INDIAN PENAL CODE –

ONE SHOT

By- AKRITI MA’AM

 FUNDAMENTAL OR BASIC PRINCIPLES OF
CRIMINAL LIABILITY

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 FUNDAMENTAL OR BASIC PRINCIPLES OF
CRIMINAL LIABILITY

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 WHICH ARTICLE GAVE VALIDITY TO
PRE EXISTING LAWS?

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 • Art 13(1) : All laws in force in the
territory of India immediately before the
commencement of this Constitution, in so
far as they are inconsistent with the
provisions of this Part, shall, to the extent
of such inconsistency, be void.

• Art 372 : Continuance in force of existing

laws and their adaptation

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 NEED OF IPC?

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 ESSENTIAL FEATURES OF IPC

1. The official criminal code of India

2. Vast legislation

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 3. General explanations

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 4. Punishments

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 5. White collar crime

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 PUBLIC VS PRIVATE LAW

IPC is a matter of public law i.e. deals with the legal rights of
public at large.

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 PURPOSE OF IPC

Purpose of IPC : to bring societal balance btw individual and societal rights

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 2 ELEMENTS TO ESTABLISH PENAL
LIABILITY

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 ACTUS REUS

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 REQUIREMENTS OF ACTUS REUS

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 REQUIREMENTS OF ACTUS REUS

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 ACTUS REUS

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 REQUIREMENTS OF ACTUS REUS

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 REQUIREMENTS OF ACTUS REUS

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 MENS REA

MENS REA

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 • It is a state of mind which is forbidden
by law.

• For Fault based liability it is important

that there is a concurrence of actus
reus and mens rea.

• Mens rea before or after the offence is

irrelevant.

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 Section 1 : Title & Extent
• Extent to whole of India other than J & K (now J&K also
included).

• In 2019, the Centre scrapped the special status granted to

Jammu and Kashmir under Article 370 of the Constitution,
thereby making the Indian Penal Code (IPC) applicable in
the UT of Jammu and Kashmir by making amendment in
the Indian Constitution on 5 August 2019

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 SECTION 2

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 Exceptions to the universal application of
the code and so specific class of people
are immune from criminal liability
include:

•Foreign sovereign;
•Diplomats;
•Enemy aliens;
•foreign army and warships;
•President and governors.
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 SECTION 3

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 SECTION 4

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 SECTION 5

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 SECTION 6

• Every offence in IPC is subject to general

exceptions

• SECTION 105, INDIAN EVIDENCE ACT :

Burden of proving that case of accused comes

within exceptions : is on the Accused himself

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 SECTION 7

Explained in any part = meaning in every part

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 SECTION 8 : GENDER

He = She

SECTION 9 : NUMBER

Singular includes plural and

vice versa

SECTION 10 : MAN ; WOMAN

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 SECTION 11 : PERSON

Company Association body of persons

SECTION 12 : PUBLIC

Any class of public

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 SECTION 14 : SERVANT OF GOVERNMENT

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 SECTION 17 : GOVERNMENT

SECTION 18 : INDIA

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 SECTION 19 : JUDGE

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 SECTION 20 : COURT OF JUSTICE

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 SECTION 21 : PUBLIC SERVANT

ARMY JUSTICE CRIMINAL CIVIL OTHER

Commissioned Judge Confining Property On pay gives

Officer Officer of officer survey service to
court Or Public’s Govt.
Jury/Assessor Preventing common
Arbitrator officer interest
being
dealt
Election

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 SC held that member of Auxiliary Air force under the Reserve
and Auxiliary Air Forces Act, 1952 will be public servant till
acting as members of Indian Air Force

K. VEERA SWAMI V UOI 1991

SC held that the scope of Clause (3)
observed that this category includes judges
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52 HC and SC
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 12) a) Under Govt service - pay of the Government or
remunerated by fees or commission for the performance
of any public duty by the Government;

b) in the service or pay of a local authority, a corporation

established by or under a Central, Provincial or State Act
or a Government company as defined in section 617 of
Slide 57Companies Act, 1956.
the
 ALL GOVERNMENT SERVANTS ARE NOT
PUBLIC SERVANT :-

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 WRONGFUL GAIN & WRONGFUL LOSS

Section 23 :- “Wrongful gain”.—

gain by unlawful means of property to which the
person gaining is not legally entitled.

“Wrongful loss”.—
loss by unlawful means of property to which the
person losing it is legally entitled.

