Indian Panel Code, 1860

INDIAN PANEL CODE, 1860

CHAPTER I

JURISDICTION UNDER IPC

Intra territorial application Extra territorial application

Section1 and 2 read with section 11 and 18 of IPC Section 4 and 3 read with section 188 of crpc.

 Section 2 declares that IPC is applicable to all the persons irrespective of nationality, caste, colour, greed etc.
 It also declares that jurisdiction does not depend upon nationality of offender rather upon the locality of the
crimes. IPC applies to foreigners also for the crimes committed in India.
 Case law- Mubarak Ali v. State Bombay
 Person under section 2

Natural person Legal/Artificial Person

Citizens and foreigners Companies and cooperation

CHAPTER 2

GENERAL EXPLANANTIONS

IMPORTANT DEFINITIONS

 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 but it does not include the one in womb.
 Section 11- Person
The word “person” includes any Company or Association or body of persons, whether incorporated or not.
 Section 17-Government
The word “Government” denotes the Central Government or the Government of a State
 Section 19- Judge
The word “Judge” denotes not only every person who is officially designated as a Judge, but also every
person -who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or

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a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some
other authority, would be definitive, or who is one of a body of persons, which body of persons is
empowered by law to give such a judgment.
 Section 21 – Public servant
The section does not define the term ‘public servant’ but simply enumerates the various categories of
persons who constitute the great mass of the community and are included in the category of ‘public
servant’.
 Section 22- Movable property
The words “movable property” are intended to include corporeal property of every description, except land
and things attached to the earth or permanently fastened to anything which is attached to the earth.
 Section 24- Dishonestly
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to
another person, is said to do that thing “dishonestly”.
 Section 30- valuable security
The words “valuable security” denote a document which is, or purports to be, a document whereby any
legal right is created, extended, transferred, restricted, extinguished or released, or who hereby any person
acknowledges that he lies under legal liability, or has not a certain legal right.
 Section 34 and 37

COMMON INTENTION INTENTIONAL CO-OPERATION

Here a crime maybe committed by means of
single act.
Here all the members of the group must play an
active role at the time of commission of the
crime.
Here multiplicity of acts is the touch stone of
section 37
Cooperation by itself is sufficient and activity is
all the members at the time when crime
happens is not essential

 Section 34 and 35

COMMON INTENTION SIMILAR INTENTION

In this case the intention of 2 or more persons is
not only same but it is also shared is combined
intention
Joint liability arises
Here the intention of 2 persons is same but it is
not shared.
They are looking at the same thing but with
different eyes
Liability will not be joint rather will be individual
Case law- Mehboob shah v. king emperor

 Section 43- illegal, legally bound to do

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The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which
furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him
to omit.

 Section 52- Good faith

Nothing is said to be done or believed in “good faith” which is done or believed without due care and
attention

CHAPTER 3

THEORIES OF PUNISHMENT

RETRIBUTIVE THEORY

 This theory is based on the idea of vengeance/ revenge - ‘an eye for an eye, a tooth for a tooth.
 It is the most ancient theory which was given by manu

DETERRENT THEORY

 The object of this theory is that the punishment is not only to prevent the wrong doer from doing a wrong a
second time, but also to make him an example to others who have criminal tendencies.

REFORMATIVE THEORY

 Reformative theory is based on the idea a reformation i.e. instead of punishment this theory focuses on
reforming on criminals so as to bring them back from the life of crime and make them the useful members of
society.
 Juvenile justice law is based on this theory.
 Modern criminology and penology supports this theory.

PREVENTIVE THEORY

 The object of this theory is prevention or disablement.

 Offenders are disabled from repeating the crime by giving them punishment such as death, by putting
criminal in jail that’s how they are prevented from committing another crime.

MULTIPLE APPROACH THEORY

 Every theory has its own merits and an effort should be made to extract the good points of each and
integrate it so the best could be achieved.

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 According to this theory the offender is not only a criminal to be punished, but also a patient to be treated.

