Indian Penal Code overview

By

S. UMAPATHI., IPS, (Retd.) IGP , i/c A.P. Police

Email: umapathi_sattaru@yahoo.com

Cell: 9440700900; 040-24593118

Give me a boon to hide my un-accounted wealth from CBI / IT

Police officer worried at receiving a new voluminous case for investigation.

Subordinate Officer calling a Doctor and tell the senior officer not to worry

Criminal Justice System

Police

Judiciary Prosecution

Prisons and Correctional services

Forensic Services

Certain Jurisprudence Principles

i. ‘salus populi est suprema Lex’ The welfare of the people is Supreme Law.

ii. ‘Ignorancia juris neminum non excusat’

Ignorance of Law is no excuse

i. ‘Autrefois convict, ‘autrefois acquit’

Person once convicted or acquitted not to be trial for the same offence (Sec.300 Cr.PC)

i. ‘nemo debit bis vexari A man must not be put twice in peril for the same offence (Art 20 (2) of the Constitution)

Art. 14 all are equal before law

Principle of equality

State brief for those who cannot afford a legal counsel

Audi alteram partem .Hear both the sides

Doctrine of public interest litigation (PIL)

Same Jail,

Liability of Prosecutor and Investigating Officer

in State of Gujarat Vs Kishanbai in Crl. Appeal No. 1485 of 2008 dt: 07.01.2014, the Supreme Court directed every State Government should put in place a procedural mechanism to review all acquittals and each erring officer must suffer the consequences of his lapses by appropriate departmental action

Finding Truth

In Joshinder Yadav Vs State of Bihar in Crl. Appeal

259 of 2009 held that in a criminal trail the Investigation Officer, the prosecutor and the Court play a very important role. The Courts prime duty is to find out the TRUTH. The I.O., the prosecutor and the Court must work in synchronization and ensure that the guilty are punished , brining on record adequate credible evidence. If the I.O. fumbles, the prosecutor must pull him up and take necessary steps to rectify the lacunae.

Synergy of three major Acts IPC (511 Sections) provides the ingredients of criminal

offences and exceptions.

Cr.PC (484 Sections) provides for procedure for investigation trial, Judgement, Appeal, compounding etc.,

IE Act (167 Sections) provides for what type of evidence admissions, relevancy, admissible or not , certain presumptions, oral, documentary and electronic evidence.

Indian Penal Code 1860 Over view

Drafted by Lord Macaulay in 1837 and enacted in 1860.

Has 511 sections with 23 chapters

Latest amendment was in 2013 (following Nirbhaya case)

Wider arena of law w.r. to crime against women and children, role of Police in registration of F.I.Rs

Every ‘person’ is liable to punishment

Except diplomatic agents who enjoy immunity from the Criminal Jurisdiction of the receiving State.

Indian Penal Code 1860 Over view contd……

Extension of code to extra- Territorial offences ( Sec.3 read with 188 Cr.PC)

The pronoun ‘he’ and its derivatives are used of any person whether male / female. (Sec.8)

The word ‘person’ includes any company or Association or body of persons ( Sec.11)

The word ‘public’ includes any class of the public or any community ( Sec. 12)

“Public Servant” Sec. 21 IPC

a) 21 (12 (a) Every person in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government.

b) Every person in the service or pay of a local authority, a corporation established by or under central, provincial or State Act or a Government company.

Definitions encompassing white collar crime

Wrongful gain (sec.23),

Dishonestly ( Sec. 24)

Fraudulently ( Sec.25)

Counterfeit Currency ( Sec. 28)

Document ( 29)

Electronic record (29 A)

Valuable security (Sec.30)

Common intention vs. common object

Common intention u/s 34 IPC and common object u/s 149 IPC.

While Sec. 149 Cr.PC gives preventive jurisdiction

Difference betn.sec. 34 & 149 IPC

Sec. 34 IPC

Common intention has to be judged by part played by all the accused , nature of injuries inflicted and the surrounding circumstances.