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 Section 24 :DISHONESTLY

 Act done

 Intention of causing wrongful gain to one

person or wrongful loss to another
person

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 Section 25 :FRAUDULENTLY

 Malafide Intention
 To defraud the other person

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 SECTION 26 : REASON TO BELIEVE

Section 26:- “Reason to believe”.—

• has sufficient cause to believe that thing but not otherwise.
 Focus upon sufficient cause
 Existence of sufficiency of cause : MAIN TEST

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 Eg : Jungle mein bushes & trees;
man wants to shoot a bird, but a
man was hiding behind bushes he
died

When doing an action : SHOOTING :

no intention, no knowledge that a
person is in line of action

But may be if saw a brief case and

shoes kept there, so now you must
be cautious because there is
knowledge that there may be some
person

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 LEVEL OF PUNISHMENT DECREASES

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 SECTION 28 : COUNTERFIET

Manufacture Document R/w Section 463 (Forgery)

Section 29 : Document ; Section 29A : Electronic Record

Chapter 18

SECTION 32

Acts include Illegal omissions

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 SECTION 30 : VALUABLE SECURITY

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 SECTION 33

 Section 33. “Act”. “Omission

 ACT = series of acts as a single act
 OMISSION = series of omissions as a single omission

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 SECTION 34 – COMMON INTENTION

Section 34 :- Acts done by several persons in

furtherance of common intention.—

• Common Intention

• Offence done is in furtherance of CI

• Offence done by one member

• Other members doing active participation

(Complementary action)

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• Offence done in furtherance of CI of ALL. This is called constructive liability and
joint liability coz can be joined trial U/Sec 223 CrPC

• Whenever one person commits an offence and the others are linked to that person
in such a manner that it can be said that they were mutual agents of each other
then the act done by one of them may make the others also equally liable

• In the case of Sec 34, the parties had formed their CI either by agreeing to commit
the offence from before or by agreeing through their conduct on the spot

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 Section 39 :VOLUNTARILY

 cause an effect relation (Relates ACTUS

REUS)
 Intention to cause the effect
 Has Knowledge
 Had reason to believe

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  Examination of the conduct of the Accused at the time of commission of
the offence.

 If either of them is found, then it is said that the act done is VOLUNTARILY
done

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  Eg : from 1st floor you throw someone – desire to HURT/GH
 Eg : from 1st floor you throw someone – you know truck is coming from
front- desire to kill him
 There is a direct link between consequence and mental involvement
(desire)
 To prove intention - that extra assurance by the accused that would make
it certain for him that the desired consequence would be caused

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 OFFENCE – SECTION 40

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 ILLEGAL : SECTION 43

2nd PART : Legally bound to do : whatever it is ILLEGAL in

him to omit

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 Section 44 :INJURY

done by such conduct – illegal act or illegal omission

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 Section 52 :GOOD FAITH

Essentials
 Logic and a reason;
 A good intention with;
 Due or reasonable care; and
 With expertise or a skill.
 The prevailing circumstances, capacity
and intellect of a person should be kept
in mind to analyse the act done by him.

Section 52A : HARBOUR

To evade
apprehension
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 CHAPTER – III PUNISHMENTS

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 SECTION 53 : PUNISHMENT

 Death;
 Imprisonment for life;
 Rigorous Imprisonment
 Simple Imprisonment
 Forfeiture of property
 Fine.

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 SECTION 54 : Commutation of sentence of
death

SECTION 55 : Commutation of sentence of

imprisonment for life –14 years

SECTION 57 : Life imprisonment = 20 years

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 SECTION 73 : Solitary confinement

 MAXIMUM : three months in the whole

 Upto 6 M imprisonment : 1 Month
 6 M to 1 Year Imprisonment : 2 Months
 More than 1 year : 3 Months

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 74. Limit of solitary confinement : HOW TO EXECUTE?

 In no case exceed fourteen days at a time

 More than 3 months imprisonment : the solitary
confinement shall not
exceed seven days in any
one month

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 SECTION 75. ENHANCED PUNISHMENT

Convicted under Chapter XII or XVII

Subjected to enhanced punishment

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 SECTION 6

• Every offence in IPC is subject to general

exceptions

• SECTION 105, INDIAN EVIDENCE ACT :

• Burden of proving that case of accused comes
within exceptions : is on the Accused himself

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 OVERVIEW

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 SECTION 84 : Unsound mind

• At the time of doing it, (ACT or OMISSION)

• by reason of unsoundness of mind

• At the time of doing IT = means act or omission

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 • The court can reasonably infer whether a reasonable
person in same circumstances would have been
incapable of knowing the nature of act

• Concurrence of MENS REA + ACTUS REUS will be seen at

the time of offence, thus, the defence U/sec 84 can be
availed only if proved incapability at the time of
commission of act

• Unsoundness of Mind = need not be permanent.

