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The India Penal Code came into effect from

(a) 1st June, 1860


(b) 1st August, 1860
(c) 6th October, 1860
(d) None of the above.
Ans. (c)

The Indian Penal Code is extended to :


(a) All the States of India
(b) Whole of India except the State of J&K
(c) All Union Territories of India
(d) None of the above.
Ans. (b)

Who prepared the draft of Indian Penal Code:


(a) Lord Denning
(b) Lord Chemsford
(c) Lord Macaualy
(d) Pollock
Ans. (c)

The Indian Penal Code is divided into :


(a) XXIII Chapters & 511 Sections
(b) XXIXI Chapters & 511 Sections
(c) XXIX Chapters & 501 Sections
(d) None of the above.
Ans. (a)
The jurisdiction to try a person for an offence depends upon, under the General Principle of
Criminal Law is :
(a) Nationality of the person
(b) Place of commission of crime, within local area of such jurisdiction
(c) A place where such person is found.
(d) None of these
Ans. (b)

MV-Points-To-Remember
Indian Penal Code, 1860
Part - B
Points to Remember
• Criminal Law (Amendment) Act, 2013 is an act to amend the Indian Penal Code, the Code of
Criminal Procedure, 1973, the Indian Evidence Act, 1872 and the Protection of Children from
Sexual Offences Act, 2012
• Criminal Law (Amendment) Act, 2013, Amended Section 100, 166, 228-A, 326, 354, 370, 375,
376, 376-A, 376-B, 376-C and 376-D and Section 509
• Conspiracy to wage war against Government of India is an offence under Section 121A of
Indian Penal Code.
• No criminal liability for abetment if the act abetted is not an offence or where the act abetted is
only a moral wrong.
• Abetment is complete as soon as the abetter has incited another person to commit an offence.
• The principle of de minimus non curat lex is provided in Section 95 of the Indian Penal Code 1860.
• Insanity as a defence means that a person at the time of doing an act by reason of unsound of
mind is incapable of knowing the nature of the act or what he is doing is wrong or what he is doing
is contrary to law.
• The principle of volenti non fit injuria is provided in section 87, 88,& 89 of the Indian Penal
Code 1860.
• In case of imprisonment for non payment of fine, if the payment of the fine is paid in part then
such sentence shall be reduced proportionately.
• Irresistible impulse is not a defence.
• Imprisonment for non payment of fine shall terminate on payment of rent.
• General exceptions are contained in Chapter 4 of Indian Penal Code 1860.
• Section 84 of the Indian Penal Code 1860 provides legal insanity.
• The defence of consent is not available in cases of consent to cause death or grievance hurt
or both.
• The consent in regard to the persons below 12 years of age or persons of unsound mind can
be given by the guardian subject to the restrictions imposed by law. Section 89
• The right to private defence is based on the basic principle of self preservation.
• The right to private defence is available with respect to both persons and property (movable as
well as immovable).
• Right of private defence is not available to the aggressor.
• In case of free fight right of private defence is not available to either of the party.
• The maxim ignorantia juris non excusat means ignorance of law is no excuse.
• Accident is an exception as provided under Section 80 of the Indian Penal Code 1860.
• Section 82 of the Indian Penal Code 1860 lays down the rule of wholly incapax.
• Section 34 of the Act is rule of evidence.
• In cases of assault with intension of committing rape or gratifying unnatural lust the right of
private defence extends voluntarily causing any harm including death.
• In cases of robbery or dacoity the right of private defence extends voluntarily causing any
harm including death.
• Right of private defence is not available against :
(i) any act which is not a legal wrong
(ii) any act which itself is not an offence
(iii) any act which is a moral wrong
• Right of private defence does not extend to causing more harm than is necessary for the
purpose of defence.(Section 99)
• Chapter 5 of the Indian Penal Code 1860 pertains to abetment.
• The abetment can be constituted by instigation, conspiracy or intentional aid.
• Abetment of an offence is always an offence.
• Abetment is complete as soon as the abettor has incited another person to commit an offence.
• A person is not liable for abetment if the act abetted is not an offence or is moral wrong.
• Rape is an offence against human body.
• Section 500 is not applicable in cases of murder.
• Taking away the gold articles / jewellery from the person after murdering her / him is robbery but if
the number of persons is 5 or more than 5 then it is dacoity under the Indian Penal Code.
• The offence of cheating is defined under section 419 of the Indian Penal Code.
• The jurisdiction to try a person for an offence depends upon place where the crime has
been committed.
• The Information Technology (Amendment) Act, 2008 came into force with effect from 27.10.2009.
• Section 464 of the Indian Penal Code was amended by Information Technology (Amendment)
Act, 2008.
• By way of amendment to Section 464 of the Indian Penal Code electronic signature was
substituted by digital signature.
• Every murder is culpable homicide but every culpable homicide is not murder.
• Causing of death of child in the mother's womb is not homicide under the Indian Penal Code.
• Preparation for the commission of a crime is punishable when the propagation is with the
intention with the waging war against the Government of India.
