Monday, December 17, 2018

INDIAN PENAL CODE., 1860



INDIAN PENAL CODE.

INDIAN PENAL CODE.
INDIAN PENAL CODE., 1860


INDIAN PENAL CODE, 1860 (Sections 1 to 511)
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 Defense (Sections 96 to 106)
Chapter V
Sections 107 to 120
Of Abatement
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 Tranquility
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 Contempt 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.
·         Of Offences Affecting Life including murder, culpable homicide (Sections 299 to 311)
·         Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births (Sections 312 to 318)
·         Of Hurt (Sections 319 to 338)
·         Of Wrongful Restraint and Wrongful Confinement (Sections 339 to 348)
·         Of Criminal Force and Assault (Sections 349 to 358)
·         Of Kidnapping, Abduction, Slavery and Forced Labour (Sections 359 to 374)
·         Sexual Offences including rape (Sections 375 to 376)
·         Of Unnatural Offences (Section 377)
Chapter XVII
Sections 378 to 462
Of Offences Against Property
·         Of Theft (Sections 378 to 382)
·         Of Extortion (Sections 383 to 389)
·         Of Robbery and Dacoity (Sections 390 to 402)
·         Of Criminal Misappropriation of Property (Sections 403 to 404)
·         Of Criminal Breach of Trust (Sections 405 to 409)
·         Of the Receiving of Stolen Property (Sections 410 to 414)
·         Of Cheating (Section 415 to 420)
·         Of Fraudulent Deeds and Disposition of Property (Sections 421 to 424)
·         Of Mischief (Sections 425 to 440)
·         Of Criminal Trespass (Sections 441 to 462)
Chapter XVIII
Section 463 to 489 -E
Offences relating to Documents and Property Marks
·         Offences relating to Documents (Section 463 to 477-A)
·         Offences relating to Property and Other Marks (Sections 478 to 489)
·         Offences relating to Currency Notes and Bank Notes (Sections 489A to 489E)
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

              


INDIAN PENAL CODE.
INDIAN PENAL CODE., 1860


THE INDIAN PENAL CODE, 1860

GENERAL INTRODUCTION

THE Indian Penal Code extends to the whole of India except the State of Jammu & Kashmir. The word ‘Crime’ has not been defined in the Indian Penal Code. The Criminal Law of India has, thus, been codified in the Indian Penal Code.  The main object of the Indian Penal Code is to provide a general Penal Code for India. Indian Penal Code (IPC) is a comprehensive code, intended to cover all substantive aspects of criminal law. The Indian Penal Code of 1860, sub-divide into twenty three chapters, comprises of five hundred & eleven sections.  In the State of Jammu & Kashmir, the Indian Penal Code is known as the ‘Ranbir Penal Code (RPC). After the departure of the British, the Indian Penal Code was inherited by Pakistan & now it is called as the ‘Pakistan Penal Code’. Even in Bangladesh, it is in force. It was also adopted by the British colonial authorities in Burma, Ceylon (now Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore & Brunei also.  Jammu & Kashmir State Ranbir Penal Code or (RPC) the main Criminal Code applicable in the Indian State of  Jammu & Kashmir, Indian Penal Code is not applicable here under the Article 370 of the Constitution of India. It came into force in 1932.



Difference between RPC & IPC

As RPC was created especially for State of Jammu & Kashmir so it has some differences from IPC. In some sections India is replaced by Jammu & Kashmir State. There are some major differences.
Sections that should be included in RPC that are already present in IPC & sections that should be removed from RPC:
 Section 195 A of IPC states that anyone who threatens a person for giving false evidence or statement should be punished whereas there is no such provision in RPC for this matter.
  • Section 304B of IPC deals with Dowry deaths as it is matter of great concern for society & law but in RPC it is even not mentioned.
  • Section 281 of IPC states that anyone who misguides a navigator by showing false light, mark or buoy should be punished under law but RPC is mum over this matter.
  • Section 153 AA of IPC states that knowingly carrying arms in a mass drill is punishable under it but RPC doesn’t state anything about this important issue.
  • Section 303 of RPC should be removed as it states that death sentence should be given to murderer if he is under life imprisonment, this section doesn’t give any heed to the circumstances under which murder was done.
  • Section 190 A of RPC states that government can punish anyone who circulates, publishes anything which is forfeited by government & it is in the hands of CM of state that whether it was seditious or not.

Sections that should be included in IPC which are already present in RPC:

  • Section 167 A of RPC states that any public servant who authorises payment to a contractor for work that is not executed as stated in contract is punishable. This section is important but whereas IPC doesn’t have any provision for this specific situation.
  • Section 204 A of RPC states punishment for obliterating (Mark for deletion, rub off, or erase) & defacing (Mar or spoil the appearance of) of evidence whereas in IPC punishment is given for only destroying the evidence.
  • Section 21 of RPC gives the scope of who considered as Public Servant Whereas IPC has certain fixed criteria for it & does not gives widen scope.
  • Section 420A of RPC states punishment for cheating with government & public authorities in performance of contract, but Indian Penal Code doesn’t have such provision for this situation.
Dates: Entry force: January 1, 1862. Adopted: October 6, 1860, & Indian Penal Code is enacted by the Legislative Council.


Thanks & Regards.



                

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