• It can be temporary like eppilepsy, sleep walking,

idiocy
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 INSANE DELUSION R V. Daniel M’Naughten
1843 House of Lords- Tindall, L.J.
• Insane delusion – hallucinations instantly that all
are dangerous people sitting in front of you, in
apprehension cause death of some one
• HELD, if it is a case of total insane delusion then
the accused will get total defence of insanity
• The court laid the same principle which are laid
under Sec 84
• This test is also known as Mc Naughten test of
unsoundness
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 IRRESISTIBLE IMPULSE- To loose your
temper/excessive anger

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SECTION 85 : INVOLUNTARY
INTOXICATION
• At the time of doing it,
• by reason of intoxication,

• intoxicated without his knowledge or against

his will.
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 SECTION 86 : VOLUNTARY INTOXICATION

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 JUDGMENTS ON VOLUNTARY INTOXICATION

 SHANKAR JAISWARA V WEST BENGAL 2007 SC

 VASUDEV V STATE OF PEPSU 1956 SC

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 MISTAKE OF FACT

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 MISTAKE OF FACT

• SECTION 76: BOUND BY LAW

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 Mistake of Fact

• SECTION 79: JUSTIFIED BY LAW

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 Infancy

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 INFANCY : SECTION 82

• Eg : a child below seven years of age, pressed the

trigger of the gun and caused the death of his
father, then, the child will not be liable

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 INFANCY : SECTION 83

• Example: Suppose a child of 10 years killed his father

with a gun in the shadow of immaturity, he will not be
liable if he has not attained maturity.

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 JUSTIFIABLE ACTS : SECTION 77

• Example: Giving Capital Punishment

to Ajmal Kasab was done under the
judicial powers of judges.

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 JUSTIFIABLE ACTS : SECTION 78

• Example: A judge passing an order of giving lifetime

jail punishment, believing in good faith that the court
has jurisdiction, will not be liable.
• Eg : Hangsman hangs a person to death pursuant to
the order of the Court
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 CONSENT : SECTION 87

VOLENTI NON FIT INJURIA – A person if voluntary

takes the risk cannot make other person liable
for injuries
 Example: A and E agreed to fence each other
for enjoyment.
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 CONSENT : SECTION 88

• Example : A medical doctor, performed an eye operation

for cataract with patient’s consent.
• The operation resulted in the loss of eyesight.
• The doctor was protected under this defence as he acted
in good faith.
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 Section 88 vs. Section 87
i) Section 88 – for the benefit of the person.
ii) Section 88 – only intentional causing of death excluded/
whereas in Section 87 – likelihood of death/grievous hurt also
excluded.
iii) Section 87 – grievous hurt also included.

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 CONSENT : SECTION 89

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 SECTION 89

• Eg : A, in good faith, for his child's benefit

without his child's consent, has his child cut for
the stone by a surgeon knowing it to be likely
that the operation will cause the child's death,
but not intending to cause the child's death.

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 CONSENT : SECTION 90

• Section 90, IPC defines legal consent in a negative way

• Sec 90 R/w Sec 7 which defines consent

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 SECTION 90

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 CONSENT : SECTION 91

• Gave consent for a particular harm

• Eg : W pregnant – W also cannot give consent for her own
miscarriage unless MTAct – if W gave consent to administer
poison to her – no defence coz miscarriage is an
independent offence – “independent of any harm”

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 CONSENT : SECTION 92

• Eg : Z is carried off by a tiger. A fires at the tiger

knowing it to be likely that the shot may kill Z, but
not intending to kill Z, and in good faith intending
Z's benefit. A's ball gives Z a mortal wound. A has
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committed no offence.
 SECTION 93 : COMMUNICATION

• Example: A doctor in good faith tells the wife

that her husband has cancer and his life is in
danger. The wife died of shock after hearing
this. The doctor will not be liable because he
communicated this news in good faith.

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 SECTION 94 : DURESS

ACTUS NE INVITO FACTUS EST NISI ACTUS :

• Example: A was caught by a gang of

dacoits and was under fear of instant
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 • He was compelled to take gun and forced to open the
door of house for entrance of dacoits and harm the
family. A will not be guilty of offence under duress.
• You are under a threat and because of threat you
commit an offence in those cases you will get defence
Under Sec 94
• EXCEPTION :- Murder or offences against the state
punishable with death
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 TRIFLES UNDER SECTION 95

DE MINIMIS NO CURAT LEX

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 Trifles under Section 95

• Eg : neighbour took your pen without asking you –

you went to PO and got FIR done and wrote 15 pages
– will a person of ordinary sense and temper take
notice of such an act ? NO
• When people live together in society they are
expected to be bearing with each other and slight
encroachment upon each other’s legal rights is quiet
natural and is expected
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 SECTION 80 : ACCIDENT