• Preparation for the commission of a crime is punishable when persons are making preparation
to commit dacoity.
• Section 465 of Indian Penal Code provides for punishment of an offence of forgery.
• Actus reus and mens rea are the essential constituents of crime.
• Section 149 creates a specific offence but Section 34 is a rule of evidence.
• Only movable property is subject matter of theft.
• In the offence kidnapping, the consent of minor is not at all material.
• Section 339 of the Indian Penal Code defines the offence of wrongful restraint.
• Grave and sudden provocation is a question of fact.
• Section 300 of Indian Penal Code defines the offence of murder.
• Section 302 of Indian Penal Code prescribes the punishment for the offence of murder.
• The offences relating to contempt of lawful authority of public servant are contained in Chapter-X
of the Indian Penal Code.
• Section 299 of Indian Penal Code defines the offence of culpable homicide.
• Personating a public servant is an offence under Section 170 Indian Penal Code.
• Culpable homicide not amounting to murder is punishable with imprisonment for life
or imprisonment for 10 years.
• Culpable homicide is not amounting to murder, in case it is committed :
i. in exercise of right of private defence in good faith.
ii. in graves and sudden provocation
iii. without premeditation
iv. in a sudden fight in the heat of passion.
• Making imputation or assertions prejudicial to national integration is an offence under Section
153B of Indian Penal Code.
• Section 403 of Indian Penal Code defines the offence of dishonest misappropriation of property.
• The offences relating to marriage are provided in Chapter 20 of the Indian Penal Code.
• The punishment for the offence of molestation under the Indian Penal Code is imprisonment
upto two years.
• The right to private defence is commenced as soon as reasonable apprehension of danger to
the body arises
• Culpable homicide is amounting to murder :
(i) if the person committing the act knows that it is so imminently dangerous that it must in
all probability, cause death.
(ii) if the act is done with the intention of causing such bodily injury intended to be inflicted
is sufficient in the ordinary course of nature to cause death.
(iii) if the act is done with the intention of causing such bodily injury as the offender knows to be
likely to cause the death of the person to whom the harm is caused.
• The offence of extortion can be committed against immovable property, movable property and
valuable security.
• In the offence of extortion trust may be used against any one.
• The offence of criminal breach of trust requires :
(i) entrusting any person with any property or any dominion over the property
(ii) the person entrusted dishonestly misappropriates the property to his own use.
• The roots of Indian Criminal Jurisprudence can be traced to Manu.
• The aim of Criminal Law is Punishment.
• 42nd report of the Law Commission recommended revision of Indian Penal Code.
• Actus Reus includes both positive and negative acts.
• “Although, prima facie and as a general rule, there must be a mind at fault before there can be
a crime, it is not an inflexible rule, and a statute may relate to such a subject-matter and may be
so framed as to make an act criminal whether there has been any intention to break the law or
otherwise to do wrong, or not.” This express of Wills is in the classic case R. Versus Tolson.
• The Indian Penal Code punishes voluntary acts.
• The limits of India’s Territorial Waters is described under section 3 of the Territorial
waters, Continental shelf, Exclusive economic zone and other Maritime zones Act, 1976.
• Article 297 of the Constitution of India mandates ‘all lands, minerals and other things of value
underlying the ocean within territorial waters, or the continental shelf, or the exclusive
economic zone, of India shall vest in the Union and be held for the purposes of the Union’
• By virtue of Vienna Convention the Ambassadors, High commissioners, Diplomatic agents and
UN representatives entitled to immunity against criminal prosecutions.
• In India, law relating to the offence of perjury is given a statutory definition under Section 191 of
the Indian Penal Code.
• Fabricating false evidence is defined under the provisions of Section 192 of the Indian
Penal Code.
• An affidavit is evidence within the meaning of Section 191 of the Indian Penal Code.
• The use of the force caused to property without affecting a human being is not the “use of
force” defined in Section 349 of the Indian Penal Code.
• Criminal force is equivalent to Battery in English law.
• Assault or criminal force to deter public servant from discharge of his duty is made
punishable under Section 353 of the Indian Penal Code.
• An accused strips a girl naked and then making her lie flat on the ground undresses himself and
then forcibly rubs his erected penis on the private parts of the girl but fails to penetrate the same
into the vagina and on such rubbing ejaculates himself. He is liable to be punishable under Section
511 read with Section 376 of the Indian Penal Code.
• A women cannot be made an accused in the case of Gang Rape. The Supreme Court held in
Priya Patel Vs. State of M.P.
• A corporate body can be prosecuted for the offence of defamation.
• Criminal intimidation is defined in section 503 of the Indian Penal Code.
• Cohabitation caused by a man deceitfully including a belief of lawful marriage is an
offence punishable under Section 493.

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