TYPES OF PUNISHMENT – 5 TYPES

DEATH SENTENCE

(1) Waging war- section 121

(2) Abetment of mutiny- section 132
(3) Giving false evidence resulting in execution of an innocent person- section 194
(4) Murder- section 302
(5) Abetment of suicide of child or insane person- section 305
(6) Kidnapping for ransom- section 364 A
(7) Rape in certain cases- Section 376A, 367 AB, 376E
(8) Dacoity with murder- section 396

LIFE IMPRISONMENT

DURATION
REMAINDER OF NATURAL 14 YEARS 20 YEARS
LIFE
General rule Section 433 r/w section 433-A of crpc Section 57 for the purpose of calculation
provides for commutation of life of punishment under section 511
imprisonment by the state government
upon completion of s14 years

IMPRISONMENT

TYPES SOLITARY CONFINEMENT

SIMPLE RIGOROUS WHEN DURATION

Without labour With labour In case of offences 14 days at a time

punishable with rigorous
imprisonment

FINE

a) Fine is different from compensation, while compensation is awarded to the victim, fine goes to the state
treasury
b) In case of default in payment of fine, the punishment gets increased-Section 64

FORFEITURE OF PROPERTY

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 Section providing for this punishment- Section 126 and 127

 but, the present status- No longer applicable in criminal law- abolished in 1921

CHAPTER IV

GENERAL EXCEPTIONS

LEGAL PROVISIONS

INDIAN PENAL CODE INDIAN EVIDENCE ACT

SECTION 76-106 SECTION 105 OF INDIAN EVIDENCE ACT
Read with section 6

SECTION 76 AND 79

MISTAKE OF FACT MISTAKE OF LAW

Ignoratia juris non execusat ignorantia facti doth excusat
Ignorance/ mistake of law is not excusable Ignorance/mistake of fact is execusable
Case law- Mayor George v. State of Bombay Bound by Law Justified by Law
Case law- Shiv Mangal v.
Union of India

SECTION 80

 Accident- means sudden and unexpected event which is neither foreseeable nor preventable.

SECTION 81

 Necessity- basic principle of Necessity is smaller harm can be done to prevent greater harm but not grater
harm can be done to prevent smaller harm.
 Legal maxim- Necessitas non habet legem- Necessity knows no law
 Jus Necessitas- Justification of Necessity

SECTION 82 AND 83

SECTION 82 SECTION 83
Children below 7 years Between 7-12 years Above 12-18
Complete immunity Conditional immunity Juvenile Justice law

SECTION 84

 Legal maxim- Non compos Mentis- a person whose mental composition is not right .
 INSANITY - Types of Insanity

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IDIOCY LUNACY
Madness since Birth After birth

 Case Law- R. V. Mc Naughten

 Attorney General for state of South Australia v. John Welham Brown

SECTION 85 AND 86
Intoxication- Types of Intoxication

VOLUNTARY INTOXICATION INVOLUNTARY INTOXICATION

With consent Without/ against intoxication
Defence not allowed Defence allowed
Section 86 Section85
 Case laws- Basdev v. State of Pepsu
 Director of Public Prosecution v. Beard

SECTION 87- 92
Consent- What is not consent?

 A consent given under fear

 Consent given under misconception of Fact
 Consent given by insane or intoxicated person
 Consent given by a child under 12 years of age.

SECTION 93

 Communication made in good faith- This exception basically protects doctors, lawyers agents, policemen
and other professionals against the adverse effects of their unpleasant communications.
 The only requirement is that the communication is made in a good faith.

SECTION 94

 Act to which a person is compelled by threats

 Legal maxim- Actus ne factus este invite nisi actus- an act done by a person against his will cannot be termed
as his own act.

SECTION 95

 Trifles- means small, petty trivial matters of which no person of ordinary sense or temper would complain.
 Legal Maxim- De minimin non curat lex
 Case law- Veeda Menezes v. yusuf khan

SECTION 96-106
Types of private defence (Section 97)

PRIVATE DEFENCE OF BODY PRIVATE DEFNECE OF PROPERTY

Movable Immovable

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Availability of Private Defence

AVAILABLE TO AVAILABLE FOR ALL AVAIABLE AGAINST ALL

Irrespective of age, capacity, gender, Oneself, family, friends, strangers Irrespective of the defence
status etc SECTION 97 available to the aggression
SECTION 97 SECTION 98

When right of private defence of body extends to causing death (section 100)

 Murder
 Grievous hurt
 Rape
 Unnatural lust
 Kidnapping and abducting
 Wrongful confinement
 Acid attack added by 2013 amendment

Restrictions upon Private defence

 There is no right to private defence in case in which there is time to have recourse to the protection of public
authority
 The right of private defence in no cases extends to causing more harm than is necessary for the purpose of
defence
 Availability of private defence against public servant
 General rule is private defence is not available against acts of public servant even if the acts is not strictly
justifiable by law. But there are exceptions to it also.
o Where the act of public servant causes the apprehension of death or grievous hurt.
o Where the act of public servant is not done under the colour of his office.
o When the person exercises the right does not know or have reasons to believe that the other person
is a public servant.