• Example: Suppose M is trying to shoot a

bird with a gun but unfortunately the
bullet reflected from the oak tree causing
harm to N, then, M will not be liable.
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 • Eg : A at work with axe – head fly’s off and kills man –
if no proper caution – LIABLE Proper caution – Not
offence
• Eg : A person is having pistol on pocket – pick-
pocketer puts hand in pocket – trigger got pull and
other person dies – not liable and got defence of Sec
80 because he wasn’t aware of pistol

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 In R vs. Clarke,
a woman was charged with theft from a super market.
Her defence was that she had taken the goods in a state
of absent mindedness resulting from depression.
Accepting medical evidence, her mental condition and
her conduct in her house, the defence was accepted.
Where the accused fired a shot at his assailant who
escaped but four other persons were injured and one of
them unfortunately expired, it was held that the accused
was not liable for the fatal injury to an innocent person
as his case fell within the scope of Section 80 read with
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Section 96 and 100, IPC
 SECTION 81 : NECESSITY

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 • Example: A Captain of a ship turned the direction of the
ship of 100 people in order to save their lives, but harming
the life of 30 people of a small boat, without any intention
or negligence or fault on his part. He will not be liable
because necessity is a condition in which a person causes
small harm to avoid great harm.
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 PRIVATE DEFENCE

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 Section 96:

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 Section 97: Right of private defence
of the body and of property

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 Section 97: Right of private defence
of the body and of property

• Example: A father, in order to protect the life of

daughter from the attack of a thief, shoots him in
his leg. But the father will not be liable as he was
protecting the life of his daughter.
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 Essential Conditions:

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 SECTION 98:

Right of private defence against the act of a person of unsound mind

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 SECTION 99:

Acts against which there is no right of private defence.

1) There is no right of private defence against an act
which does not reasonably cause the apprehension
of death or of grievous hurt, if done, or Attempted to
be done,
 by a public servant acting in good faith under color of
his office,
 by the direction of a public servant acting in good
faith under colour of his office
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 SECTION 99:

2) There is no right of private defence in cases in which there

is time to have recourse to the protection of the public
authorities.
3) The harm caused should be proportional to that of
imminent danger or attack – in no case it extends to
inflicting more harm than necessary
It is preventive and not punitive

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 SECTION 100:

When the right of private defence of the body extends to causing death.
• Apprehension of death
BOP will be less
• Apprehension of grievous hurt
• Intention to committing rape
• Intention of Unnatural lust
BOP will be strict
• Intention to Kidnapping or abducting
• Intention To Wrongful confine
• Acid Attack BOP will be less
(already covered under part 2 but added after NIRBHAYA
CASE–2013 Amendment)
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 SECTION 101:

When such rights extend to causing any harm other than

death.
• not of any of the descriptions enumerated in the last
preceding section,
• Can not cause death to the assailant,
• but any other harm subject to restrictions mentioned
in section 99

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 SECTION 102:

Commencement and continuance the right of

private defence of the body.
• Commences as soon as a reasonable
apprehension of danger to the body arises (OF
OWN OR SOMEONE ELSE)
• continues (DANGER) as long as such
apprehension of danger to the body continues.

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 CAN USE FORCE DURING THIS PERIOD
AS REASONABLE APPREHENSION EXISTS

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 SECTION 103:

When the right of private defence of property

extends to causing death.
• Robbery
• House-breaking by night
• Mischief by fire
• Theft, mischief, or house-trespass, under such
circumstances, as may reasonably cause
apprehension that death or grievous hurt will
be the consequence
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 SECTION 104:

When such right extends to causing harm other than death.

• not of any of the descriptions enumerated in the last
preceding section,
• Can not cause death to the assailant,
• but any other harm subject to restrictions mentioned in
section 99
• Example: If A has committed criminal trespass in order to
annoy B or hurt him, then B will have the right to harm A
in proportional manner, not causing death of the person.
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 SECTION 105:

Commencement and continuance of the right of private defence of

property.
 commences when reasonable apprehension of danger to the
property commences.
 THEFT:- continues until the offender has
effected his retreat with the property

either the assistance of the public authorities is obtained

property has been recovered

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 ROBBERY : continues until the offender has

• Offender causes or attempts to cause to any person

 death
 hurt
 wrongful restraint

• As long as the fear of instant

 death
 hurt continues
 personal restraint

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 CRIMINAL TRESPASS OR MISCHIEF:-

 continues till the offender continues in the commission of criminal

trespass or mischief.
 House-breaking by night continues as long as : the house-trespass
which has been begun by such house-breaking continues.

