Indian_criminal_law

Indian Penal Code

Indian Penal Code

Erstwhile Penal code of Republic of India

The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was replaced by Bharatiya Nyaya Sanhita in December 2023. It was a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first Law Commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Lord Thomas Babington Macaulay.[1][2][3] It came into force on the subcontinent during the British rule 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.

Quick Facts The Indian Penal Code, 1860, Imperial Legislative Council ...

On 11 August 2023, the Government introduced a Bill in the Lok Sabha to replace the Indian Penal Code with a draft Code called the Bharatiya Nyaya Sanhita (BNS).[4]

History

The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Lord Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1835. Based on a simplified codification of the law of England at the time, elements were also derived from the Napoleonic Code and Edward Livingston's Louisiana Civil Code of 1825. 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 puisne judges of the Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860.[5] The code came into operation on 1 January 1862. Lord Macaulay did not survive to see the penal code he wrote come into force, having died near the end of 1859. The code came into force in Jammu and Kashmir on 31 October 2019, by virtue of the Jammu and Kashmir Reorganisation Act, 2019, and replaced the state's Ranbir Penal Code.[6]

Objective

The objective of this Act is to provide a general penal code for India.[7] Though not the initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India. This was done because the code does not contain all the offences and it was possible that some offences might have still been left out of the code, which were not intended to be exempted from penal consequences. 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 the code.

Structure

The Indian Penal Code of 1860, subdivided into 23 chapters, comprises 511 sections. The code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences. The Outline is presented in the following table:[8]

More information Chapter, Sections covered ...

A detailed list of all IPC laws which include above is here.[9]

Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.[10]

  • Section 377 The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same-sex individuals.[11]
  • On 11 December 2013, the Supreme Court of India overruled the judgment given by the Delhi High court in 2009 and clarified that "Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality". The Bench said: "We hold that Section 377 does not suffer from ... unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable." It, however, said: "Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati."[12]
  • On 8 January 2018, the Supreme Court agreed to reconsider its 2013 decision and after much deliberation agreed to decriminalise the parts of Section 377 that criminalised same-sex relations on 6 September 2018.[13] The judgement of Suresh Kumar Koushal v. Naz Foundation was overruled.[14]

Attempt to Commit Suicide - Section 309

The Section 309 of the Indian Penal Code deals with suicide attempts, whereby attempting to die by suicide is punishable with imprisonment of up to one year. Considering long-standing demand and recommendations of the Law Commission of India, which has repeatedly endorsed the repeal of this section, the Government of India in December 2014 decided to decriminalise attempts to die by suicide by dropping Section 309 of the IPC from the statute book. In February 2015, the Legislative Department of the Ministry of Law and Justice was asked by the Government to prepare a draft Amendment Bill in this regard.[15]

In an August 2015 ruling, the Rajasthan High Court made the Jain practice of undertaking voluntary death by fasting at the end of a person's life, known as Santhara, punishable under sections 306 and 309 of the IPC. This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the Supreme Court against the order.[16][17] On 31 August 2015, the Supreme Court admitted the petition by Akhil Bharat Varshiya Digambar Jain Parishad and granted leave. It stayed the decision of the High Court and lifted the ban on the practice.

In 2017 the new Mental Healthcare Act of India was signed. Section 115(1) of the act effectively decriminalised suicide, saying "anyone who attempts suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code."

Adultery - Section 497

The Section 497 of the Indian Penal Code has been criticised on the one hand for allegedly treating women as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery.[18][19] This section was unanimously struck down on 27 September 2018 by a five-judge bench of the Supreme Court in case of Joseph Shine v. Union of India as being unconstitutional and demeaning to the dignity of women. Adultery continues to be a ground for seeking divorce in a Civil Court, but is no longer a criminal offence in India.