While Sec.34 does not by itself create any specific offence, Sec. 149 IPC does so.

While participation in physical violence is necessary u/s 34 IPC, Sec. 149 IPC envisages mere membership.

While Sec.34 IPC does not fix a min no. of persons who must share common intention, Sec. 149 IPC requires presence of at least five persons.

Definition of offence

“offence “ (Sec. 40 IPC) denotes a thing made punishable by this code

Facts and circumstances of the case

Intention-Preparation-Commission

General exceptions

GENERAL EXCEPTIONS (Sec.76-106 IPC)

Secs. 76 to 106 have the effect of converting an

offence in to a non offence

They are of universal nature

They apply to the definition of every offence contained in the code

The burden of proof is on the person who wants to take advantage of a particular exception

Genl. Expns… Judicial Acts

Sec.77.Act of judge when acting judicially – good faith – belief that the power is given to him

Sec.78.Act done pursuant to the judgment or order of Court -belief that the Court has such jurisdiction

Genl. Expns… Mistake of fact

bona fide intention manifested by the circumstances is the essence

Sec.76. Act done by a person bound, or by mistake of fact believing himself bound, by law – Ex: police Constable opening fire under the order of his superior officer. PC has committed no offence

Sec.79.Act done by a person justified, or by mistake of fact believing himself justified, by law –Ex: a Sub-inspector catching hold of a person whom he believes that the person is about to commit murder. SI commits no offence.

Genl. Expns…Accident

80. Accident in doing a lawful act

It exempts the doer of an innocent or lawful act in an innocent or lawful manner and with out any criminal intention or knowledge from any unforeseen evil result that may ensure from accident or misfortune

Ex:- while Bhim Rao was working with a hatchet, the head flies off and kills a man who is standing by. Bhim Rao’s is act is excusable and not an offence if he has taken proper precautions.

Genl. Expns… Absence of criminal intent

81.Act likely to cause harm, but done without criminal intent, and to prevent other harm – mens rea

Ex:- fire man pulling down houses to prevent fire from spreading. No offence

82.Act of a child under seven years of age- no offence – age of accused to be proved

Ex:- A child throwing a burning fire wood on hay-stack – resulting in loss to another person - no offence

Genl. Expns… Absence of criminal intent contd

83.Act of a child above seven and under twelve of immature understanding –child has not attained sufficient maturity of under standing to judge the nature and consequences of his conduct

Ex:- when Suraj came with a knife to nine year old child’s house and tried to attack his mother the child hit him with a pounder. No offence

84.Act of a person of unsound mind- said to be non compos mentis – not of sound mind (an idiot / illness / lunatic or a mad man / who is drunk )

the four different unsound mind matters need to be proved.

Genl. Expns. Absence of criminal intent contd.

85. Act of a person incapable of judgment by reason of intoxication administered to him without his knowledge or against his will

u/s 85 a person will be exonerated from liability for doing an act while in a state of intoxication if he at the time of doing it is incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law.

Voluntary drunkenness is no excuse for the commission of crime

86. Offence requiring a particular intent or knowledge committed by one who is intoxicated.

Genl. Expns… Absence of criminal intent contd..

92.Act done in good faith for benefit of a person without consent

Ex:- A surgeon performs operation on a child who suffered an accident with out consulting his parents - good faith – for the benefit of the child

93.Communication made in good faith – for the benefit of the person to whom it is made.

Ex:- a surgeon in good faith communicates to a patient his opinion that it is very difficult to survive. Patient dies of shock.

Genl. Expns… Absence of criminal intent contd..

94. Except murder and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, Act to which a person is compelled by threats

Ex:- Bhim Rao was forced by Ramji under threat of instant death to throw a dead body. Bhim rao can not be charged for abetment .