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 SECTION 106:

Right of private defence against deadly assault when there

is a risk of harm to innocent person.
• against an assault, a person causes apprehension of
death (OWN or SOMEONE ELSE)
• harms an innocent person
• Example: C is attacked by a mob who attempts to murder
him. He cannot exercise his right to private defence
without firing on the mob. In order to save himself, he is
compelled to hurt innocent children while firing so C
committed no offence as he exercised his right.
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 ABETMENT

Communication of abetment : couldn’t reach

abetted person – LIABLE FOR CR ATTEMPT OF
ABETMENT

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 Abetment : Section 107

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 Abettor : Section 108

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 Explanation of Section 108

1. Illegal Omission ka Abetment is an offence

2. Not necessary act abetted should be committed
3. Not necessary – capability of abetted person
– same guilty intention as of abettor
4. Abetment of an offence is also an offence
5. Not necessary that abetted person makes
abetment plan with abettor in case of conspiracy

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 Section 109: Punishment for Abetment

 Abettor same punishment as that of the principal

perpetrator
 Abetted offence committed as consequence of
abetment
 Eg : A abets B to kill C : B killed C ; liable U/Sec 109
 If B had not killed C then liable U/Sec 115

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 Section 114 Between section 109

 Rule of constructive liability (legal fiction created)

Deemed to have committed the offence
 Abettor present when offence is committed, then
deemed to have committed the offence
 MATHURALA ADI REDDY V STATE OF HYD. 1956 SC

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 SECTION -110

 Individual abetted commits different offence than

what was abetted
 With different intention/ knowledge

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 SECTION -111

 Abetted to do one thing

 Abetted person does that one thing along with another
wrong doing
 Liable as an abettor for both wrong doings if likely of the
consequence

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 Section 112(R/w Sec 111)

 Abetted person does more than what was abetted

 Actual present on spot – Then Sec 114 will apply
 If virtually present then Sec 112 will apply

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 SECTION -113

 Discusses about the effect

 Effect is different from that intended
SECTION 111 SECTION 113
Act abetted and act Act done and effect
done are distinct caused are different
Eg : A abets B to kill W, Eg : A abets B to
in result also done assault C ; B waives
rape ; A liable for both the pistol C dies in
if likely that will fear; A not liable for
happen murder

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 Section 115

Section 115 (Abetment done for offence punishable with Death/LI)

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 Section 116

 Section 116 (Abetment done for offence

punishable with other than LI)
 Either imprisonment/ fine/ both
 Punishment is 1/4 of max punishment
 Abettor abets public servant – punishment to
be 1/5th of offence punishment

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 Commission not of abetted offence

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 Section 306. Abetment of Suicide

 Person commits suicide,

 Abettor shall be punished with imprisonment ten years and fine.
Section 305. Abetment of suicide of child or insane person
 SP Rathore case
 Netai Dutta v WB 2005 SC

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 Section :117

 More than ten people abetted

 Punished : imprisonment of three years, or with fine, or
with both.

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 CONCEALING THE DESIGN OF AN OFFENCE

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 CONCEALING THE DESIGN OF AN OFFENCE

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 CONCEALING THE DESIGN OF AN OFFENCE

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 Section 120A :Criminal Conspiracy

When 2 or more persons

Agree – meeting of minds

• Agree to do
• Cause to be done (Abetment)

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 1) An illegal act (Section 43)
• Offence
• prohibited by law
• Civil suit
2)An act that is not illegal by illegal means (Overall
act not illegal but the MEANS are illegal)

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 Individual intention becomes Common intention as soon as
meeting of minds is there

COMMON INTENTION IN COMMON INTENTION IN

SEC TION 120 A SECTION 34

Active participation is not Active participation is needed ;

important complementarily of action is
needed

Meeting of minds is Meeting of minds is not

sufficient sufficient

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 Individual intention becomes Common intention as soon as
meeting of minds is there

Sec 120 A is an Agreement is the point of

independent section inception in furtherance
there has to be an offence
committed and active
participation needs to be
there
Sec 34 is rule of evidence/
rule of constructive liability
and needs to be read with
some other provision

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 Kinds of agreement

1) offence
• Mere agreement amount to criminal conspiracy
2) Doing act prohibited by law
• Mere agreement is not sufficient – an overt act in
furtherance needs to be done
3) Doing act which gives rise to civil suit
Mere agreement is not sufficient – an overt act in
furtherance needs to be done

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 IT IS VERY IMPORTANT FOR ALL THE CONSPIRATORS TO
HAVE KNOWLEDGE OF THE OBJECTIVE

Eg : Bank Robbery by A,B,C,D – all have respective goals – ALL

LIABLE

Eg : Bank Robbery by A, B, C – all have respective goals- hired taxi

of D for travelling – D had no knowledge of the goals of ABC –
therefore, he shall not be held liable

