Indian Penal Code

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The Indian Penal Code, 1860
Star of the Order of the Star of India (gold).svg
Imperial Legislative Council
  • An Act to provide a general penal code for India
Citation Act No. 45 of 1860
Territorial extentFlag of India.svg  India
Enacted by Imperial Legislative Council
Enacted6 October 1860
Assented to6 October 1860
Commenced1 January 1862
Committee report First Law Commission
Amended by
see Amendments
Related legislation
Code of Criminal Procedure, 1973
Status: Repealed

The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was replaced by Bharatiya Nyaya Sanhita in December 2023. It was a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first Law Commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Lord Thomas Babington Macaulay. [1] [2] [3] It came into force on the subcontinent during the British rule 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.

Contents


On 11 August 2023, the Government introduced a Bill in the Lok Sabha to replace the Indian Penal Code with a draft Code called the Bharatiya Nyaya Sanhita (BNS). [4]

History

The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Lord Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1835. Based on a simplified codification of the law of England at the time, elements were also derived from the Napoleonic Code and 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. [5] The code came into operation on 1 January 1862. Lord Macaulay did not survive to see the penal code he wrote come into force, having died near the end of 1859. The code came into force in Jammu and Kashmir on 31 October 2019, by virtue of the Jammu and Kashmir Reorganisation Act, 2019, and replaced the state's Ranbir Penal Code. [6]

Objective

The objective of this Act is to provide a general penal code for India. [7] Though not the 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 done 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.

Structure

The Indian Penal Code of 1860, subdivided into 23 chapters, comprises 511 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: [8]

INDIAN PENAL CODE, 1860 (Sections 1 to 511)
ChapterSections coveredClassification of offences
Chapter ISections 1 to 5Introduction
Chapter IISections 6 to 52General Explanations
Chapter IIISections 53 to 75Of Punishments
Chapter IVSections 76 to 106General Exceptions

of the Right of Private Defence (Sections 96 to 106)

Chapter VSections 107 to 120Of Abetment
Chapter VASections 120A to 120B Criminal Conspiracy
Chapter VISections 121 to 130Of Offences against the State
Chapter VIISections 131 to 140Of Offences relating to the Army, Navy and Air Force
Chapter VIIISections 141 to 160Of Offences against the Public Tranquillity
Chapter IXSections 161 to 171Of Offences by or relating to Public Servants
Chapter IXASections 171A to 171IOf Offences Relating to Elections
Chapter XSections 172 to 190Of Contempts of Lawful Authority of Public Servants
Chapter XISections 191 to 229Of False Evidence and Offences against Public Justice
Chapter XIISections 230 to 263Of Offences relating to coin and Government Stamps
Chapter XIIISections 264 to 267Of Offences relating to Weight and Measures
Chapter XIVSections 268 to 294Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals.
Chapter XVSections 295 to 298Of Offences relating to Religion
Chapter XVISections 299 to 377Of 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 and Sodomy (Sections 375 to 377)
Chapter XVIISections 378 to 462Of 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 XVIIISection 463 to 489 -EOffences 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 XIXSections 490 to 492Of the Criminal Breach of Contracts of Service
Chapter XXSections 493 to 498Of Offences related to marriage
Chapter XXASections 498AOf Cruelty by Husband or Relatives of Husband
Chapter XXISections 499 to 502Of Defamation
Chapter XXIISections 503 to 510Of Criminal intimidation, Insult and Annoyance
Chapter XXIIISection 511Of Attempts to Commit Offences

A detailed list of all IPC laws which include above is here. [9]

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 shall also be liable to fine.

Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. [10]

Attempt to Commit Suicide - Section 309

The Section 309 of the Indian Penal Code deals with suicide attempts, whereby attempting to die by suicide is punishable with imprisonment of up to one year. Considering long-standing demand and recommendations of the Law Commission of India, which has repeatedly endorsed the repeal of this section, the Government of India in December 2014 decided to decriminalise attempts to die by suicide by dropping Section 309 of the IPC from the statute book. In February 2015, the Legislative Department of the Ministry of Law and Justice was asked by the Government to prepare a draft Amendment Bill in this regard. [15]

In an August 2015 ruling, the Rajasthan High Court made the Jain practice of undertaking voluntary death by fasting at the end of a person's life, known as Santhara, punishable under sections 306 and 309 of the IPC. This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the Supreme Court against the order. [16] [17] On 31 August 2015, the Supreme Court admitted the petition by Akhil Bharat Varshiya Digambar Jain Parishad and granted leave. It stayed the decision of the High Court and lifted the ban on the practice.