Death penalty

Sections 120B (criminal conspiracy), 121 (war against the Government of India), 132 (mutiny), 194 (false evidence to procure conviction for a capital offence), 302, 303 (murder, has been declared unconstitutional in the case of Mittu Singh vs State of Punjab), 305 (abetting suicide), 364A (kidnapping for ransom), 396 (dacoity with murder), 376A (rape), 376AB (rape on woman under twelve years of age), 376DB (gang rape on woman under twelve years of age), and 376E (repeat offender) have the death penalty as a maximum allowable punishment. There is ongoing debate about abolishing capital punishment.[20] Still major activists are debating on this topic.

Criminal justice reforms

In 2003, the Malimath Committee submitted its report recommending several far-reaching penal reforms including separation of investigation and prosecution (similar to the CPS in the UK) to streamline criminal justice system.[21] The essence of the report was a perceived need for a shift from an adversarial to an inquisitorial criminal justice system, based on the Continental European systems.

Amendments

The code has been amended several times.[22][23]

More information S. No., Short title of amending legislation ...

Acclaim

The code is universally acknowledged as a cogently drafted code, ahead of its time[citation needed]. It has substantially survived for over 150 years in several jurisdictions without major amendments. Nicholas Phillips, Justice of Supreme Court of United Kingdom applauded the efficacy and relevance of IPC while commemorating 150 years of IPC.[24] Modern crimes involving technology unheard of during Macaulay's time fit easily within the code[citation needed] mainly because of the broadness of the code's drafting.

Cultural references

Some references to specific sections (called dafā/dafa'a in Hindi-Urdu, دفعہ or दफ़ा/दफ़आ) of the IPC have entered popular speech in India, Pakistan and Bangladesh. For instance, con men are referred to as 420s (chaar-sau-bees in Hindi-Urdu) after Section 420 which covers cheating.[25] Similarly, specific reference to section 302 ("tazīrāt-e-Hind dafā tīn-sau-do ke tehet sazā-e-maut", "punishment of death under section 302 of the Indian Penal Code"), which covers the death penalty, have become part of common knowledge in the region due to repeated mentions of it in Bollywood movies and regional pulp literature.[26][27] Dafa 302 was also the name of a Bollywood movie released in 1975.[28] Similarly, Shree 420 was the name of a 1955 Bollywood movie starring Raj Kapoor.[29] and Chachi 420 was a Bollywood movie released in 1997 starring Kamal Haasan.[30]