Genl. Expns. Consent

87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

Ex:- injuries caused during wrestling, fencing, racing

90. Consent known to be given under fear or misconception

1. by a person under fear of injury

2. by a person under misconception of fact

3. by a person of an unsound mind

4. by a person who is intoxicated

5. by a person under 12 years of age

Ex. In a prosecution for rape obtaining the consent of the Prosecutrix by exercising deceit can not be a legitimate defence to exculpate the accused

Genl. Expns… Trifling Acts…

91. Exclusion of acts which are offences independently of harm caused. Ex. causing miscarriage ( unless in good faith or to save life)

The exceptions in Sec 87, 88, and 89 donot extend to acts which are offences independently of any harm which they may cause to the person giving consent, or on whose behalf the consent is given.

95. Act causing slight harm that no person of ordinary temper would complain of such harm

Genl. Expns… Good faith

88. Act not intended to cause death, done by consent in good faith for person's benefit.

Ex: a surgeon knowing that a particular operation is risky, likely to cause death of the patient performs the operation with the consent. But patient succumbs. No offence.

89. Act done in good faith by guardian for benefit of child under 12 yrs or of insane person consenting the infliction of harm.

Ex: guardian asking the surgeon to operate on a child suffering from big size kidney stone that is risky.

Genl. Expns… Right of Private Defence (R.P.D)

96.Things done in private defence 97. Right of private defence of the body and of property

98. Right of private defence against the act of a person of unsound mind, etc.

99.Act against which there is no right of private defence. Extent to which the right may be exercised When the right of private defence of the body extends to causing death

100. When the right of private defence of the body extends to causing death

101. When such right extends to causing any harm other than death

R.P.D contd…

102. Commencement and continuance of the right of private defence of the body.

103. When the right of private defence of property extends to, causing death

104. When such right extends to causing any harm other than death

105. Commencement and continuance of the right of private defence of property.

106. Right of private defence against deadly

Right of private defence:sec 96 It is neither a right of aggression nor of reprisal

No RPD where there is no apprehension of danger

RPD is available only when suddenly confronted with necessity of averting an impending danger not of self creation

Right is not available if there is sufficient time for recourse to public authorities

Not to cause more harm than that is necessary

Reasonable apprehension of death or grievous hurt to person or damage to property.

RPD : Sec 97 Self preservation of one’s life is necessary

concomitant of right of life in Art 21-fundamental in nature , sacred, precious and inviolable

RPD to defend his own body or body of any other person against any offence affecting human body

RPD ( property) against theft, robbery, mischief or criminal trespass or attempts

AGGRESSOR HAS NO RPD

RPD: Sec 98 against act of a person of unsound mind Unsound mind, intoxication of person

doing the act, or by reason of any misconception

Ex. Bhimji enters by night his own house where his friend vinod in good faith, attacks him presuming him to be a house breaker. Vinod excercised RPD. bhimji also has RPD to resist

Sec 99 Act against which no RPD

Where a public servant acts irregularly in the exercise of his powers, and not where he acts outside the scope of his powers

Ex. Police officer arresting a person or searching a house without authority, municipal staff seizing push carts,

Such persons can take recourse to the protection of public authorities

If the act of public servant is ultra vires RPD may be exercised against him

Sec 100 RPD of body extends to causing death

A person’s RPD to the voluntary causing of death or of any other harm to the assailant

1. reasonable apprehension that death or 2.grievous hurt will other wise be the consequence of such assault

3.an assault with intention of committing rape / 4.gratifying un natural lust

5.an assault with intention of kidnapping or abducting

6.an assault with the intention of wrongfully confining a person who will not have recourse to public authorities for his release

Proof of preponderance of probabilities is sufficient

Sec 101 right extends to causing any harm other than death

Any harm short of death can be inflicted in exercising the RPD in any case which does not fall within the provisions of Sec 100

Whoever exceeds is punishable.

ex : a person opening fire on receiving a stone hit resulting in a bleeding injury

Sec 102: commencement and continuation of RPD of body

It commences and continues as long as danger to body lasts.