Right of Private defence when there is risk of harm to innocent person (section 106)

CHAPTER V

ABETMENT
Meaning – Abetment means to encourage, inspire, urge, suggest etc any person to commit a crime.

Modes of Abetment

INSTIGATION ABETMENT BY CONSPIRACY AIDING

PUNISHMENT FOR ABETMENT

ABETTED OFFENCE COMMITED ABETTED OFFENCE NOT COMMITED
Same punishment as the offence committed it will depend upon the offence abetted

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Abettor not present on Abettor present on the spot Punishment- death /life Others
the spot Section 114 imprisonment = 7 years 1/4 th of the longest
Section 109 14 years if hurt is caused = sentence
section 115 ½ of the longest sentence =
in case of public servant
section 116

Some other points related to abetment

 There can be abetment of an illegal omission

o Ex- abetting the life guard to not to save the drowning person
 Abetment of abetment is also an offence

CHAPTER V A
 Section 120-A
 Conspiracy is an agreement between two or more persons to do an act which is illegal or to do an act which
is not by itself illegal by illegal means. Thus, a conspiracy requires not only an intention of two or more
persons, but also an intention of two or more persons, but also an agreement between two or more persons
to do an unlawful act.
 Punishment for Criminal Conspiracy (Section 120- B)

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 Section 10 of Indian evidence act- as per this section the acts done, words used etc by one conspirator can
be used in evidence against the other conspirators.

CHAPTER VI

OFFENCES AGAINST THE STATE

Waging war (section 121)

 Just as citizens enjoy the right to private defence, similarly, the state is also entitled to the right of self-
preservation.
 Waging war is the most serious offence against the country, its safety, peace and tranquillity.

Forms of waging war

 Violence against government and government officials

 Terrorism
 Armed insurrection
 Civil war/ civil uprising
 Military coup
 Hijacking etc.

Punishment

 Actual waging war- section 121

 Attempting to wage war- section 121
 Abetting waging war- section 121
 Conspiracy to wage war- section 121 A
 Preparation to wage war – section 122

Sedition – section 124 A

 Means to create the feelings of bitterness, acrimony, enmity, disloyalty, disaffection and other forms of ill
feelings towards India and the government of India.

Forms of Sedition

 Violent speeches, articles, cartoons and caricatures, movies, posters, effigies etc.

Constitutional Validity

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 The supreme court in Kedar singh v. Union of India has upheld the constitutional validity of section 124 A
and it was declared that it does not have any friction with Article 19(1) (a) of the constitution.

Escape of prisoners

Voluntarily causing escape Negligently suffering escape of Aiding escape of Prisoner- section
Of prisoners- section 128 prisoner- section 129 130
These can be committed by a public servant only This offence can be committed by
private persons also.

CHAPTER IX (MOST IMPORTANT CHAPTER)

OFFENCES RELATED TO PUBLIC SERVANTS

 Section 161 to 165 A is repealed by section 31 of prevention of corruption act 1988 and two new sections
166 A and 166 B have been inserted in Indian Penal Code by Criminal Law Amendment Act, 2013.
 Section 166- section 166 makes disobedience by public servant of any direction of law with intent to cause
injury to any person

MEANING OF PUBLIC SERVANT

The term public servant is explained in section 21 of IPC.

Case law- M. Karunanidhi v. Union of India- In this case, the chief Minister was held as a public servant within the
meaning of section 21 of IPC.

Section 166A- Section 166 A makes a public servant Liable if he:

Knowingly disobeys direction of law
which prohibits him from requiring
the attendance at any place of any
person
Knowingly disobeys direction of law
regulating the manner in which the
investigation shall be conducted
Fails to record any information given
him under sec. 154CrPC in relation
to to offence punishable under
section 354D, 370, 370 A, 376A,
376B,376C,376D or section 501 IPC.

