Indian Penal Code overview

By

S. UMAPATHI., IPS, (Retd.)

IGP , i/c A.P. Police
Email: umapathi_sattaru@yahoo.com
Cell: 9440700900; 040-24593118
Give me a
boon to hide
my un-
accounted
wealth from
CBI / IT
Police officer worried
at receiving a new
voluminous case for
investigation.
Subordinate Officer
calling a Doctor and
tell the senior officer
not to worry
 Criminal Justice System
Police

Prisons and Forensic Services

Correctional services

Judiciary Prosecution
 Certain Jurisprudence Principles
i. ‘salus populi est suprema Lex’
The welfare of the people is Supreme Law.
ii. ‘Ignorancia juris neminum non excusat’
Ignorance of Law is no excuse
i. ‘Autrefois convict, ‘autrefois acquit’
Person once convicted or acquitted not to be trial for
the same offence (Sec.300 Cr.PC)
i. ‘nemo debit bis vexari
A man must not be put twice in peril for the same
offence (Art 20 (2) of the Constitution)
 Art. 14 all are equal before law

 Principle of equality
 State brief for those who cannot afford a
legal counsel
 Audi alteram partem .Hear both the sides
 Doctrine of public interest litigation (PIL)
 Same Jail,
Liability of Prosecutor and Investigating
Officer

in State of Gujarat Vs Kishanbai in Crl. Appeal

No. 1485 of 2008 dt: 07.01.2014, the Supreme
Court directed every State Government should
put in place a procedural mechanism to review
all acquittals and each erring officer must
suffer the consequences of his lapses by
appropriate departmental action
 Finding Truth

In Joshinder Yadav Vs State of Bihar in Crl. Appeal

259 of 2009 held that in a criminal trail the
Investigation Officer, the prosecutor and the Court
play a very important role. The Courts prime duty is to
find out the TRUTH. The I.O., the prosecutor and the
Court must work in synchronization and ensure that
the guilty are punished , brining on record adequate
credible evidence. If the I.O. fumbles, the prosecutor
must pull him up and take necessary steps to rectify
the lacunae.
 Synergy of three major Acts
 IPC (511 Sections) provides the ingredients of criminal
offences and exceptions.

 Cr.PC (484 Sections) provides for procedure for

investigation trial, Judgement, Appeal, compounding
etc.,

 IE Act (167 Sections) provides for what type of

evidence admissions, relevancy, admissible or not ,
certain presumptions, oral, documentary and electronic
evidence.
 Indian Penal Code 1860 Over view
 Drafted by Lord Macaulay in 1837 and enacted in
1860.
 Has 511 sections with 23 chapters
 Latest amendment was in 2013 (following Nirbhaya
case)
 Wider arena of law w.r. to crime against women and
children, role of Police in registration of F.I.Rs
 Every ‘person’ is liable to punishment
 Except diplomatic agents who enjoy immunity from
the Criminal Jurisdiction of the receiving State.
 Indian Penal Code 1860 Over view contd……

 Extension of code to extra- Territorial offences ( Sec.3

read with 188 Cr.PC)
 The pronoun ‘he’ and its derivatives are used of any
person whether male / female. (Sec.8)
 The word ‘person’ includes any company or Association
or body of persons ( Sec.11)
 The word ‘public’ includes any class of the public or
any community ( Sec. 12)
 “Public Servant” Sec. 21 IPC
a) 21 (12 (a) Every person in the service or pay of the
Government or remunerated by fees or commission
for the performance of any public duty by the
Government.

b) Every person in the service or pay of a local

authority, a corporation established by or under
central, provincial or State Act or a Government
company.
 Definitions encompassing white collar crime
 Wrongful gain (sec.23),
 Dishonestly ( Sec. 24)
 Fraudulently ( Sec.25)
 Counterfeit Currency ( Sec. 28)
 Document ( 29)
 Electronic record (29 A)
 Valuable security (Sec.30)
 Common intention vs. common object
 Common intention u/s 34 IPC and
common object u/s 149 IPC.

