LEGAL SECTIONS

DR VISHWAJEET SINGH
CrPC SECTIONS (1861)

• 2(c) – COGNIZABLE OFFENCE= police can arrest a person without warrant from
magistrate.eg –rape , murder

• 2(l) – NON-COGNIZABLE= require warrant for arrest.

• 2(w)- SUMMON CASE= case related to an offence for which punishment is < or equal
to 2 yrs

• 2(x) – WARRANT CASE= punishment >2 yrs

CrPC SECTIONS continued…

• 53A- Rape accused examination(consent of accused not must) . For examination of accused
minimum reasonable force can be used under 53 (1) CrPC.
• 164 A- Rape victim examination(consent of victim must)
• 61-69 = deal with SUMMONS
• 174 = Police Inquest
• 176 = Magisterial Inquest
• 309 (1)- = Day to day trial of witnesses in Rape trial.
• 311- Power to recall witness.
CrPC SECTIONS continued…

• 327 = In camera trial( trial in closed, confined space with limited no of people) by a
woman judge( in rape cases)
• 357 (C) = Hospital role for victims of sexual assault and acid attack--- first-aid for victims
to be free of cost & if Hospital refuses ---punishable under 166 B IPC.
• 416 = Postponement of execution of DEATH sentence of a PREGNANT female by high
court.
IPC SECTIONS (1860)

• 44- def injury

• 46- def death
• 82- No criminal responsibility of child < 7 yr
• 84- No Criminal responsibility of insane= Mc Naughtens rule= Legal test for insanity in India.
• 85- Act under involuntary intoxication is not an offence
• 86- Act under voluntary intoxication is an offence
• 90- Consent for illegal act is invalid
IPC SECTIONS continued…

• 92- No Consent required for life saving procedures in good faith .

• 191- def PERJURY( giving false evidence under Oath).
• 192- Fabricating false evidence.
• 193- PUNISHMENT FOR PERJURY.( up to 7 yrs, if false evidence is given at any stage of
judicial proceeding))
• 197- Issuing false certificate is punishable(3-7yr + unethical)
• 198- Patient using false certificate.
• 201- Disappearance of evidence.
IPC SECTIONS continued…

• 228 A- Disclosure of identity of rape victim is punishable.

• 269- Negligent act to spread HIV / AIDS is punishable.
• 270- Malignant act to spread HIV / AIDS is punishable

• 297- Showing disrespect to dead body. Eg- Necrophilia, Necrophagia

IPC SECTIONS continued…

• 299- def Culpable Homicide.(C.H)

• 300- def Murder.
• 302- Punishment for Murder (capital/LI+ fine)
• 304- Punishment for C.H not amounting to murder( 10 yr- LI+/- fine)
• 304 A- Rash/negligent act causing death( 2yrs/ fine)
IPC SECTIONS continued…

• 304-B - Dowry death(7yr- LI)

• 305- Abetment of suicide of child/insane
• 306- Abetment of suicide
• 307- Attempt to Murder
• 308- Attempt to C.H
• 309- Attempt to suicide- is no more an offence as mental health act-2017 decriminalizes
it.
IPC SECTIONS continued…

• 334- Voluntarily causing Hurt on provocation------1 month +/- 500 rs

• 335- Voluntarily causing grievous hurt on provocation-------4 years +/- 2000 rs
• 336- rash/ negligent act to endanger life( 3 months/250 rs)

• 337- rash/ negligent act to cause hurt( 6 months/ 500 rs )

• 338- rash/ negligent act to cause G.H ( 2yrs/ 1000 rs)

IPC SECTIONS continued…

• 312- Criminal Abortion with consent

• 313- Criminal Abortion without consent
• 314- Death of mother during abortion
• 315- preventing a live birth or causing a live born to die after birth
• 316- Causing death of quick unborn child while trying to kill mother.
• 317- Abandoning a child < 12 yrs by parents
• 318- Concealment of birth by secret disposal of dead body.
IPC SECTIONS continued…

• 319- def HURT

• 320- Grievous Hurt ( all G.H are cognizable offences )
1) Emasculation.
2) Permanent privation of the sight of either eye.
3) Permanent privation of the hearing of either ear
4) Privation of any member or joint.
5) Destruction or permanent impairing of the powers of any member or joint.
6) Permanent disfiguration of the head or face.
7) Fracture or dislocation of a bone or tooth.
8) Any hurt which endangers life or which causes the sufferer to be during the space of
twenty days in severe bodily pain or unable to follow his ordinary pursuits
• 321- def Voluntarily causing Hurt

