter XVIII||Section 463 to 489 -E||Offences relating to Documents and Property Marks
|Chapter XIX||Sections 490 to 492||Of the Criminal Breach of Contracts of Service|
|Chapter XX||Sections 493 to 498||Of Offences Relating to Marriage|
|Chapter XXA||Sections 498A||Of Cruelty by Husband or Relatives of Husband|
|Chapter XXI||Sections 499 to 502||Of Defamation|
|Chapter XXII||Sections 503 to 510||Of Criminal intimidation, Insult and Annoyance|
|Chapter XXIII||Section 511||Of Attempts to Commit Offences|
|This section may require cleanup to meet Wikipedia's quality standards. The specific problem is: Needs citations, clarifications and better readability.. (March 2015)|
Unnatural Offences - Section 377
Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal , shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten Years, and shell also be liable to fine.
Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
- Section 377 The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same sex individuals. 
- On December 11, 2013, Supreme Court of India over-ruled the judgment given by Delhi High court in 2009 and clarified that "Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality". The Bench said: "We hold that Section 377 does not suffer from… unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable." It, however, said: "Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati."
Attempt to Commit Suicide -Section 309
- Section 309 deals - an unsuccessful attempt to suicide. Suicide has not been defined in the Indian Penal Code. Suicide is the initiation of an act leading to one's own death.
Attempting to commit suicide and (b) doing any act towards the commission of the offence - is punishable with imprisonment up to one year or with fine or with both.
In September 2011, Government of India indicated that it is considering to amend this section and to decriminalise suicide attempts. The Government was responding to a PIL filed in the Supreme Court.
Conviction under Section 302 IPC of a person who survived a suicide pact-improper [Narendra v. State of Rajasthan, Criminal Appeal No. 1902 of 2014, decided on 02.09.2014] Supreme Court: In a one of a kind case where the deceased and the accused had a suicide pact, in which the accused survived, the bench of T.S. Thakur and R. Banumathi, JJ held that the death of deceased was not premeditated and the act of the accused causing death of the deceased was in furtherance of the understanding between them to commit suicide and the consent of the deceased and the act of the accused falls under Exception 5 of Section 300 IPC.
Modifying the conviction of the accused under Section 302 IPC to Section 304 Part I IPC, the Court held that it was inclined to come to this conclusion owing to the formidable circumstances favouring the accused which showed that the accused came unarmed to the house of the deceased and picked up the sword from room itself. Also, the deceased had not raised any alarm for help and the accused was also having stab injuries on his person.
After careful consideration of the arguments advanced by Mohd. Adeel Siddiqui and S.S. Shamshery, the counsels appearing for the appellant and the respondent, respectively, the Court concluded that there was adequate evidence which showed the love affair between the accused and the deceased and that their relationship was not accepted by the villagers which lead to the suicide pact between the two in which the accused survived due to intervention. The Court, hence, modified the sentence and upon noting that the accused has been in custody for more than 10 years, ordered his release.
On December 10, 2014, Shri Haribhai Parathibhai Chaudhary while giving a written reply to Shri Vivek Gupta stated that the Law Commission of India, in its 210th Report, recommended that Section 309 (attempt to Commit suicide) of IPC needs to be effaced from the statute book. 18 States and 4 Union Territory Administrations have supported that Section 309 of the IPC may be deleted. Keeping in view the responses from the States/UTs, it has been decided to delete Section 309 of IPC from the Statute book.