 While Sec. 149 Cr.PC gives preventive

jurisdiction
 Difference betn.sec. 34 & 149 IPC

Sec. 34 IPC
 Common intention has to be judged by part played
by all the accused , nature of injuries inflicted and the
surrounding circumstances.
 While Sec.34 does not by itself create any specific
offence, Sec. 149 IPC does so.
 While participation in physical violence is necessary
u/s 34 IPC, Sec. 149 IPC envisages mere membership.
 While Sec.34 IPC does not fix a min no. of persons

who must share common intention, Sec. 149 IPC

requires presence of at least five persons.
 Definition of offence
 “offence “ (Sec. 40 IPC) denotes a
thing made punishable by this code
 Facts and circumstances of the case
 Intention-Preparation-Commission
 General exceptions
GENERAL EXCEPTIONS (Sec.76-106 IPC)
 Secs. 76 to 106 have the effect of converting an
offence in to a non offence
 They are of universal nature
 They apply to the definition of every offence
contained in the code
 The burden of proof is on the person who wants
to take advantage of a particular exception
 Genl. Expns… Judicial Acts

Sec.77.Act of judge when acting judicially –

good faith – belief that the power is given
to him
Sec.78.Act done pursuant to the judgment
or order of Court -belief that the Court
has such jurisdiction
 Genl. Expns… Mistake of fact
 bona fide intention manifested by the circumstances is
the essence

 Sec.76. Act done by a person bound, or by mistake of fact

believing himself bound, by law – Ex: police Constable
opening fire under the order of his superior officer. PC
has committed no offence

 Sec.79.Act done by a person justified, or by mistake of

fact believing himself justified, by law –Ex: a Sub-
inspector catching hold of a person whom he believes
that the person is about to commit murder. SI commits
no offence.
 Genl. Expns…Accident

 80. Accident in doing a lawful act

 It exempts the doer of an innocent or lawful act in an

innocent or lawful manner and with out any criminal
intention or knowledge from any unforeseen evil result
that may ensure from accident or misfortune
 Ex:- while Bhim Rao was working with a hatchet, the
head flies off and kills a man who is standing by. Bhim
Rao’s is act is excusable and not an offence if he has
taken proper precautions.
Genl. Expns… Absence of criminal intent

 81.Act likely to cause harm, but done without criminal

intent, and to prevent other harm – mens rea
 Ex:- fire man pulling down houses to prevent fire from
spreading. No offence
 82.Act of a child under seven years of age- no offence –
age of accused to be proved
 Ex:- A child throwing a burning fire wood on hay-
stack – resulting in loss to another person - no offence
Genl. Expns… Absence of criminal intent contd
 83.Act of a child above seven and under twelve of
immature understanding –child has not attained sufficient
maturity of under standing to judge the nature and
consequences of his conduct
 Ex:- when Suraj came with a knife to nine year old child’s
house and tried to attack his mother the child hit him
with a pounder. No offence
 84.Act of a person of unsound mind- said to be non
compos mentis – not of sound mind (an idiot / illness /
lunatic or a mad man / who is drunk )
 the four different unsound mind matters need to be
proved.
Genl. Expns. Absence of criminal intent contd.

 85. Act of a person incapable of judgment by reason of

intoxication administered to him without his knowledge or
against his will
 u/s 85 a person will be exonerated from liability for doing
an act while in a state of intoxication if he at the time of
doing it is incapable of knowing the nature of the act or
that he was doing what was either wrong or contrary
to law.
 Voluntary drunkenness is no excuse for the commission
of crime
 86. Offence requiring a particular intent or knowledge
committed by one who is intoxicated.
 Genl. Expns… Absence of criminal intent
contd..

 92.Act done in good faith for benefit of a person without

consent
 Ex:- A surgeon performs operation on a child who suffered
an accident with out consulting his parents - good faith –
for the benefit of the child
 93.Communication made in good faith – for the benefit of
the person to whom it is made.
 Ex:- a surgeon in good faith communicates to a patient
his opinion that it is very difficult to survive. Patient dies
of shock.
Genl. Expns… Absence of criminal intent
contd..