There must be an attempt or threat and consequent apprehension of danger.

It is not necessary that the party exercising right must have suffered some injury at the hands of attackers.

No right to inflict harm for the past acts

Sec 103: RPD of property extends to causing death

Robbery

House-breaking by night

Mischief by fire committed on any building, tent or vessel used as a human dwelling or as a place for custody of property

Theft, mischief or house trespass- apprehension of death or grievous hurt.

Sec 104:right of property extends to causing any harm other than death

Applies in cases where an injury (but not death) is inflicted in the course of his committing the offences of theft, mischief, or criminal trespass

Sec 105: commencement and continuance of RPD of Property

RPD commences when a reasonable apprehension of danger to property commences.

Till the offender has retreated with property

Till the assistance of public authorities is obtained

Till the property has been recovered

A recapture of stolen property ,while it is being carried away, is authorized

Sec106: RPD against deadly attack when risk of harm to innocent person

Bhimji is attacked by a mob who attempt to murder him. He cannot effectually exercise his RPD without firing on mob, and he can not fire without risk of harming young children who are mingled with the mob.

Bhimji commits no offence if by firing, he harms any of the children

Property offences…over view

Sec 378/ 379 IPC: Theft

Sec 380 IPC : Theft in dwelling house

Sec 382 IPC : theft after preparation made for causing death , hurt

Sec 384 IPC : Extortion

Sec 390 / 392 IPC : Robbery- voluntarily causing death or hurt or wrongful restraint while committing theft

Sec 395 IPC: Dacoity- five or more persons conjointly commit or attempt to commit robbery

Sec 396 IPC: Dacoity with murder

Sec 400 IPC: Punishment for belonging to gang of dacoits

Chapter V ( Abetment Sec. 107 to 120)

Very Important Legal aspect

Instigating any person to do a thing

Engaging with one or more person in any conspiracy for doing that thing.

Intentionally aids, by any act or illegal omission the doing of that thing.

1.Ex:-Harshad Mehta Bank Scam:- High level office bearers, Managers are involved

Ex:- CMD of UCO Bank, its GM facilitating Mehta to obtain Rs. 40 Crore. 5 banks Officers are charged and convicted. Harshad Mehta died

Contd…..

2.Ex:- illicit liquor trade of Kerala – mixing of poisonous Methyl spirit - 48 accused faced trial . Convicted with life imprisonment for causing death of 31 people and blindness to 500 persons.

3.Obulapuram mining case : CBI filed Charge Sheet for environmental degradation and illegal mining in AP and Karnataka - Disposal of forest land or land under de-notification.

4.High Court of Karnataka set aside the Government notification as it suffered from jurisdictional error and violative or principles of natural justice.

Offences against the State (Chapter VI) (Ex: Mohd.Ajmal Kasab case)

Assembly of 5 or more persons with common object to over awe by criminal force,

to resist the execution of any law,

to commit any mischief or criminal trespass by show of criminal force obtaining possession of any property becomes unlawful assembly

Sec. 149 IPC is added to other section of law if offence is committed pursuant to the common object.

Chapter IX ( offences by or relating to Public Servant )

Sec. 166 A IPC : A Public servant

(a) knowingly disobeys any direction of the law

(b)Knowingly disobeys any directions of the law

(c) fails to record FIR u/s 154 Cr.PC in acid attack (Sec. 326 A, 326 B IPC ) or assault or use of criminal force to a woman with intent to outrage her modesty ( Sec. 354 IPC), intent to disrobe a woman ( Sec. 354 B IPC ) Trafficking is persons ( Sec. 370/ 370 A IPC ) rape case u/s 376, 376A, 376B (Marital rape) , 376C (Person in authority), 376D (gang rape), Sec. 376 E (Repeat offence of rape) and 509 IPC (uttering word or gesture intended to insult the modesty of a woman ( Cognizable –Bailable).