See also

References

  1. [1]
    Universal's Guide to Judicial Service Examination. Universal Law Publishing. p. 2. ISBN 978-93-5035-029-4.
  2. [2]
    Lal Kalla, Krishan (1985). The Literary Heritage of Kashmir. Jammu and Kashmir: Mittal Publications. p. 75. Retrieved 19 September 2014.
  3. [3]
    "Law Commission of India - Early Beginnings". Law Commission of India. Retrieved 19 September 2014.
  4. [4]
    https://aninews.in/news/national/general-news/legal-experts-hail-centres-move-to-revamp-colonial-era-ipc-crpc-indian-evidence-act20230811184754/ [bare URL]
  5. [5]
    "Historical Introduction to IPC (PDF)" (PDF).
  6. [6]
    Jammu and Kashmir reorganised into UTs of JK and Ladakh, security under centre's ambit, state constitution Ranbir Penal Code abolished. Firstpost.
  7. [7]
    "Preamble of the IPC".
  8. [8]
    B.M.Gandhi (2006). Indian Panel Code (2013 ed.). EBC. pp. 1–832. ISBN 978-81-7012-892-2.
  9. [9]
    "India penal code" (PDF). India code - a repository of state and central acts. Ministry of law and justice. Retrieved 23 March 2020.
  10. [10]
    B.M.Gandhi (2006). Indian Penal Code. EBC. pp. 1–796. ISBN 978-81-7012-892-2.
  11. [11]
    "Delhi High Court strikes down Section 377 of IPC". The Hindu. 3 July 2009. ISSN 0971-751X. Retrieved 24 September 2018.
  12. [12]
    Venkatesan, J. (11 December 2013). "Supreme Court sets aside Delhi HC verdict decriminalising gay sex". The Hindu. ISSN 0971-751X. Retrieved 24 September 2018.
  13. [13]
    "SC decriminalises Section 377: A timeline of the case". The Times of India. 6 September 2018. Retrieved 7 September 2018.
  14. [14]
    "Supreme Court's decision on Section 377: Separate decision of 5 Judges [Read Judgement]". www.lawji.in. Archived from the original on 9 September 2018. Retrieved 9 September 2018.
  15. [15]
    "Attempt to Suicide". Press Information Bureau. Ministry of Home Affairs, Government of India. Retrieved 15 August 2015.
  16. [16]
    "Rajasthan HC says Santhara illegal, Jain saints want PM Modi to move SC". The Indian Express. Retrieved 15 August 2015.
  17. [17]
    "Rajasthan HC bans starvation ritual 'Santhara', says fasting unto death not essential tenet of Jainism". IBN Live. CNN-IBN. 10 August 2015. Retrieved 15 August 2015.
  18. [18]
    "Wife is private property, so no trespassing". The Times of india. 17 July 2015. Retrieved 15 August 2015.
  19. [19]
    "Adultery law biased against men, says Supreme Court". The Times of India. 3 December 2011. Retrieved 15 August 2015.
  20. [20]
    Abrams, Corinne (3 September 2015). "The Reasons India's Law Commission Says the Death Penalty Should Be Scrapped".
  21. [21]
    "IPC Reform Committee recommends separation of investigation from prosecution powers (pdf)" (PDF). Retrieved 23 May 2012.
  22. [22]
    Parliament of India. "The Indian Penal Code" (PDF). childlineindia.org.in. Retrieved 7 June 2015. Public Domain This article incorporates text from this source, which is in the public domain.
  23. [23]
    The Indian Penal Code, 1860. Current Publications. 7 May 2015. Retrieved 8 June 2015.
  24. [24]
    "IPC's endurance lauded". The New Indian Express. Retrieved 24 September 2018.
  25. [25]
    Henry Scholberg (1992), The return of the Raj: a novel, NorthStar Publications, 1992, ... People were saying, 'Twenty plus Four equals Char Sau Bees.' Char Sou Bees is 420 which is the number of the law that has to do with counterfeiting ...
  26. [26]
    Star Plus, The Great Indian Laughter Challenge – Jokes Book, Popular Prakashan, ISBN 978-81-7991-343-7, ... Tazeerat-e-hind, dafa 302 ke tahat, mujrim ko maut ki saza sunai jaati hai ...
  27. [27]
    Alok Tomar; Monisha Shah; Jonathan Lynn (2001), Ji Mantriji: The diaries of Shri Suryaprakash Singh, Penguin Books in association with BBC Worldwide, 2001, ISBN 978-0-14-302767-6, ... we'd have the death penalty back tomorrow. Dafa 302, taaziraat-e-Hind ... to be hung by the neck until death ...
  28. [28]
    D. P. Mishra (1 September 2006), Great masters of Indian cinema: the Dadasaheb Phalke Award winnersGreat Masters of Indian Cinema Series, Publications Division, Ministry of Information and Broadcasting, Government of India, 2006, ISBN 978-81-230-1361-9, ... Badti Ka Naam Dadhi ( 1975), Chhoti Si Baat ( 1975), Dafa 302 ( 1 975), Chori Mera Kaam ( 1975), Ek Mahal Ho Sapnon Ka (1975) ...
  29. [29]
    "Shree 420" – via www.imdb.com.
  30. [30]
    Haasan, Kamal; Puri, Amrish; Puri, Om; Tabu (19 December 1997), Chachi 420, retrieved 3 April 2017

Further reading

  • C.K.Takwani (2014). Indian Penal Code. Eastern Book Company.
  • Murlidhar Chaturvedi (2011). Bhartiya Dand Sanhita,1860. EBC. ISBN 978-93-5028-140-6.
  • Surender Malik; Sudeep Malik (2015). Supreme Court on Penal Code. EBC. ISBN 978-93-5145-218-8.
Share this article:

This article uses material from the Wikipedia article Indian_criminal_law, and is written by contributors. Text is available under a CC BY-SA 4.0 International License; additional terms may apply. Images, videos and audio are available under their respective licenses.