Criminal justice reforms
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 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 European systems.
|S. No.||Short title of amending legislation||No.||Year|
|1||The Repealing Act, 1870||14||1870|
|2||The Indian Penal Code Amendment Act, 1870||27||1870|
|3||The Indian Penal Code Amendment Act, 1872||19||1872|
|4||The Indian Oaths Act, 1873||10||1873|
|5||The Indian Penal Code Amendment Act, 1882||8||1882|
|6||The Code of Criminal Procedure, 1882||10||1882|
|7||The Indian Criminal Law Amendment Act, 1886||10||1886|
|8||The Indian Marine Act, 1887||14||1887|
|9||The Metal Tokens Act, 1889||1||1889|
|10||The Indian Merchandise Marks Act, 1889||4||1889|
|11||The Cantonments Act, 1889||13|
|12||The Indian Railways Act, 1890||9|
|13||The Indian Criminal Law Amendment Act, 1891||10|
|14||The Amending Act, 1891||12|
|15||The Indian Criminal Law Amendment Act, 1894||3|
|16||The Indian Criminal Law Amendment Act, 1895||3|
|17||The Indian Penal Code Amendment Act, 1896||6||1896|
|18||The Indian Penal Code Amendment Act, 1898||4||1898|
|19||The Currency-Notes Forgery Act, 1899||12||1899|
|20||The Indian Penal Code Amendment Act, 1910||3||1910|
|21||The Indian Criminal Law Amendment Act, 1913||8||1913|
|22||The Indian Elections Offences and Inquiries Act, 1920||39||1920|
|23||The Indian Penal Code (Amendment) Act, 1921||16|
|24||The Indian Penal Code (Amendment) Act, 1923||20|
|25||The Indian Penal Code (Amendment) Act, 1924||5|
|26||The Indian Criminal Law Amendment Act, 1924||18|
|27||The Workmen’s Breach of Contract (Repealing) Act, 1925||3|
|28||The Obscene Publications Act, 1925||8|
|29||The Indian Penal Code (Amendment) Act, 1925||29|
|30||The Repealing and Amending Act, 1927||10|
|31||The Criminal Law Amendment Act, 1927||25|
|32||The Repealing and Amending Act, 1930||8|
|33||The Indian Air Force Act, 1932||14|
|34||The Amending Act, 1934||35|
|35||The Government of India (Adaptation of Indian Laws) Order, 1937||N/A||1937|
|36||The Criminal Law Amendment Act, 1939||22|
|37||The Offences on Ships and Aircrafts Act, 1940||4|
|38||The Indian Merchandise Marks (Amendment) Act, 1941||2|
|39||The Indian Penal Code (Amendment) Act, 1942||8|
|40||The Indian Penal Code (Amendment) Act, 1943||6|
|41||The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948||N/A||1948|
|42||The Criminal Law (Removal of Racial Discriminations) Act, 1949||17|
|43||The Indian Penal Code and the Code of Criminal Procedure (Amendment) Act, 1949||42||1949|
|44||The Adaptation of Laws Order, 1950||N/A||1950|
|45||The Repealing and Amending Act, 1950||35|
|46||The Part B States (Laws) Act, 1951||3|
|47||The Criminal Law Amendment Act, 1952||46|
|48||The Repealing and Amending Act, 1952||48|
|49||The Repealing and Amending Act, 1953||42|
|50||The Code of Criminal Procedure (Amendment) Act, 1955||26|
|51||The Adaptation of Laws (No.2) Order, 1956||N/A||1956|
|52||The Repealing and Amending Act, 1957||36|
|53||The Criminal Law Amendment Act, 1958||2|
|54||The Trade and Merchandise Marks Act, 1958||43|
|55||The Indian Penal Code (Amendment) Act, 1959||52|
|56||The Indian Penal Code (Amendment) Act, 1961||41|
|57||The Anti-Corruption Laws (Amendment) Act, 1964||40|
|58||The Criminal and Election Laws Amendment Act, 1969||35|
|59||The Indian Penal Code (Amendment) Act, 1969||36|
|60||The Criminal Law (Amendment) Act, 1972||31|
|61||The Employees’ Provident Funds and Family Pension Fund (Amendment) Act, 1973||40|
|62||The Employees’ State Insurance (Amendment) Act, 1975||38|
|63||The Election Laws (Amendment) Act, 1975||40|
|64||The Criminal Law (Amendment) Act, 1983||43|
|65||The Criminal Law (Second Amendment) Act, 1983||46|
|66||The Dowry Prohibition (Amendment) Act, 1986||43|
|67||The Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988||33|
|68||The Prevention of Corruption Act, 1988||49|
|69||The Criminal Law (Amendment) Act, 1993||42|
|70||The Indian Penal Code (Amendment) Act, 1995||24|
|71||The Information Technology Act, 2000||21||2000|
|72||The Election Laws (Amendment) Act, 2003||24||2003|
|73||The Code of Criminal Procedure (Amendment) Act, 2005||25||2005|
|74||The Criminal Law (Amendment) Act, 2005||2||2006|
|75||The Information Technology (Amendment) Act, 2008||10||2009|
|76||The Criminal Law (Amendment) Act, 2013||13||2013|
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. Nicholas Phillips, Justice of Supreme Court of United Kingdom applauded the efficacy and relevance of IPC while commemorating 150 years of IPC. Modern crimes involving technology unheard of during Macaulay's time fit easily within the Code mainly because of the broadness of the Code's drafting.