Sec. 166 B IPC Punishment for non-treatment of rape / acid attack victims ( Hospital i/c refusing to treat)

Law on adulterated foods / drinks/ drugs.

In U.P and west Bengal Sec. 272 to 276 are cognizable non-bailable trial by sessions Judge, Punishable with like imprisonment

Assault or Public Servant

Sec. 186 IPC (Obstructing Public Servant in discharge of public functions : non-cognizable / Bailable

Sec. 353 IPC ( Assault or use of criminal force to deter Public servant from discharge of his duty (cognizable / non-bailable )

Sec.332 IPC ( voluntarily causing hurt defined u/s 319 IPC ) to deter a public servant from discharging his duly (cognizable / non-bailable/ non compoundable )

Sec. 333 IPC (voluntarily causing grievous hurt defined us/ 320 IPC ) to deter a Public Servant. cognizable / non-bailable/sessions trial as punishment is up to 10 yrs and fine and non compoundable.

Dowry related / Harassment cases

Sec.498 A IPC Husband or relative of husband of a woman subjecting her to cruelty (‘ relative’ is not defined in the code)

Sec. 304 B IPC : causing death of married woman within seven years of her marriage by subjecting her to cruelty or harassment by her husband or any relative of her husband

Sec 509 IPC: word, gesture, or act intended to insult the modesty of a woman.

Offences relating to Road / River accidents

1) Rash driving or riding in a public way (Sec. 279 IPC Cognizable/bailable

2) Sec. 280 IPC (Rash navigation of a vessel) Cognizable / Bailable .

3) Sec. 337 IPC (causing Hurt by act endangering life or public safety of others Cognizable/bailable /compoundable

4) Sec. 338 IPC (causing grievous hurt by act endangering life or personal safety of others Cognizable/bailable /compoundable

5) Sec. 304 A IPC causing death by negligence 2 yrs or fine Cognizable/bailable / non-compoundable

Bodily Offences

Murder (Sec. 302 IPC )

Punishment for culpable homicide not amounting to murder (Sec. 304 IPC)

Abetment to suicide (Sec. 306 IPC)

Attempt to murder (Sec. 307 IPC)

Voluntarily causing ‘ hurt’ by dangerous weapons or means (Sec. 324 IPC)

Voluntarily causing ‘ grievous hurt’ by dangerous weapons or means

Voluntarily causing ‘ grievous hurt’ by use of acid (Sec. 326 A IPC)

Voluntarily throwing or attempt to throw acid (Sec. 326 B IPC)

Sexual harassment of women Sec. 354 Assault or criminal force to woman

with intent to outrage her modesty.

Sec.354 A Sexual harassment and punishment for sexual harassment

Sec.354B Assault or use of criminal force to woman with intent of disrobe

Sec.354 C Voyeurism

Sec.354 D Stalking

Sexual Offences

Sec.376 IPC punishment

Sec.376 A IPC Punishment for causing death or resulting in persistent vegetative state of victim

Sec.376 B IPC Sexual intercourse by husband upon his wife during separation

Sec.376 C IPC Sexual intercourse by a person in authority

Sec.376 D IPC Gang Rape

Sec.376 E IPC punishment for repeat offenders

White collar crime

Sec 403 IPC: Dishonest misappropriation of property

Sec 406 IPC: Criminal breach of trust

Sec 415/ 420 IPC: cheating

Sec 463 to 470 IPC : Forgery

Sec 477 A IPC: Falsification of accounts

Sec 499 A to E IPC: FICN cases

Intention

Preparation

Commission

Ingredients of offences

Good faith

Rashness / negligence

Good will / ill will

State of body / state of mind

Wrongful loss / wrongful gain

Physical facts / psychological facts

Thank You for your kind attention

Actionable Research Changed the

Social Fabric of Indian Society