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GOVERNMENT OF INDIA, MINISTRY OF LAW. Page 2. Page 3. Page 4. Page 5. Page 6. Page 7. Page 8. Page 9. Page Page Page Page Punishment of offences committed beyond, but which by law may be tried within, IndiaAny person liable, by any 7*[Indian law], to be tried for an offence. [6th October, ] CHAPTER WHEREAS it is expedient to provide a general Penal Code called the Indian Penal Code, and shall 3*[extend to the whole of.

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Indian Penal Code Section 1. Title and extent of operation of the Code. Act No. 45 of This Act shall be called the Indian Penal Code, and shall. Definitions in the Code to be understood subject to exceptions. 7. 45 OF The Indian Penal Code has been extended to Berar by the Berar Laws Act. Full text containing the act, Indian Penal Code, , with all the sections, schedules, of offences committed beyond but which by law may be tried within India.

In an attempt to introduce some degree of rationality, the first Indian Law Commission of was constituted under the British Charter Act of as an investigation into the jurisdiction, powers and rules that were applied by courts that had often been hastily established and cursorily manned. He left for India in , empowered by Parliament to draft a criminal code for British India.

Needless to say, no Indians were employed. In , another commission was appointed to review the Code. This commission submitted its report in two parts; one in and the other in According to Sir H.

Compton [and others], the existing penal laws could be modified by additions and alterations, the utility or the need of which had been evinced by experience. At that point, the course of events was overtaken by the Indian Mutiny of One direct consequence of this was that in Parliament withdrew the rights and privileges of the East India Company, leading to direct British rule.

After completion of the legislative process, it was then passed to the Legislative Council of India and received the assent of the Governor-General on 6 October and came onto the Statute Book as the Indian Penal Code 45 of Instead, the codification enterprise of the first Law Commission under his controlling chairmanship was an entire reformulation of what the criminal law ought to be and a rejection of everything that was considered to be defective with the existing common law.

In the late Victorian era it was easy to make such an assumption; it was a period when Englishmen thought that the English and their institutions had reached the highest perfection and it but natural that the rest of the world and particularly the non-European part of it desired to copy them. In cases such as Goranchand and Govinda [14] dealing with the new categorization of unlawful killings as either murder or culpable homicide not amounting to murder , the judges made clear their understanding that the draftsmen of the Code had not undertaken merely to codify the existing common law using the conventional distinction between murder and manslaughter.

Further, their refusal to countenance the citation of English cases demonstrated an understanding that Macaulay and his fellow Commissioners deserved high praise for their reform of the uncertainties and ambiguities for an offence that involved capital punishment. We have derived much valuable assistance from the French Code and from the decisions of the French Courts of Justice on questions touching the construction of that Code.

We have derived assistance still more valuable from the Code of Louisiana. The mistaken belief that the Indian Penal Code must have followed the principles of the English common law has led to many difficulties—not just in India but also in the other jurisdictions that have adopted the Code.

In particular, there has been an insidious trend to incorporate later decisions of the English courts and even later English legislation, forcibly shoe-horning these into the Code structure and thus freshly creating those very inconsistencies and illogicalities that Macaulay had intended to avoid.

Macaulay fully subscribed to the Utilitarian principle that people even convicted criminals were to be treated as rational human beings.

As evidence of this, it should be noted that flogging found no place in the original draft, despite the fact that it was commonplace in contemporary England. In fact, it was only in almost 30 years after Macaulay accomplished his task and three years after the Code came into effect that flogging was returned as a punishment in India. I am firmly convinced that the style of laws is of scarcely less importance than their substance.

Indian Penal Code 1960

When we are laying down the rules according to which millions are, at their peril, to shape their actions, we are surely bound to put those rules into such a form that it shall not require any painful effort of attention or any extraordinary quickness of intellect to comprehend them.

They also go a fair way towards explaining why the draft Criminal Code for England and Wales remains only in draft form.

It should be conceded, however, that in one particular aspect Macaulay and his fellow law commissioners had an advantage not open to modern reformers. A modern code needs to secure the consent of a democratically elected legislature another reason for the failure of the draft Criminal Code to make it to the statute books and to be accepted by the general population to which it will apply. Scope: the extent to which the law will criminalize inchoate offences principally conspiracies, attempts and incitements.