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 420 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.
- Universal's Guide to Judicial Service Examination. Universal Law Publishing. p. 2. ISBN 9350350297.
- Lal Kalla, Krishan. The Literary Heritage of Kashmir. Jammu and Kashmir: Mittal Publications. p. 75. Retrieved 19 September 2014.
- "Law Commission of India - Early Beginnings". Law Commission of India. Retrieved 19 September 2014.
- Lal Kalla, Krishan. The Literary Heritage of Kashmir. Jammu and Kashmir: Mittal Publications. p. 75. Retrieved 19 September 2014.
- "history of IPC is provided in comments".
- "Preamble of IPC".
- B.M.Gandhi. Indian Panel Code (Paper Back) (2013 ed.). EBC. pp. 1–832. ISBN 8170128927.
- B.M.Gandhi. Indian Penal Code. EBC. pp. 1–796. ISBN 8170128927.
- "Delhi High Court reinterprets the Sec. 377".
- "Supreme Court sets aside Delhi HC verdict decriminalising gay sex".
- Times of India (22 September 2011). "Attempt to commit suicide may cease to be crime soon". Retrieved 11 February 2012.
- "Narendra v. State of Rajasthan". SCC 10: (2014) 10 SCC 248. 2014-09-02.
- "Government to decriminalise attempted suicide - The Hindu".
- Editors, Legal. "Government decides to decriminalise attempt to Suicide". blog.scconline.com. Retrieved 2015-07-01.
- "IPC Reform Committee recommends separation of investigation from prosecution powers (pdf)" (PDF). Retrieved 2012-05-23.
- Parliament of India. "The Indian Penal Code" (PDF). childlineindia.org.in. Retrieved 7 June 2015. This article incorporates text from this source, which is in the public domain.
- The Indian Penal Code, 1860. Current Publications. 7 May 2015. Retrieved 8 June 2015.
- "IPC's endurance lauded".
- Henry Scholberg, The return of the Raj: a novel, 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, The Great Indian Laughter Challenge – Jokes Book, Popular Prakashan, ISBN 978-81-7991-343-7,
... Tazeerat-e-hind , dafa 302 ke tahat, mujrim ko maut ki saza sunai jaati hai ...
- Alok Tomar, Monisha Shah, Jonathan Lynn, Ji Mantriji: The diaries of Shri Suryaprakash Singh, Penguin Books in association with BBC Worldwide, 2001, ISBN 978-0-14-302767-6,
... we'd have the death penalty back tomorrow. Dafa 302, taaziraat-e-Hind ... to be hung by the neck until death ...
- D. P. Mishra, Great masters of Indian cinema: the Dadasaheb Phalke Award winnersGreat Masters of Indian Cinema Series, Publications Division, Ministry of Information and Broadcasting, Government of India, 2006, ISBN 978-81-230-1361-9,
... Badti Ka Naam Dadhi ( 1975), Chhoti Si Baat ( 1975), Dafa 302 ( 1 975), Chori Mera Kaam ( 1975), Ek Mahal Ho Sapnon Ka (1975) ...
- Shree 420 on IMDB
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