Faculty of Law
Topic - Introduction of Indian Penal Code
Submitted on: 8 November 2021

Submitted by: Kartik kaushal

ENROLLMEN no- 20FLUCHPD01010

Submitted to: Mr Parveen Yadav sir 

 INTRODUCTION
Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code intended to
cover all substantive aspects of criminal law. The code was drafted in 1860 on the recommendations
of first law commission of India established in 1834 under the Charter Act of 1833 under the
Chairmanship of Thomas Babington Macaulay. It came into force in British India during the early
British Raj period 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. Based on IPC, Jammu and Kashmir was
governed by a separate code known as Ranbir Penal Code (RPC).

After the departure of the British, the Indian Penal Code was inherited by Pakistan as well, much of
which was formerly part of British India, and there it is now called the Pakistan Penal Code. Even
after the independence of Bangladesh (Formerly known as East Pakistan) from Pakistan (Formerly
known as West Pakistan), it continued in force there.

The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas
Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1837.

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 judges of the Calcutta High Court, who were
members of the Legislative Council, and was passed into law on 6 October 1860. The Code came
into operation on 1 January 1862. Unfortunately, Macaulay did not survive to see his masterpiece
come into force, having died near the end of 1859.

Objective of the Indian Penal Code

The objective of this Act is to provide a general Penal Code for India. 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 this
code.

The Indian security system has been one that has gone through a lot of tests and examinations
throughout the time. This is due to the political as well as the social situation of the country. India
is a land of diverse cultures and traditions and it is a place where people from various
religions as well as ethnic backgrounds live together.

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. They are various offences that are
made under this law. The Indian Penal Code includes all the relevant criminal offences dealing with
offences against the state, offenses for public, offences for armed forces, kidnapping, murder, and
rape. It deals with offense related to religion, offences against property and it has an important
section for offences for marriage, cruelty from husband or relatives, defamation and so on so forth.
This was a general over view of the structure of Indian Penal Code. It is not only important for
India but every country should have an Penal Code in order for its system to be operated in a
systematic way. This document majorly covers all the basic offences which are highlighted in the
society.

APPLICABILITY OF I.P.C.- TERRITORIAL AND PERSONAL

Personal Jurisdiction
Section 2 of the Indian Penal Code says that every person irrespective of his/her rank,
nationality, caste or creed shall be liable for an offence committed in India and of which he is found
guilty. It expends to foreign nationals also.

Eg: Adultery is not an offence in America, but is an offence under Section 497 of the Indian Penal
Code.

Exceptions
The following persons are always exempted from the jurisdiction of Criminal Courts as certain rights
and privileges are conferred on them.

 Foreign Sovereigns
 Ambassadors
 Alien enemies
 Foreign Army
 Warships

President and Governors.

President and Governors of the Country are exempted from Jurisdiction of Criminal Courts
under Article 361 of the Indian Constitution.

Territorial Jurisdiction
A person shall be liable for an offence committed over/throughout the territory of the State.
Territory includes land and sea comprising of territorial waters.
 ELEMENTS OF CRIME
1) Human being: Section 11 

Human being must commit wrongful Act to fulfill first element of a crime that means any non living
thing or animals are not considered in the category of a person or a human being whereas in
ancient times when criminal law was closely dominated  by the idea of ritter bit theory punishment
was also inflicted on animals for the injury caused by them. For Example, if a dog bites anyone he
is punished a horse was killed for kicking a man but in Indian Penal Code if animal cause injury we
do not make animal liable but the owner is held liable for such injury so the first element of crime
is human beings who must be given appropriate punishment and should be under legal obligation
to held criminally liable. ‘Person’ is defined in Section 11 of Indian Penal Code which includes
company, association or body of persons whether incorporated or not. The word person includes
artificial or juridical persons. He is a legal entity created by law which is not a natural person such
as corporation created under state statute. It is a legal entity having a distinguished identity and
legal rights and obligation under the law. 

2) Mens rea or Guilty intention

The second element is derived from the famous maxim Actus Non-Facit Reum Nisi Mens Sit Rea. It
means the guilty intention and guilty Act together constitute a crime. It comes from a maxim that
no person can be punished in a proceeding of criminal nature unless it can be shown he has a
guilty mind. The second element is Mens rea which can be explained in various forms a guilty
mind; a guilty or wrongful purpose; a criminal intent, guilty knowledge and willfulness all
constitute the same thing that mens rea. 

Motive and Intention are both aspects in the field of law and justice both are very important. They
are also associated with the purpose of proving or disproving a particular case or crime Wrong
motive with guilty intention is necessary to prove criminal liability.

Mens rea in the Indian Penal Code 1860 

Kartar Singh v. the State of Punjab 

The SC held that statutory penal provision must be read with the elements of mens rea unless a
statute either expressly or by necessary implication rules it out.

Intention 

It is the purpose or design for which an Action has been done. The intention is basically Position of
mind at a particular time in committing an offence and will have accused to see the effects of his
unlawful effect.

3) Actus reus or illegal Act or omission

It is the Latin term used to describe a criminal Activity. It is commonly defined as a criminal
activity that was the result of voluntarily bodily movement. This describes a physical Activity that
harms another person or damages property. In other words, due to guilty or wrongful intention,
some overAct or illegal omission must take place. There are two types of Actus reus first is
commission and the second one is an omission. The commission is as a criminal activity that was
the result of voluntarily body movement. This describes a physical Activity that harms a person or
property. Against human body includes physical assault, murder, hurt, grievance, hurt etc &
property includes theft, decoity, extortion etc.

The omission is another form of Actus reus as an Act of criminal negligence. An omission could be
falling to warn others that you have created a dangerous situation, for eg. not feeling an infant
who has been left in your care or not completing a work-related task which resulted in an
accident. 

4) Injury under Section 44

The fourth requirement of a crime is injury should be caused to another person or to society at
large. According to Section 44 of Indian Penal Code, 1860 the injury is defined as any harm
illegally caused to any person in body, mind, reputation or property by another person. Elements
of crime are a set of facts that must be proven to convict a defendant of a crime. Criminal
elements are sets forth in criminal statutes or cases in jurisdictions that allow for common law
crimes.