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IPC PROVISIONS

ABETMENT

109 Punishment of abetment if the act abetted is committed in consequence and where no
express provision is made for its punishment
110 Punishment of abetment if person abetted does act with a different intention from that of
abettor
111 Liability of abettor when one act abetted and different act done – if probable consequence,
then liable in the same manner as if he abetted act done

FALSE EVIDENCE

193 Punishment for false evidence

OFFENCES RELATING TO PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND


MORALITY

268 Public Nuisance


269 Negligent act likely to spread infection of disease dangerous to life
270 Malignant act likely to spread infection of disease dangerous to life
272 Adulteration of food or drink intended for sale
273 Sale of noxious food or drink
274 Adulteration of drugs
275 Sale of adulterated drugs
279 Rash driving or riding on a public way
292 Sale of obscene books
293 Sale of obscene objects to young persons
294 Obscene acts or songs – whoever to the annoyance of others, does any obscene act in any
public place or sings, recites, utters anu obscene songs, ballad or words in or near any
public place

OF LIFE

299 Culpable Homicide


300 Murder
301 Culpable homicide by causing death of person other than person whose death was intended
302 Punishment for murder
303 Punishment for murder by life convict
304 Punishment for culpable homicide not amounting to murder
304A Death by negligence
304B Dowry death
305 Abetment of suicide of child or insane person
306 Abetment of suicide
307 Attempt to murder
308 Attempt to commit culpable homicide
309 Attempt to suicide
310 Thug
311 Punishment

HURT

319 Hurt
320 Grievous Hurt
321 Voluntarily causing Hurt
322 Voluntarily causing Grievous Hurt
323 Punishment for voluntarily causing hurt
324 Punishment for voluntarily causing hurt with dangerous weapons or means
325 Punishment for volntarily causing grievous hurt
326 Punishment for voluntarily causing grievous hurt with dangerous weapons or means
326A Voluntarily causing grievous hurt by means of acid etc.,
326B Throwing or attempting to throw acid
334 Voluntarily causing hurt on provocation
335 Voluntarily causing grievous hurt on provocation

WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

341 Punishment for wrongful restraint


342 Punishment for wrongful confinement

CRIMINAL FORCE AND ASSAULT

349 Force
350 Criminal Force
351 Assault
352 Punishment for assault or criminal force otherwise than on provocation
353 Assault or criminal force to deter public servant from discharging his duty
354 Assault or criminal force with intent to outrage the modesty of a woman
354-A Sexual Harassment
354-B Assault or criminal force with intent to disrobe
354-C Voyeurism
354-D Stalking

THEFT

378 Theft
379 Punishment for Theft
380 Theft in a Dwelling House
381 Theft by clerk or servant of property in possession of master
382 Theft after preparation made for causing death, hurt or restraint in order to the committing
of theft

ROBBERY

390 Robbery
391 Dacoity
392 Punishment for Robbery
393 Attempt to commit robbery
394 Voluntarily causing hurt while committing robberyy
395 Punishment for Dacoity
396 Dacoity with murder
397 Punishment for Robbery with attempt to cause death or grievous hurt

CRIMINAL BREACH OF TRUST

405 Criminal breach of trust


406 Punishment for criminal breach of trust
407 Criminal breach of trust by carrier etc.,
408 Criminal breach of trust by clerk or servant etc.,
409 Criminal breach of trust by public servant, or by banker, merchant or agent

STOLEN PROPERTY

411 Dishonestly receiving stolen property


414 Assisting in concealment of stolen property

CHEATING

415 Cheating
416 Cheating by personation
417 Punishment for cheating
419 Punishment for cheating by personation
420 Cheating and dishonestly inducing delivery of property

TRESPASS

441 Criminal trespass


442 House tresspass
443 Lurking house trespass
444 Lurking house trespass by night
445 House breaking
446 House breaking by night
447 Punishment for criminal trespass
448 Punishment for house trespass
449 Punishment for house trespass - Death
450 Punishment for house trespass – Life Imprisonment
451 Punishment for house trespass – Imprisonment
452 Punishment for house trespass after making preparation to cause hurt, assault or restraint
453 Punishment for lurking house trespass and housebreaking
454 Punishment for lurking house trespass and housebreaking – Imprisonment
455 Punishment for lurking house trespass and housebreaking after making preparation to cause
hurt, assault or restraint
456 Punishment for lurking house trespass and housebreaking by night
457 Punishment for lurking house trespass and housebreaking by night – Imprisonment
458 Punishment for lurking house trespass and housebreaking by night after making preparation
to cause hurt, assault or restraint