Section 166B – this section fixes criminal liability on hospitals to provide first aid or medical treatment, free of cost
to victims of any offence falling under mentioned above

sec OFFENCE Punishment Or Fine or both

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166 Public servant disobeying law, with intent to cause Max – 1 yr SI Or fine /both
injury to any person

166A Public servant disobeying direction under law Min – 6 months RI AND FINE
(Inserted by 2013 amendment, latest updated by Max- 2 years RI
2018 act)

166B Punishment for non-treatment of victim (Substituted Max – 1 yr SI Or fine /both

by IT Act, 2000)

167 Public servant framing incorrect doc with intent to Max- 3 years (SI/RI) Or fine /both
cause injury (latest updated by amendment 2018
act)

168 Public servant unlawfully engaging in trade Max- 1 yr SI Or fine /both

169 Public servant unlawfully buying or bidding for MaX- 2yrs(SI) Or fine/both OR/and
property confiscation of property

170 Personating a Public servant Max - 2 yrs (SI/RI) Or fine/both

171 Wearing garb or carrying token used by public servant Max 3 months OR/fine of max 200 rs/ or
with fraudulent intent imprisonment both

CHAPTER XVII

OFFENCES AGAINST PROPERTY

READ ALL THE ILLUSTRATIONS FROM THE BAREACT (MOST IMPORTANT)

SECTIONS CHAPTERS
SECTION 378- 462 CHAPTER XVII

THEFT (SECTION 378)

ESSENTIAL INGREDIENTS

1. Dishonest Intention- theft starts from dishonest intention. The term ‘dishonesty’ is defined in section 2 of
IPC.
2. Movable property – There should be a movable property. Movable property is defined in section 22 of IPC.
3. Possession- Theft is not concerned with the owner of the property but the real test is the person in whose
possession, the property is present.

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4. Without consent
5. Movement of property- the most distinguishing feature of theft is that the offence becomes complete as
soon as the property is moved.

PUNISHMENT

 Imprisonment for 3 years or fine or with both.

EXTORTION (SECTION 383)

ESSENTIAL INGREDIENTS

1. Intentionally putting a person in fear

2. Fear of injury- injury can be to the body, reputation, property, mind
3. Dishonestly induces the person put in fear
4. To deliver- property i.e.- movable or immovable, valuable security, anything which is signed and sealed
which may be converted into valuable security.

PUNISHMENT:

 Imprisonment for 3 years or fine or with both.

ROBBERY (SECTION 390)

In robbery there is either theft or extortion.

When theft becomes robbery?

1. Theft+ violence/ instant fear = Robbery

When extortion becomes robbery?

1. Offender present+ instant fear+ delivery on the spot = Robbery

DACOITY (SECTION 391)

Robbery + 5 or more people= Dacoity

PUNISHMENT

Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years and fine

Dacoity with murder (Section 396) is the highest offence against property.

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Criminal misappropriation of Property (section 403)

1. Where the property is found by chance and now the person treats that property as his own
2. where the property is moved with honest intention but later it is retained dishonestly
3. where the property is moved thinking it to be one’s own property but even after discovering, that it belongs
to someone else it is retained dishonestly.

Simply picking up the property is no crime.

CHEATING (SECTION 415)

ESSENTIAL INGREDIENTS

1. deceiving any person

2. dishonestly/ fraduntely/intentionally induces
3. damage/ harm- mind, body property,reputation.

PUNISHMENT

Cheating- section 417 Cheating accompanied with delivery of property- section

Imprisonment of either description for a term which may 420
extend to one year or fine or both Imprisonment of either description for a term which may
extend to seven years and shall also be liable to fine.

STOLEN PROPERTY (SECTION 410)

OFFENCES RELATED TO STOLEN PROPERTY

1. dishonestly receiving property knowingly to be stolen

2. habitually dealing in stolen property
3. assisting in concealment

MISCHIEF (SECTION 425)

ESSENTIAL INGREDIENTS OF MISCHIEF

1. Intention/ knowledge to cause

2. Wrongful loss/ damage
3. Damage to property

CRIMINAL TRESPASS (SECTION 441)

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PURPOSE

1. To commit an offence
2. To insult
3. To cause annoyance to any person

Criminal trespass+ house= House trespasss

House trespass + concealment of identity = Lurking house trespass (section 443)

Lurking house trespass + night = Lurking house trespass at night

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