The starting point was to set out the various offences, organized in a rational order. At the same time, this structure, together with the sheer detailed exposition of offences briefly indicated here , serves as a daunting model of what it meant to create a Code that has lasted for over years. It would be difficult to imagine any modern code attempting the breath and range of ambition that Macaulay achieved [38] — Part I following a brief Preamble : Dealing with the extent of operation of the Code, as well as exemptions and including extra-territorial offences.

Part III: Punishments—needless to say, it is this part of the Code where a number of major amendments have been made.


This part does not prescribe the specific punishment for each specific offence but explains certain basic principles such as commutation of death sentences, life imprisonment and solitary confinement. Part IV: General Exceptions—it should be noted that the exceptions defences were far greater in number, and to a more refined degree, than any that had existed in contemporary English law.

It is also remarkable that the definition of certain defences took a form that that was only achieved in English law in modern times. Another case in point is the definition of consent, that would survive any modern scrutiny. Part V: Abetment and conspiracy—the 15 detailed sections in this Part dealing with abetment represent an achievement of draftsmanship in themselves; two further offences on conspiracy were added later in Part VI: Offences against the State.

One such amendment is the inclusions of section A. The total number of sections contained in the Indian Penal Code are five hundred eleven.

All these sections pertain to a particular category of crimes committed by civilians of Indian origin. There are sections related to Dowry Laws and jurisdictions in India, as well as there are several sections that concern various types of criminal laws.

The Indian Penal Code is thus the most fundamental document of all the law enforcer as well as the entire judiciary in India.

The Indian judicial system is one that has evolved into a stable and fair system of detention and penalizing, after being tested well for several years.

Indian Penal Code, 1860

The judiciary of the country is a body of people who are given the task of execution of the laws made by the government, that is, the judiciaries of a country are its law enforcers. However, the judicial representatives cannot assess the cases of crimes or misconduct on their own perceptions or rules.

There has to be a single system or a document that acts as a standard to all the decision making process and the penalizing norms. Such a document exists in all countries and in case of India, it is referred to as The Indian Penal Code.

The Indian Penal Code is applicable to all the citizens of India who commit crimes or actions suggesting misconduct in the Indian territory. The document is applicable to ships as well as aircrafts within the Indian seas or the airspace as well. Indian penal code is the skeleton of the Indian criminal justice system.

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There are certain questions that are frequently asked by a layperson for basic understanding of rights for example, What exactly Indian Penal code is? How and when did it originate? What is its applicability?

To what extend it helps the law enforcement agencies? What is modus operandi of judges while applying the relevant sections?

These questions are answered as follows;Indian Penal Code is a document that has been formulated to counter crimes of various natures and breach of law. IPC traces its roots to theBritish colonial rule in India. IPC covers any Indian citizen or a person of Indian origin with the exceptions to any kind of military or the armed forces crimes, which are handled by a dedicated list of armed force acts. The most important feature of the Indian Penal Code is the impartial nature of judgments promoted by the document.

The Indian Penal Code does not include any special favors for any special person at some position. Thus, the Indian Penal Code stands alike for government employees, as for a common man, and even for a judicial officer.

This builds up the faith of the common citizens in the law making and enforcing bodies in the country and prevents any sort of corruption or misuse of power on the part of the people in power.

All in all, the Indian Penal Code of the present day has done away with almost all its flaws and has evolved into a modern law enforcing document that takes into consideration the humane side of the personalities of culprits as well.

This has escalated and improved the Indian system of Law to greater heights and has led to a firm respect for it in every citizen of the country.

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Importance of The Penal Code Indian Penal Code is a very important set of regulation which is very important for the system to be operated in a proper way. It is the main criminal code of India.Part XV: Offences relating to religion. The Code has since been amended several times and is now supplemented by other criminal provisions. They have a different set of laws under the Indian Penal Code as well.

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Part XIV: Offences affecting public health, safety, convenience, decency and morals; the fact that some of these offences appear anachronistic should be set against the provisions of the remaining English Offences Against the Person Act Persons accused of substantial wrongdoing ought to be afforded the protections of due process in minimum form as declared in the European Convention on Human Rights.

Quite apart from the fact that it is still the definitive statement of the criminal law in India, Pakistan, Bangladesh and Sri Lanka, it was directly applied to numerous jurisdictions in Africa Nigeria and other states in East and West Africa and Asia including modern Malaysia, Singapore and Brunei.

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