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 CRIMINAL CONSPIRACY IS A CONTINUING OFFENCE

• It is continuing from the day 1 of planning till last day of

execution

• Every member shall be held liable

MUTUAL AGENCY

• Jointly and mutually liable

• For acts of all or any conspirator

• In furtherance of act done towards COMMON OBJECT

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 INCHOATE OFFENCES IN IPC

• CRIMINAL CONSPIRACY  Added by 1913 Amendment

• ABETMENT
• CRIMINAL ATTEMPT

Inchoate offences means incomplete offence

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 Section 120B :Punishment of criminal conspiracy

Clause (1) offence punishable

• Death
• LI
• Rigorous imprisonment two years or more

Punishable as an abettor

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 Section 120B :Punishment of criminal conspiracy

Clause (2) offence punishable

• 2 years prohibit or more SI or less than 2 years
• prohibited by
• law civil suit

Punishable for 6M or fine

Sanction needs to be taken U/ Sec 196 (2) CrPc of DM/

State Government

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Slide 175
 WAR

SECTION 121 : Waging war against Govt of India

(Includes Attempt / Abetment)

Parliament attack case : SC held it was a case of

Waging war U/Sec 121

SECTION 121 A : Criminal conspiracy of Sec 121

SECTION 122 : Preparation by collecting arms for Sec

121

SECTION 123 : Concealing design of waging war

Slide 176
 SECTION 121 : Waging war against Govt of India
(Inc Attempt / Abetment)

• Wages war against the Government of India

• Attempts to wage such war

• Abets the waging of such war

• Punished with death, or LI and fine

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 SECTION 121A : Conspiracy to commit offences
punishable by section 121

• punished with LI , or 10 years

• And shall also be liable to fine

Slide 178
 SECTION 122 : Collecting arms, etc., with intention of
waging war against the Government

• punished with LI , or 10 years

• And shall also be liable to fine

Slide 179
 SECTION 123 : Concealing with intent to facilitate design
to wage war

• By act or omission – conceal the design of wage war

• Punishable with 10 years and fine both

Slide 180
 SECTION 124 : Assaulting High Dignitaries/
President/Governor
• Assaults or wrongfully restrains

• Attempts to do so

• By criminal force

• Punished with 7 years, and shall also be liable to fine.

Slide 181
 SECTION 124A: Sedition

(1)By words

 spoken or written

• brings or attempts to bring

• hatred or contempt or disaffection towards Government

• Punishable with LI or 3 years and fine

(2) By signs

(3) By visible representation

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SECTION 125 : Waging war against any Friendly State of the
Government of India

• Shall be punished with LI or seven years or with

fine

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 SECTION 126 : Committing depredation on territories of
Power at peace with the Government of India

• Damage or destruction caused to property

• Shall be punished with seven years, and liable to fine and to

forfeiture of any property

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 SECTION 127 : Receiving property taken by war or depredation
mentioned in sections 125 and 126.

• Sec 125 ki war se obtain property ke person ko receive

karne se prevent karna

• Shall be punished with seven years, and shall also be liable

to fine and to forfeiture of the property so receive

• LINK with Sec 410 - 414

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 ESCAPE

SECTION 128 : Public servant voluntarily allowing

prisoner of state or war to escape.
• In custody of prisoner
• Allows to escape
• punished with LI or 10 years, and shall also be
liable to fine.

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 ESCAPE

SECTION 129 : Public servant negligently suffering

such prisoner to escape
• Public servant negligently
• Having custody of prisoner
• Punished with SI 3 years, and shall also be liable
to fine.

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 ESCAPE

SECTION 130 : Aiding escape of, rescuing or harboring such prisoner

• Aid/ help in escaping a prisoner escaping from lawful custody
• Punished with LI, or ten years, and shall also be liable to fine.

Slide 188
 CHAPTER VIII

Offences Against Public Tranquility

(1) Affray
(2) Unlawful assembly
(3) Rioting
(4) Enmity amongst different classes

Slide 189
 SECTION 141 : Unlawful Assembly

 5 or more people
 With common intention to disturb public peace and
tranquility
 commit an unlawful offence

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 Object
• To use criminal force against any public servant, state
or central government.
• To resist any legal proceeding
• To commit any mischief or trespass on any property
or person.
• To use criminal force against any person to deprive
him of the enjoyment of any right
• To use criminal force against a person and compelling
him to do something which he is legally not bound to
do.
Slide 191
 They must have a Common Object

