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Thread: Indian Penal Code, 1860

  1. #1
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    Default Indian Penal Code, 1860

    Indian Penal Code is a document that covers almost all the crime happening in the society. It is a piece of British colonial legislation dating from 1860. Now it provides a penal code for all of India. The code applies to any offence committed by an Indian Citizen anywhere and on any Indian registered ship or aircraft. The Indian Penal Code came into force in 1862 and is regularly amended, such as to inc aspects of the Criminal Law. The nature of these have led to allegations of abuse of those laws.

    After independence, Indian Penal Code was inherited by Pakistan(now called Pakistan Penal Code) and Bangladesh, formerly part of British India. It was also adopted wholesale by the British colonial authorities in Burma, Sri Lanka, Malaysia, Singapore and Brunei, and remains the basis of the criminal codes in those countries.

    The draft of the Indian Penal Code was prepared by the First Law Commission. It was chaired by Lord Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone's Code of Louisiana. The draft underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and puisne Judges of the CalcuttaSupreme Court who were members of the Legislative Council, and was passed into law in 1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law.
    Though it is principally the work of a man who had hardly held a brief, and whose time was devoted to politics and literature, it was universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author. For example even cyber crimes can be punished under the code.

  2. #2
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    Default Section 1 - Title and extent of operation of the Code

    This Act shall be called the Indian Penal Code, and shall 3[extend to the whole of India 4[except the State of Jammu and Kashmir].]

  3. #3
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    Default Section 2 - Punishment of offences committed within India

    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 5[India] 6[***].

  4. #4
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    Default Section 3 - Punishment of offences committed beyond but which by law may be tried within India

    Any person liable, by any 7[Indian law] to be tried for an offence committed beyond 8[India] shall be dealt with according to the provisions of this Code for any act committed beyond 8[India] in the same manner as if such act had been committed within 5[India].

  5. #5
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    Default Section 4 - Extension of Code to extra-territorial offences

    The provisions of this Code apply also to any offence committed by-

    10[(1) any citizen of India in any place without and beyond India;

    (2) any person on any ship or aircraft registered in India wherever it may be.]

    Explanation- In this section the word "offence" includes every act committed outside 2[India] which, if committed in 2[India], would be punishable under this Code.

    11[Illustration]

    12[***] A, 13[who is 14[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 2[India] in which he may be found.

    15[***]
    16[5. Certain laws not to be affected by this Act

    Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.]

  6. #6
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    Default Section 6 - Definitions in the Code to be understood subject to exceptions

    Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions", though these exceptions are not repeated in such definition, penal provision, or illustration.

    Illustrations

    (a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.

    (b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement for he was bound by law to apprehend Z and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it".

  7. #7
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    Default Section 7- Sense of expression once explained

    Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.

  8. #8
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    Default Section 8- Gender

    The pronoun "he" and its derivatives are used of any person, whether male or female.

  9. #9
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    Default Section 9. Number

    Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

  10. #10
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    Default Section - 10. "Man", "Woman"

    The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age.

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