 94. Except murder and offences against the State

punishable with death, nothing is an offence which is
done by a person who is compelled to do it by
threats, Act to which a person is compelled by
threats
 Ex:- Bhim Rao was forced by Ramji under threat of
instant death to throw a dead body. Bhim rao can
not be charged for abetment .
 Genl. Expns. Consent
 87. Act not intended and not known to be likely to cause
death or grievous hurt, done by consent.
 Ex:- injuries caused during wrestling, fencing, racing
 90. Consent known to be given under fear or misconception
 1. by a person under fear of injury
 2. by a person under misconception of fact
 3. by a person of an unsound mind
 4. by a person who is intoxicated
 5. by a person under 12 years of age
 Ex. In a prosecution for rape obtaining the consent of the
Prosecutrix by exercising deceit can not be a legitimate
defence to exculpate the accused
 Genl. Expns… Trifling Acts…

 91. Exclusion of acts which are offences independently of

harm caused. Ex. causing miscarriage ( unless in good faith
or to save life)
 The exceptions in Sec 87, 88, and 89 donot extend to acts
which are offences independently of any harm which they
may cause to the person giving consent, or on whose behalf
the consent is given.
 95. Act causing slight harm that no person of ordinary
temper would complain of such harm
 Genl. Expns… Good faith

88. Act not intended to cause death, done by consent in

good faith for person's benefit.
Ex: a surgeon knowing that a particular operation is risky,
likely to cause death of the patient performs the operation
with the consent. But patient succumbs. No offence.
89. Act done in good faith by guardian for benefit of child
under 12 yrs or of insane person consenting the infliction of
harm.
Ex: guardian asking the surgeon to operate on a child
suffering from big size kidney stone that is risky.
 Genl. Expns… Right of Private Defence
(R.P.D)
 96.Things done in private defence
97. Right of private defence of the body and of property
 98. Right of private defence against the act of a person of
unsound mind, etc.
 99.Act against which there is no right of private defence.
Extent to which the right may be exercised When the
right of private defence of the body extends to causing
death
 100. When the right of private defence of the body
extends to causing death
 101. When such right extends to causing any harm other
than death
 R.P.D contd…