In 2017 the new Mental Healthcare Act of India was signed. Section 115(1) of the act effectively decriminalised suicide, saying "anyone who attempts suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code."

Adultery - Section 497

The Section 497 of the Indian Penal Code has been criticised on the one hand for allegedly treating women as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery. [18] [19] This section was unanimously struck down on 27 September 2018 by a five-judge bench of the Supreme Court in case of Joseph Shine v. Union of India as being unconstitutional and demeaning to the dignity of women. Adultery continues to be a ground for seeking divorce in a Civil Court, but is no longer a criminal offence in India.

Death penalty

Sections 120B (criminal conspiracy), 121 (war against the Government of India), 132 (mutiny), 194 (false evidence to procure conviction for a capital offence), 302, 303 (murder, has been declared unconstitutional in the case of Mittu Singh vs State of Punjab), 305 (abetting suicide), 364A (kidnapping for ransom), 396 (dacoity with murder), 376A (rape), 376AB (rape on woman under twelve years of age), 376DB (gang rape on woman under twelve years of age), and 376E (repeat offender) have the death penalty as a maximum allowable punishment. There is ongoing debate about abolishing capital punishment. [20] Still major activists are debating on this topic.

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. [21] The essence of the report was a perceived need for a shift from an adversarial to an inquisitorial criminal justice system, based on the Continental European systems.

Amendments

The code has been amended several times. [22] [23]

S. No.Short title of amending legislationNo.Year
1The Repealing Act, 1870141870
2The Indian Penal Code Amendment Act, 1870271870
3The Indian Penal Code Amendment Act, 1872191872
4The Indian Oaths Act, 1873101873
5The Indian Penal Code Amendment Act, 188281882
6The Code of Criminal Procedure, 1882101882
7The Indian Criminal Law Amendment Act, 1886101886
8The Indian Marine Act, 1887141887
9The Metal Tokens Act, 188911889
10The Indian Merchandise Marks Act, 188941889
11The Cantonments Act, 1889131889
12The Indian Railways Act, 189091890
13The Indian Criminal Law Amendment Act, 1891101891
14The Amending Act, 1891121891
15The Indian Criminal Law Amendment Act, 189431894
16The Indian Criminal Law Amendment Act, 189531895
17The Indian Penal Code Amendment Act, 189661896
18The Indian Penal Code Amendment Act, 189841898
19The Currency-Notes Forgery Act, 1899121899
20The Indian Penal Code Amendment Act, 191031910
21The Indian Criminal Law Amendment Act, 191381913
22The Indian Elections Offences and Inquiries Act, 1920391920
23The Indian Penal Code (Amendment) Act, 1921161921
24The Indian Penal Code (Amendment) Act, 1923201923
25The Indian Penal Code (Amendment) Act, 192451924
26The Indian Criminal Law Amendment Act, 1924181924
27The Workmen's Breach of Contract (Repealing) Act, 192531925
29The Obscene Publications Act, 192581925
29The Indian Penal Code (Amendment) Act, 1925291925
30The Repealing and Amending Act, 1927101927
31The Criminal Law Amendment Act, 1927251927
32The Repealing and Amending Act, 193081930
33The Indian Air Force Act, 1932141932
34The Amending Act, 1934351934
35The Government of India (Adaptation of Indian Laws) Order, 19371937
36The Criminal Law Amendment Act, 1939221939
37The Offences on Ships and Aircraft Act, 194041940
38The Indian Merchandise Marks (Amendment) Act, 194121941
39The Indian Penal Code (Amendment) Act, 194281942
40The Indian Penal Code (Amendment) Act, 194361943
41The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 19481948
42The Criminal Law (Removal of Racial Discriminations) Act, 1949171949
43The Indian Penal Code and the Code of Criminal Procedure (Amendment) Act, 1949421949
44The Adaptation of Laws Order, 19501950
45The Repealing and Amending Act, 1950351950
46The Part B States (Laws) Act, 195131951
47The Criminal Law Amendment Act, 1952461952
48The Repealing and Amending Act, 1952481952
49The Repealing and Amending Act, 1953421953
50The Code of Criminal Procedure (Amendment) Act, 1955261955
51The Adaptation of Laws (No.2) Order, 19561956
52The Repealing and Amending Act, 1957361957
53The Criminal Law Amendment Act, 195821958
54The Trade and Merchandise Marks Act, 1958431958
55The Indian Penal Code (Amendment) Act, 1959521959
56The Indian Penal Code (Amendment) Act, 1961411961
57The Anti-Corruption Laws (Amendment) Act, 1964401964
58The Criminal and Election Laws Amendment Act, 1969351969
59The Indian Penal Code (Amendment) Act, 1969361969
60The Criminal Law (Amendment) Act, 1972311972
61The Employees' Provident Funds and Family Pension Fund (Amendment) Act, 1973401973
62The Employees' State Insurance (Amendment) Act, 1975381975
63The Election Laws (Amendment) Act, 1975401975
64The Criminal Law (Amendment) Act, 1983431983
65The Criminal Law (Second Amendment) Act, 1983461983
66The Dowry Prohibition (Amendment) Act, 1986431986
67The Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988331988
68The Prevention of Corruption Act, 1988491988
69The Criminal Law (Amendment) Act, 1993421993
70The Indian Penal Code (Amendment) Act, 1995241995
71 The Information Technology Act, 2000 212000
72The Election Laws (Amendment) Act, 2003242003
73The Code of Criminal Procedure (Amendment) Act, 2005252005
74The Criminal Law (Amendment) Act, 200522006
75 The Information Technology (Amendment) Act, 2008 102009
76 The Criminal Law (Amendment) Act, 2013 132013
77The Criminal Law (Amendment) Act, 2018222018
78 The Jammu and Kashmir Reorganisation Act, 2019 342019