• 322- def Voluntarily causing Grievous Hurt

 IPC SECTIONS continued…

IPC PUNISHMENT FOR- YEARS OF POWER OF JUDGE

IMPRISO-
NEMENT

323 Voluntarily causing HURT 1 2ND class JM

324 Voluntarily causing HURT by dangerous weapon/ 3 1st class JM
means

325 Voluntarily causing GRIEVOUS HURT 7 CJM

326 Voluntarily causing GRIEVOUS HURT by dangerous 10 Assistant session
weapon /means court
IPC SECTIONS continued…

• 326 A- Causing grievous hurt by throwing or administering acid--------------10 yrs – LI+ fine
• 326 B- Attempt to throw acid------5- 7 yrs +fine

• 334- Vol. causing hurt on provocation------1 month +/- 500 rs

• 335- Vol. causing grievous hurt on provocation-------4 years +/- 2000 rs.

• 350- Use of criminal force on other person to cause injury, fear , annoyance- eg examination of a patient
without consent.

• 351- def ASSAULT= making a gesture( even without touching) so that other person believes that criminal
force will be used.
 IPC sections continued…

354 Assault or criminal force to woman with intent 1- 5 yr + fine

to outrage her modesty.
354- A Sexual harassment-unwelcome physical contact , 3 yr/fine
demand or request for sexual favours , showing
pornography against the will
making sexually coloured remarks 1yr/ fine

354- B Assault or use of criminal force to woman with intent 3- 7 yr + fine

to disrobe
354- C Voyeurism 1st = 1- 3 yr + fine C&B
2nd = 3- 7 yr + fine C & NB
354- D Stalking 1st= 3 yr+ fine same
2nd = 5 yr + fine
 IPC SECTIONS CONTINUED…
➢ 375- A man is said to commit "rape" if he-—
➢ a. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman
➢ b. Inserts any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman
➢ c. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part
of body
➢ d. applies his mouth to the vagina, anus, urethra of a woman,
under 7 circumstances
➢ 1- Against her will.
➢ 2- Without her consent.
➢ 3- With her consent, when her consent has been obtained under fear of death or of hurt.
➢ 4- With her consent, when the man knows that he is not her husband and that her consent is given because she
believes that he is another man to whom she is lawfully married.
➢ 5- With her consent when, when obtained under unsoundness of mind or intoxication
➢ 6- With or without her consent, when she is under eighteen years of age.
➢ 7- When she is unable to communicate consent.
IPC SECTIONS CONTINUED…

• 376 (1)- Punishment for rape (10 yr - LI).

• 376(2)- Custodial rape ( police custody), with pregnant woman, during communal
violence, mentally disabled, by relative ( 10 yr - LI).
• 376 (3)- Rape on female < 16 yr ( 20 yr – LI )
376 - A Punishment for causing death or resulting in persistent 20 yr- LI or Capital
vegetative state of victim. punishment
376- AB Rape on female < 12 yrs 20 yr- LI or Capital
punishment

376- B 2- 7 yr
Sexual intercourse by husband with wife during separation without
her consent
376 -C Sexual intercourse( not amounting to rape) by person in authority 5- 10 yr
376- D Gang rape – rape by one or more persons constituting a group or 20 yr- LI
acting in furtherance of a common intention
376- DA Gang rape on female < 16 yrs LI

376- DB Gang rape on female < 12 yrs LI or Capital punishment

376- E Repeat offenders LI or Capital punishment

IPC SECTIONS CONTINUED…

• 377- Unnatural sexual offences. {RECENT update- Consensual sexual intercourse between
two males is not an offence}.
• 497- Adultery
• 493- Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
• 498- Enticing or taking away or detaining with criminal intent a married woman
• 498 A- cruelty by husband / relative of husband
• 509- Sexual insult ( by word, gestures) to outrage modesty of a woman.
• 510- misconduct in public by drunken person
INDIAN EVIDENCE ACT(1872)

• 32- Dying Declaration

• 33- Production of evidence from lower to higher court
• 45- Expert opinion
• 113 A- presumption as to abetment of suicide by a married female within 7 yrs of
marriage.
• 113 B- presumption as to Dowry Death.
• 114 A- presumption as to Consent of rape victim.