INTRODUCTION TO CRIMINAL LAWS IEA, IPC And CrPC

PRESENTED BY
N VISHNU VENKATESH
ASSISTANT PROFESSOR
DEPARTMENT OF FORENSIC SCIENCE
JAIN DEEMED TO BE UNIVERSITY

INTRODUCTION
Every nation’s government has their own tiers which helps in regulation,
management, and proper functioning of the society and also establishes a
connection between public and government.

In Indian Scenario we have three tiers of government I.e

1. Legislature

2. Executive

3. Judiciary

The forensic Science field act as a connecting bridge between executives and
judiciary

INTRODUCTION
Some of the basic terms related to judiciary are

• Juscogen : latin phrase that literally means “compelling law.” It designates norms from which no derogation is
permitted by way of particular agreements.

• Jurisdiction : The extent of the power to make legal decisions and judgements.

• Criminal law : Laws associated or which deals with offences which are against the public interest.

• Civil law : Laws associated or which deals with disputes between two individuals or parties (Plaintiff and
Defendant)

• Inquest : Inquiry or investigation into cause of certain crime.

1. Police Inquest

2. Magistrate Inquest

• Subpoena : A document compelling the attendance of witness in court of law under penalty, on specified date,
time and place for the production of evidence/statement.

• Witness : A person who is aware of the event and can assure the facts based on his/her sensible statement.

 INTRODUCTION
As already mentioned judiciary is one of the
tiers of government which deals with the
jurisdiction mandate, punishment ,
grievances addressing, and consolidated
compensations implied to criminal and civil
cases.

For successfully carrying out this task in

country like INDIA where the religious
belief and population is of greater concern
proper written codes and acts are required.

The IPC, IEA, and CrPC are those code/

mandates which are protected and also given
by constitution of India to all the citizens.

INDIAN PENAL CODE - 1860

This was passed as act in the year 1860, it came
into effect as code from January 1, 1862.

Earlier IPC applied to whole of India except for

the state of Jammu & Kashmir. But now the
scenario changed and J&K is removed from
that exception category and IPC has jurisdiction
in all the states and Union territories of India.

It has 23 Chapters, 511 sections

Before this code came into effect,

Mohammedan Criminal law was applied to
both Muslims and Hindus in India.

 INDIAN PENAL CODE - 1860

INSIGHT TO IPC-1860
It defines the term ‘offence’ place of crime. Section 40 of IPC defines offence as an act punishable by
the code. The offence can take place in two ways either by commission of an act or by omission of an
act.

IPC-1860 also explains elements of crime I.e

1. Human Being : it must be committed by a human being, if the animal commits the crime , then
the owner will be stand liable to civil/ciminal charges.

2. Mens Rea : simply means criminal intent, the act without intent is coincidence or accident.
“Actus non facit reum nisi mens sit rea”

3. Actus Reus : There should be an external act. The Act and intent should be concurrent and
related.

4. Injury : There should be some injury or the act is prohibited under the existing law . And that act
should be subjected to some punishment.

INDIAN PENAL CODE - 1860

The types of Punishments according to Section 53 of IPC are

1. Death Penalty

2. Life Imprisonment

3. Imprisonment

• Rigorous

• Simple

4. Forfeiture of Property

5. Fine

INDIAN PENAL CODE - 1860

The punishments in IPC are based on Four Theories

A. DETERRENT THEORY : To inflict penalties on the offenders in such a

manner that it will create a sense of fear in the mind of others.

B. RETRIBUTIVE THEORY : TIT for TAT or EYE for EYE theory

C. PROTECTIVE OR PREVENTIVE THEORY : according to this theory

separate the criminals from society and keep them far away from normal
societies.

D. REFORMATIVE THEORY : This theory uses social , economical, Physical

and psychological methods in bringing about the change in the minds of
criminals.

INDIAN PENAL CODE - 1860

OFFENCES PUNISHABLE WITH DEATH SENTENCE

A. Section 121 of Indian Penal Code, 1860: Waging War against the Government

B. Section 132 of Indian Penal Code, 1860: Abetment of Mutiny

C. Section 194 of Indian Penal Code, 1860: Giving or fabricating false evidence leading to
procure one's conviction for capital offense.

D. Section 302 of Indian Penal Code, 1860: Murder

E. Section 305 of Indian Penal Code, 1860: Abetment of suicide by child or insane person

F. Section 307 of Indian Penal Code, 1860: Attempt to murder by a life convict, if hurt is caused

G. Section 396 of Indian Penal Code, 1860: Dacoity with murder

H. Section 364A of Indian Penal Code, 1860: Kidnapping for ransom

INDIAN EVIDENCE ACT - 1872

Originally published in 15th March, 1872 and commenced on 1st September, 1872.

Act is divided into 3 parts, 11 chapters and 167 Sections.

The division into three parts is based on

A. Part 1 (2 chapters) : it deals with relevancy of facts

B. Part 2 ( Chapters 3 - 6) : Chapter 3 deals with facts which need not be proved, chapter 4
deals with oral evidence chapter 5 deals with documentary evidence and chapter 6 deals
with circumstances when documentary evidence has been given preference over the oral
evidence.

C. Part 3 (Chapters 7-11) : Chapter 7 talks about the burden of proof. Chapter 8 talks
about estoppel, chapter 9 talks about witnesses, chapter 10 talks about examination
of witnesses, and last chapter which is chapter 11 talks about improper admission and
rejection of evidence.