• Prior meeting of minds not important

• The common object can be also formed at the spur of the moment

Slide 192
 COMMON OBJECT COMMON INTENTION

Prior meeting of minds is Prior meeting of minds is

more general and casual more specific
Active participation is not Active participation is
essential essential

More loose agreement More specific agreement

Involves 5 or more persons Can be between 2 or more

to do an act persons
Collective action is not Collective action is
important important

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 SECTION 142 : Member of Unlawful Assembly

(1) Knowledge of the CO and

• Did offence

• Directly liable Because

member of Unlawful
Assembly

Slide 194
 SECTION 142 : Member of Unlawful Assembly

(2) Intentionally Joins or Continues in it…

• Some members didn’t do any offence

• Still constructively liable even if didn’t do offence

• Mere fact that was a member of Unlawful assembly

at that time – Liable of offence

Slide 195
 SECTION 143 : PUNISHMENT

• Member of Unlawful Assembly

• Six months Imprisonment or fine or both

Slide 196
 Section 149 : Every member of unlawful assembly guilty of
offence committed in prosecution of common object

Constructive Liability
Every member at time of offence was member of Unlawful
assembly

Offence done by member of

Assembly in prosecution of Common
Object

All Liable

Slide 197
 REQUIREMENTS

• Unlawful assembly Section 141

• Main accused was member of Unlawful
assembly at time when he committed offence
• Offence was committed in prosecution of the
common object
• Other accused was a Member of the same
Assembly at the time of the commission of
offence

Slide 198
 HIDDEN WEAPON

Knowledge that No knowledge of

weapon is the weapon and
hidden likelihood of its
use

All will be liable

for offence done Not liable for
with it offence done with
it assembly ; will
Retired Hurt : means left unlawful
not be liable for acts done after his leaving the
Unlawful assembly

Slide 199
 Section 144 :Joining an Unlawful Assembly Armed
with Deadly Weapon

• Joining assembly with a deadly weapon.

• The weapon could be anything that has the potential

to cause death Punished for 2 years or fine or both.

• Under this Section, a person who is although not

carrying a deadly weapon, but is a part of an
unlawful assembly will still be liable to be punished.

Slide 200
 Section 145 : Joining or continuing in unlawful assembly,
knowing it has been commanded to disperse

Slide 201
 Section 146 :Rioting

• For rioting the presence of at least 5 people is necessary.

• Force / Violence used by Unlawful assembly
• civil unrest and is usually sudden and provocative
behaviour.
• It shows a herd-like mentality

Slide 202
 SECTION 147. Punishment for rioting

• two years, or with fine, or with both.

Slide 203
 SECTION 148. Rioting, armed with deadly weapon

• imprisonment for up to 3 years, which shall depend on the

impact of rioting or fine or both.
• Difference between Riot and Unlawful Assembly
 Rioting = Unlawful Assembly + Violence
 Rioting is the same as an unlawful assembly with the
addition of violence

Slide 204
 Section 159 :Affray

• fighting (not quarrel)

• in the public
• disturbs the public order and peace.
• two or more persons

Slide 205
 SECTION 160 : PUNISHMENT

one month of imprisonment or fine of Rs 100 or

both.

Slide 206
 Promoting Enmity between Classes

• This category of public offence comes under Section

153A and 153B of the IPC.

• promotion of enmity between different groups on grounds of

Religion, Race, Place of birth, Residents, Language, etc
punishable.

• The punishment under this Section is maximum imprisonment of

3 years or fine or both. However, if the above-mentioned offence
is committed inside a religious institute then the punishment
would exceed up to 5 years and could be liable for fine as well.
Slide 207
 Essential Ingredients of Section 153A

• Promotion of enmity between different groups of

religion, race, caste, residence, place of birth,
community or any other group.

• disturb the public tranquillity and encourages discords

between different groups or castes or communities.

• Acts or objects that cause fear or alarm or threat or

insecurity for any religious, racial, language or regional
group or caste or community by the use of criminal
force or any sort of violence against them.
Slide 208
 Essential Ingredients of Section 153A

• Mens Rea is an important element to hold a person

liable for punishment under this Section (Bilal Ahmad
Kalo vs State of Andhra Pradesh).

• The presence of two communities is important to

attract this provision. Mere derogation of the feelings
of one community without any reference to any other
community is not considered under this Section. (Bilal
Ahmad Kalo vs State of Andhra Pradesh).

Slide 209
 Section153B

• This section was added to contain the rising

disharmony amongst various communities.

• This was added in the year 1972, in which there

was a high level of tension amongst various
castes and this was affecting not only the social
harmony prevalent in the society but was also
affecting the national integrity of the country.

Slide 210
 Section153B

• Publishes an imputation that certain person who

belongs to a particular class, religion or caste
cannot bear allegiance to the national integrity.