FORGERY

463 Forgery
464 Making of false document
465 Punishment for forgery
467 Forgery of valuable security, will etc.,
468 Forgery for the purpose of cheating
471 Using as genuine a forged document or electronic record

OF CURRENCY NOTES AND BANK NOTES

489 – A Counterfeiting currency notes and bank notes


489-B Using as genuine, forged or counterfeit currency or bank notes
489-C Possession of counterfeit currency or bank notes

CRIMINAL INTIMIDATION

503 Criminal Intimidation


506 Punishment for criminal intimidation
507 Criminal intimidation by anonymous communication
509 Word, gesture or act intended to insult the modesty of a woman

CASE LAWS

• Hostile witness (Seizure witness) – Rameshbhai Mohanbai Koli and Ors. vs. State of
Gujarat – Witnesses turning hostile is a common occurrence in criminal trials and as such does
not affect the seizure proceedings. Merely because the panch witnesses turn hostile, there is no
ground to reject the evidence based on the testimony of IO. Therefore, it is trite in law that
unless the testimony of IO can be rebutted otherwise, the seizure witnesses turning hostile does
not have a bearing on the case.
• Malkhan Singh vs. State of Madhya Pradesh – TIP is at the discretion of the investigating
officer and is not a right of the accused. TIP only corroborates the identification of the accused
in court but does not form substantive evidence in itself.
• Sharad Birdhichand Sharda vs. State of Maharashtra – Circumstancial evidence must
conclusively and unerringly point towards the guilt of the accused
• Lalita Kumari vs. State of UP – Only if there is a delay of 3 months or more in filing FIR,
then police will conduct a preliminary enquiry to find out the truth of the information. If delay
cannot be explained, the information given by the informant should be dealt with great caution
but it does not affect the merits of the prosecution.

EVIDENCE ACT

34 Entries made in books of account


35 Relevancy of entry made in public record or an electronic record made in performance of
duty
53A Evidence of character of previous sexual experience not relevant in certain cases – Section
354 and 376
74 Public document
76 Certified copy of public document
77 Proof of document by production of certified copy
65 Cases in which secondary evidence may be given – (e) – public docs
68 Mode of proving attested document – atleast one attesting witness
114 Presumption of certain facts
103 Burden of proof of a particular fact - Alibi
157 Former statements of witness may be proved to corroborate later testimonyas to same act –
Comparing statement in FIR to testimony in Court in order to corroborate

GENERAL CONCEPTS

• Section 162(2) of CrPC – 162 does not apply to Section 32 or Section 27 of Indian Evidence
Act

FORMAT FOR CRIMINAL JUDGMENT

1) In the present case, the accused stands charged under ....... for having committed an offence
of ............

2) Undisputed facts

3) Prosecution case

4) On the charges being read over and explained to the accused he pleaded not guilty and claimed to be
tried. In his personal examination under Section 313 of CrPC he has .............
5) Points for determination

6) Analyse Prosecution Evidence

7) After the closure of Prosecution evidence, the accused was personally examined under Section 313
of CrPC during which he stated that .........