 102. Commencement and continuance of the right of

private defence of the body.
 103. When the right of private defence of property
extends to, causing death
 104. When such right extends to causing any harm
other than death
 105. Commencement and continuance of the right of
private defence of property.
 106. Right of private defence against deadly
Right of private defence:sec 96
 It is neither a right of aggression nor of reprisal
 No RPD where there is no apprehension of danger
 RPD is available only when suddenly confronted with
necessity of averting an impending danger not of self
creation
 Right is not available if there is sufficient time for
recourse to public authorities
 Not to cause more harm than that is necessary
 Reasonable apprehension of death or grievous hurt
to person or damage to property.
RPD : Sec 97
 Self preservation of one’s life is necessary
concomitant of right of life in Art 21-
fundamental in nature , sacred, precious and
inviolable
 RPD to defend his own body or body of any
other person against any offence affecting
human body
 RPD ( property) against theft, robbery,
mischief or criminal trespass or attempts
 AGGRESSOR HAS NO RPD
RPD: Sec 98 against act of a person
of unsound mind
 Unsound mind, intoxication of person
doing the act, or by reason of any
misconception
 Ex. Bhimji enters by night his own
house where his friend vinod in good
faith, attacks him presuming him to be
a house breaker. Vinod excercised RPD.
bhimji also has RPD to resist
 Sec 99 Act against which no RPD
 Where a public servant acts irregularly in the
exercise of his powers, and not where he
acts outside the scope of his powers
 Ex. Police officer arresting a person or
searching a house without authority,
municipal staff seizing push carts,
 Such persons can take recourse to the
protection of public authorities
 If the act of public servant is ultra vires RPD
may be exercised against him
 Sec 100 RPD of body extends to
causing death
 A person’s RPD to the voluntary causing of death or of any
other harm to the assailant
 1. reasonable apprehension that death or 2.grievous hurt
will other wise be the consequence of such assault
 3.an assault with intention of committing rape / 4.gratifying
un natural lust
 5.an assault with intention of kidnapping or abducting
 6.an assault with the intention of wrongfully confining a
person who will not have recourse to public authorities for
his release
 Proof of preponderance of probabilities is sufficient
Sec 101 right extends to causing
any harm other than death
 Any harm short of death can be inflicted in
exercising the RPD in any case which does
not fall within the provisions of Sec 100
 Whoever exceeds is punishable.
 ex : a person opening fire on receiving a
stone hit resulting in a bleeding injury
Sec 102: commencement and
continuation of RPD of body
 It commences and continues as long as
danger to body lasts.
 There must be an attempt or threat and
consequent apprehension of danger.
 It is not necessary that the party
exercising right must have suffered some
injury at the hands of attackers.
 No right to inflict harm for the past acts
Sec 103: RPD of property extends to
causing death
 Robbery
 House-breaking by night
 Mischief by fire committed on any building,
tent or vessel used as a human dwelling or
as a place for custody of property
 Theft, mischief or house trespass-
apprehension of death or grievous hurt.
Sec 104:right of property extends to
causing any harm other than death
 Applies in cases where an injury (but not
death) is inflicted in the course of his
committing the offences of theft,
mischief, or criminal trespass
Sec 105: commencement and
continuance of RPD of Property
 RPD commences when a reasonable
apprehension of danger to property
commences.
 Till the offender has retreated with property
 Till the assistance of public authorities is
obtained
 Till the property has been recovered
 A recapture of stolen property ,while it is
being carried away, is authorized
Sec106: RPD against deadly attack
when risk of harm to innocent person
 Bhimji is attacked by a mob who attempt
to murder him. He cannot effectually
exercise his RPD without firing on mob,
and he can not fire without risk of harming
young children who are mingled with the
mob.
 Bhimji commits no offence if by firing, he
harms any of the children
 Property offences…over view
 Sec 378/ 379 IPC: Theft
 Sec 380 IPC : Theft in dwelling house
 Sec 382 IPC : theft after preparation made for causing
death , hurt
 Sec 384 IPC : Extortion
 Sec 390 / 392 IPC : Robbery- voluntarily causing death or
hurt or wrongful restraint while committing theft
 Sec 395 IPC: Dacoity- five or more persons conjointly
commit or attempt to commit robbery
 Sec 396 IPC: Dacoity with murder
 Sec 400 IPC: Punishment for belonging to gang of dacoits
 Chapter V ( Abetment Sec. 107 to 120)
 Very Important Legal aspect
 Instigating any person to do a thing

 Engaging with one or more person in any conspiracy

for doing that thing.

 Intentionally aids, by any act or illegal omission the

doing of that thing.

1.Ex:-Harshad Mehta Bank Scam:- High level office
bearers, Managers are involved
Ex:- CMD of UCO Bank, its GM facilitating Mehta to
obtain Rs. 40 Crore. 5 banks Officers are charged and
convicted. Harshad Mehta died
 Contd…..

2.Ex:- illicit liquor trade of Kerala – mixing of poisonous

Methyl spirit - 48 accused faced trial . Convicted with
life imprisonment for causing death of 31 people and
blindness to 500 persons.
3.Obulapuram mining case : CBI filed Charge Sheet
for environmental degradation and illegal mining in
AP and Karnataka - Disposal of forest land or land
under de-notification.
4.High Court of Karnataka set aside the Government
notification as it suffered from jurisdictional error and
violative or principles of natural justice.
 Offences against the State (Chapter VI)
(Ex: Mohd.Ajmal Kasab case)