 INDIAN EVIDENCE ACT - 1872

For basic understanding we can say that IEA-1872 deals with different Categories of evidences,
Procedure of Collection of evidences and Preservation of different evidences. It has its implications
in Civil as well as Criminal Procedure.

Some of the important terms defined in IEA are

• Evidence : derived from latin word evidens which means “ to show clearly or make clear to the
sight.

• Real Evidence : Second provision to Section 60 “ Provided also that, If oral evidence refers to
the existence or condition of any material things other than a document, the court may, if it thinks
fit, require the production of such material thing for its inspection.” E.g Weapons , Scar of
wounds.

• Circumstantial Evidence : A is charged with the murder of B. At the trial , a witness C on

behalf of the prosecution, gives evidence that he saw A running away from the murder place,
with blood stained knife in his hand, evidence given by C will be called circumstantial evidence.

• Hearsay Evidence : those evidences which are not having any substantial source of information.

INDIAN EVIDENCE ACT - 1872

• Dying Declaration : Section 32 (1), statements, written or verbal, of relevant facts made
by a person who is dead are themselves relevant facts in the following cases- when the
statement is made by a person as to the cause of his death, or as to any of the
circumstances of the transaction which resulted in his death, in cases in which the cause
of that person’s death comes into question.

• Estoppel : Sec 115- When one person has, by his declaration, act or omission,
intentionally caused or permitted another person to believe a thing to be true and to act
upon such belief, neither he nor his representative shall be allowed, in any suit or
proceeding between himself and such person or his representative, to deny the truth of
that thing.

Illustration : A intentionally and falsely leads B to believe that certain land belongs to A,
and thereby induces B to buy and pay for it. The land afterwards becomes the property of A,
and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He
must not be allowed to prove his want of title.

INDIAN EVIDENCE ACT - 1872

• Burden of Proof : Sec. 101- “ Whoever desires any court to give judgment as
to any legal right or liability dependent on the existence of facts which he
asserts, must prove that those facts exist.

Illustration : A desires a court to give judgment that B shall be punished for a crime
which A says B has committed. A must prove that B has committed the crime.

• Expert Opinion Section 45: When the Court has to form an opinion upon a
point of foreign law, or of science, or art, or as to identity of hand writing or
finger-impressions, the opinions upon that point of persons specially skilled in
such foreign law, science or art, or in questions as to identity of handwriting or
finger impressions, are relevant facts. Such person called experts.

INDIAN EVIDENCE ACT - 1872

• Witness : All persons shall be competent to testify unless the Court considers
that they are prevented from understanding the question put to them, or from
giving rational answer to those questions, by tender years, extreme old age,
disease, whether of body and mind, or any other cause of the same kind.

• Dumb Witnesses : A witness who is unable to speak may give his evidence in
any other manner in which he can make it intelligible, as by writing or by
signs; but such writing must be written and the signs made in open Court.
Evidence so given shall be deemed to be oral evidence.

CRIMINAL PROCEDURE CODE - 1973

Cited in the year 1973, commenced in 1st April 1974.

Divided into 37 Chapters, 484 Sections and 2 Schedules.

It deals with the procedure of Investigation and criminal proceedings.

it provides mechanism of punishment of offences against the substantive

criminal law.

CRIMINAL PROCEDURE CODE - 1973

SECTIONS SUBJECT MATTERS OF CrPC
Appointment of Executive Magistrate
Section -20
Appointment of Special Executive Magistrate by Government for
Section-21 particular area or for performance of certain particular functions.

Local jurisdiction of Executive Magistrate

Section - 22
Subordination of Executive Magistrate
Section - 23
Public when to assist Magistrate
Section - 37
Public to give information of certain offences like against public
Section - 39 nuisance / tranquillity.

Arrest by Magistrate
Section - 44
CRIMINAL PROCEDURE CODE - 1973
SECTIONS OF CR.PC SUBJECT MATTERS OF CrPC

Section-94 Authorising the Police Officer to search the

place suspected to contain stolen property,
forged documents.

Section-97 Search for persons wrongfully confined

Section-98 Power to compel restoration of abducted

females

CRIMINAL PROCEDURE CODE - 1973

Section 293 of CrPC - 1973 Reports of certain Government experts

Any document purporting to be a report under the hand of a Government scientific

expert to whom this section applies, upon any matter or thing duly submitted to him for
examination or analysis and report in the course of any proceeding under this Code,
may be used as evidence in any inquiry, trial or other proceeding under this Code.

The Court may, if it thinks fit, summon and examine any such expert as to the subject-
matter of his report.

Where any such expert is summoned by a Court and he is unable to attend personally,
he may, unless the Court has expressly directed him to appear personally, depute any
responsible officer working with him to attend the Court, if such officer is conversant
with the facts of the case and can satisfactorily depose in Court on his behalf

This section applies to the following Government scientific experts, namely:-

1. any Chemical Examiner or Assistant Chemical Examiner to Government

2. the Chief Inspector of- Explosives

3. the Director of the Finger Print Bureau

4. the Director, Haffkeine Institute, Bombay

5. the Director, Deputy Director or Assistant Director of a Central Forensic

Science Laboratory or a State Forensic Science Laboratory

6. the Serologist to the Government.

THANK YOU