Acclaim

The code is universally acknowledged as a cogently drafted code, ahead of its time[ citation needed ]. 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. [24] Modern crimes involving technology unheard of during Macaulay's time fit easily within the code[ citation needed ] mainly because of the broadness of the code's drafting.

Cultural references

Some references to specific sections (called dafā/dafa'a in Hindi-Urdu, دفعہ or दफ़ा/दफ़आ) of the IPC have entered popular speech in India, Pakistan and Bangladesh. For instance, con men are referred to as 420s (chaar-sau-bees in Hindi-Urdu) after Section 420 which covers cheating. [25] 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. [26] [27] Dafa 302 was also the name of a Bollywood movie released in 1975. [28] Similarly, Shree 420 was the name of a 1955 Bollywood movie starring Raj Kapoor. [29] and Chachi 420 was a Bollywood movie released in 1997 starring Kamal Haasan. [30]

See also

Related Research Articles

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Section 377A was a Singaporean law that criminalised sex between consenting adult males. It was introduced under British colonial rule in 1938 when it was added to the Penal Code by the colonial government. It remained a part of the Singapore body of law after the Penal Code review of 2007 which removed most of the other provisions in Section 377. It was subsequently repealed in its entirety in 2023.

Section 377 of the British colonial penal code criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per Supreme Court Judgement since 2018, Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years imprisonment extended to life imprisonment. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and death.

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Sallekhana, also known as samlehna, santhara, samadhi-marana or sanyasana-marana, is a supplementary vow to the ethical code of conduct of Jainism. It is the religious practice of voluntarily fasting to death by gradually reducing the intake of food and liquids. It is viewed in Jainism as the thinning of human passions and the body, and another means of destroying rebirth-influencing karma by withdrawing all physical and mental activities. It is not considered a suicide by Jain scholars because it is not an act of passion, nor does it employ poisons or weapons. After the sallekhana vow, the ritual preparation and practice can extend into years.

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Adultery was a criminal offence under Chapter XX of the Indian Penal Code until it was quashed by the Supreme Court of India on 27 September 2018 as unconstitutional. The law dated from 1860. Under Section 497 of the Indian Penal Code, which was the section dealing with adultery, a man who had consensual sexual intercourse with the wife of another man without that husband's consent or connivance could have been punished for this offence with up to five years imprisonment, a fine or both. As such, the concept of adultery targeted the act of sexual intercourse occurring between a married woman and a man other than her husband, in which case the man would be guilty whereas the wife was exempt from punishment. When a married man had sexual intercourse with an unmarried woman, no party was punishable; while if a married man had sexual intercourse with a married woman other than his wife, the married man's crime was against the husband of that married woman, not against the man's own wife towards whom he had been unfaithful. Adultery was only prosecutable upon the complaint of the aggrieved husband.

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Further reading