Assembly of 5 or more persons with common object

to over awe by criminal force,
 to resist the execution of any law,
 to commit any mischief or criminal trespass by show of
criminal force obtaining possession of any property
becomes unlawful assembly
 Sec. 149 IPC is added to other section of law if offence
is committed pursuant to the common object.
Chapter IX ( offences by or relating to
Public Servant )
Sec. 166 A IPC : A Public servant
(a) knowingly disobeys any direction of the law
(b)Knowingly disobeys any directions of the law
(c) fails to record FIR u/s 154 Cr.PC in acid attack
(Sec. 326 A, 326 B IPC ) or assault or use of criminal
force to a woman with intent to outrage her modesty
( Sec. 354 IPC), intent to disrobe a woman ( Sec. 354
B IPC ) Trafficking is persons ( Sec. 370/ 370 A IPC )
rape case u/s 376, 376A, 376B (Marital rape) , 376C
(Person in authority), 376D (gang rape), Sec. 376 E
(Repeat offence of rape) and 509 IPC (uttering word or
gesture intended to insult the modesty of a woman
( Cognizable –Bailable).
Sec. 166 B IPC Punishment for non-treatment of rape /
acid attack victims ( Hospital i/c refusing to treat)
Law on adulterated foods / drinks/
drugs.
In U.P and west Bengal Sec. 272 to
276 are cognizable non-bailable trial
by sessions Judge, Punishable with
like imprisonment
 Assault or Public Servant
Sec. 186 IPC (Obstructing Public Servant in discharge
of public functions : non-cognizable / Bailable
Sec. 353 IPC ( Assault or use of criminal force to
deter Public servant from discharge of his duty
(cognizable / non-bailable )
Sec.332 IPC ( voluntarily causing hurt defined u/s
319 IPC ) to deter a public servant from discharging
his duly (cognizable / non-bailable/ non compoundable )
Sec. 333 IPC (voluntarily causing grievous hurt
defined us/ 320 IPC ) to deter a Public Servant.
cognizable / non-bailable/sessions trial as punishment
is up to 10 yrs and fine and non compoundable.
 Dowry related / Harassment cases
 Sec.498 A IPC Husband or relative of husband of a
woman subjecting her to cruelty (‘ relative’ is not
defined in the code)
 Sec. 304 B IPC : causing death of married woman within
seven years of her marriage by subjecting her to
cruelty or harassment by her husband or any relative
of her husband
 Sec 509 IPC: word, gesture, or act intended to insult the
modesty of a woman.
Offences relating to Road / River accidents
1) Rash driving or riding in a public way (Sec. 279 IPC
Cognizable/bailable
2) Sec. 280 IPC (Rash navigation of a vessel)
Cognizable / Bailable .
3) Sec. 337 IPC (causing Hurt by act endangering life
or public safety of others Cognizable/bailable
/compoundable
4) Sec. 338 IPC (causing grievous hurt by act
endangering life or personal safety of others
Cognizable/bailable /compoundable
5) Sec. 304 A IPC causing death by negligence 2 yrs or
fine Cognizable/bailable / non-compoundable
 Bodily Offences
 Murder (Sec. 302 IPC )
 Punishment for culpable homicide not amounting to
murder (Sec. 304 IPC)
 Abetment to suicide (Sec. 306 IPC)
 Attempt to murder (Sec. 307 IPC)
 Voluntarily causing ‘ hurt’ by dangerous weapons or
means (Sec. 324 IPC)
 Voluntarily causing ‘ grievous hurt’ by dangerous
weapons or means
 Voluntarily causing ‘ grievous hurt’ by use of acid (Sec.
326 A IPC)
 Voluntarily throwing or attempt to throw acid (Sec. 326
B IPC)
 Sexual harassment of women
 Sec. 354 Assault or criminal force to woman
with intent to outrage her modesty.
 Sec.354 A Sexual harassment and punishment
for sexual harassment
 Sec.354B Assault or use of criminal force to
woman with intent of disrobe
 Sec.354 C Voyeurism
 Sec.354 D Stalking
 Sexual Offences

 Sec.376 IPC punishment

 Sec.376 A IPC Punishment for causing death or
resulting in persistent vegetative state of victim
 Sec.376 B IPC Sexual intercourse by husband upon
his wife during separation
 Sec.376 C IPC Sexual intercourse by a person in
authority
 Sec.376 D IPC Gang Rape
 Sec.376 E IPC punishment for repeat offenders
White collar crime
 Sec 403 IPC: Dishonest misappropriation of
property
 Sec 406 IPC: Criminal breach of trust
 Sec 415/ 420 IPC: cheating
 Sec 463 to 470 IPC : Forgery
 Sec 477 A IPC: Falsification of accounts
 Sec 499 A to E IPC: FICN cases
 Intention
 Preparation
 Commission
 Ingredients of offences
 Good faith
 Rashness / negligence
 Good will / ill will
 State of body / state of mind
 Wrongful loss / wrongful gain
 Physical facts / psychological facts
Actionable Research Changed the
Social Fabric of Indian Society

Thank You for your kind attention