• A certain group of people belonging to particular

castes or community are bereaved of their right
to citizenship.

• Any of the aforementioned act must perpetuate

discord and harmony amongst different classes
of people.
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 CHAPTER 11 : FALSE EVIDENCE

Slide 239
 PUBLIC SERVANT: WRONGDOER

Slide 240
Slide 241
 FALSE/ FABRICATE EVIDENCE (Section 191- 196)

Section 191: Giving

Section 192: Fabricating
Section 193: Punishment for Sec 191, 192
Section 194: Punishment for sec 191,192, To procure
punishment of capital offence
Section 195: Punishment for sec 191,192, To procure
punishment of LI/imp
Section 195A: Punishment for sec 191,192, Threaten to
give false evidence/induce
Section 196: Punishment for sec 191,192, Use evidence
known to be false

Slide 242
 SECTION 191: GIVING FALSE EVIDENCE

Slide 243
 SECTION 192 : FABRICATING FALSE EVIDENCE

 To fabricate/ manufacture evidence/make false documents

 For judicial proceeding
 Or other proceedings

Slide 244
 PUNISHMENT FOR SECTION 191-192

Slide 245
 FALSE CERTIFICATE

Section 197:
Issuing or signing False certificate

knowing or believing that such certificate is false in

any material point

Section 198:
Using as true a certificate Known to be false

corruptly uses or attempts to use

Slide 246
Slide 247
 HARBOUR

Section 212 :
 Harbours or conceals a person knows or
 reason to believe to be the offender, intention of
screening him from legal punishment

Section 216:
 Harbouring offender
 In custody
 Escaped from custody

Section 216 A:
 Penalty for harbouring robbers or dacoities
 Punish : 7 years and fine
Slide 248
 GIFT TO SCREEN OFFENDER

Section 213 :
Taking gift to screen offender
 In consideration of concealing an offence ;or
 Screening any person from legal punishment

Section 214:
Offers gift to screen offender
 In consideration of concealing an offence, or
 Screening any person from legal punishment

Slide 249
 PROCEEDING RELATED TO

Section 217 :
 Public servant disobeying direction of law
with intent to save person

Section 218 :
 Public servant framing incorrect record or
writing with intent to save person

Slide 250
 PROCEEDING RELATED TO

Section 219 :
 Being a public servant, corruptly or maliciously
makes in judicial proceeding, any report,
order, verdict, or decision which he knows
to be contrary to law

Section 220:
 Public servant Commit for trial, Corruptly

Slide 251
 ARREST/CONFINEMENT RELATED

SECTION 220 :
 Person having authority
 Corruptly or maliciously commits person for trial or
to confinement, or
 keeps any person in confinement,

Slide 252
 ARREST/CONFINEMENT RELATED

SECTION 221 :
 Public servant
 Intentionally omits to apprehend person, or
 Intentionally suffers such person to escape, or
 Intentionally aids such person in escaping

Slide 253
 ARREST/CONFINEMENT RELATED

SECTION 222 :
 Section 221 + under sentence of a Court of Justice for any offence

Slide 254
 ARREST/CONFINEMENT RELATED

SECTION 223 :
 public servant
 To keep in confinement any person charged
with or convicted of any offence
 Negligently suffers such person to escape from
confinement

Slide 255
 ARREST/CONFINEMENT RELATED

SECTION 225A : Residual :

 Omission to apprehend, or
 Sufferance of escape, on part of public servant,
 In cases not otherwise, provided for

Slide 256
 RESIST APPREHENSION

SECTION 224 : Himself

 Intentionally resistance or
 Illegal obstruction
 To the lawful apprehension of himself

Slide 257
 RESIST APPREHENSION

SECTION 225: Any other person

 Intentionally offers any resistance or
 Illegal obstruction
 To the lawful apprehension of any other person

Slide 258
 RESIST APPREHENSION

SECTION 225 B: Residual

 In cases not otherwise provided

Slide 259
 FAILURE
SECTION 227
 Conditional remission of punishment,
 knowingly violates any condition on which such
remission was granted
 Shall be punished with the punishment to which he was
originally sentenced, if he has already suffered no part
of that punishment, and
 if he has suffered any part of that punishment, then
with so much of that punishment as he has not
already suffered
Slide 260
 FAILURE

SECTION 229A
 By person released on bail or
 Bond to appear in court

Slide 261
 FAILURE

Section 228 : INSULT A JUDGE

 Intentionally insult,
 Causes any interruption to judge

Slide 262
 FAILURE

Section 228A
 Disclosure of identity of the victim of certain offences
 Prints or publishes the name
 In cases of sexual offences

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