8) Defence witness and Analysis

9) Conviction
CRPC PROVISIONS

2(a) Bailable Offence – any offence categorized by the First Schedule or by any other prevailing
law as bailable is called as a bailable offence. “Non-bailable” offence is any offence other
than a bailable offence
2(c) Cognizable Offence – an offence in accordance with the First Schedule for which a police
officer can arrest without warrant.
2(g) Inquiry means every inquiry other than a trial conducted by a Magistrate or Court under this
Code
2(h) Investigation includes all proceedings under this Code for collection of evidence by a police
officer or any other person (other than a magistrate) who is authorised by a magistrate to do
so.
2(l) Non Cognizable Offence – Any offence other than a cognizable offence
2(w) Summons Case – Any case other than a warrant case
2(x) Warrant Case – A case in which the offence is punishable with an imprisonment exceeding
2 years
20 Executive Magistrate
24 Public Prosecutor; 24(8) – Special PP and Right of Victim to engage advocate to assist PP
25 Assistant Public Prosecutor
30 Sentence of imprisonment in default of fine
31 Concurrent and Consecutive sentences
41 Arrest without warrant (police officer)
41A Notice of appearance before Police Officer
41B Procedure for arrest and duties of arresting officer
42 Arrest on refusal to give name or address
43 Arrest by private person
44 Arrest by Magistrate
45 Protection of armed forces from arrest
46 Procedure for arrest
47 Search of place entered by person sought to be arrested
48 Pursuit of offenders into other jurisdiction
49 No unnecessary restraint
50 Person arrested to be informed of grounds of arrest before arrest and of right to bail
51 Search of arrested persons
53 Medical examination of arrested person at the request of police officer
54 Medical examination of arrested person
61-69 Summons
62 – Delivery in person
64 – Delivery to adult member
65 – Substituted Delivery
70-81 Warrant
70 – Essentials of warrant
71 – Bailable warrant
82 Proclamation for absconding offender
83 Attachment of absconding offender
87&89 Issue of warrant in lieu of or in addition to summons
91 Summons to produce document or thing
93 Search warrant
94 Search warrant by Magistrate for stolen or forged documents
95 Power to declare certain documents as forfeited and to issue search warrant
97 Search for persons wrongfully confined
100 Search of closed place
107 Security for keeping peace (person likely to commit breach or wrongful act affecting public
peace and tranquility)
108 Security for good behaviour from persons disseminating seditious matter
109 Security for good behaviour from suspected persons
110 Security for good behaviour from habitual offenders
129/130 Power to disperse unlawful assembly
133-143 Power to make orders for removal of public nuisance
144 Power to make orders in urgent cases of public nuisance or apprehended danger
144A Power to make orders for prohibition of carrying arms in procession or mass drill or mass
training with arms
149-153 Preventive action of police
154 Information in cognizable offences (FIR)
155 Information in non-cognizable offences
156 Power to investigate cognizable offences
(3) Power of magistrate to direct investigation
157 Procedure for investigation
-Send FIR to Magistrate
-proceed to spot, investigate, take measures for discovery and arrest of offender
-if its not serious in nature, can direct subordinate to proceed to spot
159 Preliminary Inquiry
160 Police’s power to require attendance of witnesses
161 Examination of witness by police
162 Statement to police not to be signed: Use of statements in evidence
163 No inducement to be offered to make confession or statement
164 Recording of confession/statement by Magistrate
-any magistrate whether or not he has jurisdiction
-may record during investigation or before inquiry/trial
-before recording shall explain that he is not bound to make statement and that it may be
used against him in evidence
-may record using audio-video means
-magistrate shall not record unless he is satisfied that the person is making it voluntarily
-if person states that he is not willing to make the statement, he shall not be detained in
police custody
164-A Medical examination of victim of rape
165 Search by police without warrant
167 Procedure when investigation cannot be completed within 24 hours
172 Case Diary
173 Police Report (charge sheet)
174 Inquest by Police Officer
175 Power to summon witness in inquest
176 Inquest by DM or SDM
177-189 Territorial Jurisdiction of criminal courts
177 – court which has jurisdiction over the local area in which offence was committed
178 – exceptions – local area uncertain, partly in one area, continuing offence, several acts
in different local areas
190 Cognizance by magistrate
(a) complaint by private person
(b) police report
(c)upon information received from any person other than a police officer or by his
knowledge that such an offence has been committed
191 Transfer of case on application by accused
192 Making over of case to Magistrate
193 Cognizance by court of sessions
200 Examination of Complainant
201 Procedure when complaint made to magistrate not competent to take cognizance
202 Postponement of issue of process to direct investigation
203 Dismissal of complaint
204 Issue of process
- summons case – summons
- warrant case – summons or warrant
- copies in case of complaint, copies in case of police report
209 Committment of case to Court of Sessions where offence is exclusively triable by it
211-214 211 – contents of Charge
-state the offence with which accused has been charged
-if law gives a specific name – specific name may be used
-if no specific name – definition of the offence
-law and section of law
-previous conviction
-language of the court
-alleged time and place and againt whom
215 Effect of error in charge
216 Alteration of charge
217 Recall of witness after alteration of charge
218 Separate charges for distinct offence
223 Joint trial
225-235 Trial in Sessions Court
227 – Discharge
228 – Framing of Charge
239 Discharge – Trial by Magistrate (Warrant case)
300 Double Jeopardy
311 Power of Court of examination
313 Power to examine accused
315 Accused to be competent witness
320 Compoundable offences
321 Withdrawal of prosecution
436 Bail in bailable offences
437 Bail in non-bailable offences
438 Anticipatory bail
439 Special powers of HC and Sessions regarding bail
482 Inherent powers of Court

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