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Unit-1: 1.Crime, essentials and stages 2.Histrorical background of IPC (15 marks) Historical background of IPC: 1.There was no criminal law in uncivilized society. Every man was liable to be attacked in his persons or property at any time by anyone. 2.” Tooth got tooth, Eye for eye, Life for life” was the forerunner of criminal justice. 3.As time advanced, the injured person agreed to accept compensation instead of killing his enemy. 4.The germs of criminal jurisprudence came into existence in India at the time if Manu 5.In the category of crime Manu has recognised assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, Rape, Murder. 6.The kind administered justice himself and he is busy, the matter was entrusted to a judge. 7.If a criminal was fined, the fine went to king’s treasury, and was not given as compensation to the injured party. 8.Vasco De Gama a subject of Portugal first discovered the passage to India.
- There after the Portuguese begun to carry on Trade with India. 10.Portuguese were followed by Dutch subsequently Britishers came on and begun to carry on Trade with India. 11.As they were successful Queen Elizabeth granted a charter with incorporated east India company.
12.In 1609, James I renewed a charter and In 1661 Charles II gave similar powers while renewing it. 13.The charter of 1668 transferred to the Bombay to the east India Company. 14.The court of Judicature which was established in 1672 sat once in a month for its general sessions and of cases. 15.In 1683, Charles II granted a further charter for establishing a court of judicature at such places as the company might decide. 16.In 1687, Another charter was granted by which a mayor and corporation were established. 17.By these charter English men who came to India entrusted with administration of justice both civil as well as criminal. 18.Strange charges were formed, and strange punishments were titled. 19.In 1726, the court of directors made a representation to the Ground for proper justice in India in civil and in criminal cases.
- In 1753, another charter was passed under which mayors were not empowered to try suits between Indians and no person was entitled to it as a judge who has an interest in the suit.
- In 1765, Robert Clive came to India for the third time and succeeded in obtaining the grant of Dewani from the Mughal emperor.
- In 1772, Warren Hastings took steps for proper administration of criminal justice.
- In 1773, the Regulating Act was passed which affect the administration of criminal justice. 24.The charter of justice made the foundations of the jurisdiction of supreme court was Dated March 26th,
3. Terrestrial Jurisdiction Section-2: Territorial jurisdiction: Punishment of offences committed within India, every person shall be liable to punishment under this code and otherwise for every act or omission contrary to the provision thereof, of which he shall be guilty within India. Under sec 2, every person is made liable to punishment without caste and religion provided the offence which he is charges has been committed in some part of India. Though there is No exception in favour of anyone in IPC, But the following persons are always exempted from the jurisdiction of criminal courts of every country. I.Foreign Sovereigns II. Ambassadors- representatives of Independent sovereign states III. Alien enemies- in respect of Acts of war alien enemies cannot be tried by criminal codes. IV.Foreign Army- when armies of one stat or by consist on the soil of a foreign state, they are exempted from the jurisdiction of the state on whose soil they are. V.Warships- men of war of a state in a foreign water are exempted. VI.President and Governors – under Article 361 of constitution, the president ad governors are exempted from the jurisdiction of force. VII.The territorial waters of India extend into the high sea to a distance of 12 Nautical miles. From the appropriate base land. In case of British India’s team navigation limited company v. shanmuga villas industry, 199(3) SCC. 481
VIII.In Brief, sec-2 exclusively deals with territorial jurisdiction. if any offence mentioned under IPC, committed within the territory of India, Our Indian courts are having territorial jurisdiction. IX.Sec-3 and 4 of IPC deals with extra territorial jurisdiction. SECTION-3: Punishment of offences committed beyond India shall be dealt with according to the provisions of this code for any act committed beyond India in the same manner as if such act had been committed with in india.to the laws of the country would be still liable to be tried in India. If it was an offence under Indian law Sec-3 deals with extra territorial jurisdiction, An Indian citizen who committed an offence outside India, which was not an offence according to the laws of that country would be still liable to be tried in India. If it was an offence under Indian law. In mohammad sajeed khan v. state of Kerala, it was held that an offence committed outside India by a citizen of India can be investigated by the local police even without the clear permission of central government. Sec-3, it is applicable only under Extradition Act 1762, IPC 1860, CRIMINAL PROCEEDING CODE 1973. SECTION-4: The provision of this code applies also to any offence committed by- I. Any citizen of India in any place without and beyond India. II.Any person on any ship or aircraft registered in India whereas it may be India committing offence targeting a computer resource located in India. III.Any person in any place without and beyond India committing offence targeting a computer resource located in India.
If the citizens of different countries commit robbery upon the ship in high sea in the respective position of enmity, then only it amounts to privacy. •AIRCRAFT: The provisions of this code are applicable to any offence committed by any person on any aircraft registered in India. SECTION-5: The provisions of IPC not applicable to the personal of Navy, Army and Aircraft because they are governed by the provisions of Army Act 1950, Airforce Act 1950, Navy Act 1957, in regard to the offences or mutiny committed by them. •Mutiny: offences committed by Navy / Army / Air force against their officers.
3.public servant SECTION-21: Public servant Under Section-21, the word ‘public servant’ denotes a person falling under any one of the following disciplines – 1.Repealed 2.Every officer in military, army or air force 3.Every judge including any person empowered by law to discharge himself as a member of anybody or persons, any adjudicatory functions. 4.Every officer of a court of justice including a liquidator receives or commission, whose duty it is to investigate (or) report on any matter of law or fact to make authenticate report or to preserve order in the court any person from specially authorised by the court of justice to perform the above duties 5.Every juryman, assessor or a member of panchayat assisting a court of justice. 6.Every Arbitrator or other person to whom any matter has been referred for decision or report by any court of justice or by any competent. 7.Every person who holds any office by custody of which is he is empowered to place or keep any person. 8.Every person of the govt. whose date it is to prevent offences to give information of offences to bring offenders to justice cost to protect the public health and safety (police). 9.Every office whose duty is to take, receive any property on behalf of the govt. or make any survey or contract on behalf of the govt or execute any investigation or report in the interest of govt or to prevent the violation of any laws for the protection of govt.
III. According to Madya Pradesh high court every counsellor is a public servant under sec-352 of municipalities Act. IV. The supreme court held that an MLA is not a public servant within the meaning of sec-21 of IPC because under explanation 12. He gets pay and allowance by way of honorarium. He is not in the pay of state govt. V. The employees of life and general insurance corporation have been to be a public servant. VI. An IAS officer posted as manging Director of state Finance Corporation is a public servant. VII. Employee of nationalised Bank, sarpanch of Gram panchayat – public servant. { Service in pay of govt (central or state) Entrusted with public duty - Public duty
- Public duty MLA – NOT PUBLIC SERVANT – ACC. TO 12 OF SEC 21 – HE MAY NOT PAID MONTHLY BUTGIVEN HONORANIUM. {{LIC, IAS, Employee of nationalised bank, Sarpanch}} – public servant. } (-sarpanch of a gram panchayat held to be a public servant)
4. punishment CHAPTER-III: OF PUNISHMENTS Section-53: The punishments to which offenders are liable under the provisions of this code. Punishments are uncertain under IPC. Depending upon the following theories: •Deterrent theory: A punishment is primarily deterrent when its object is to show the fertility of crime & thereby teach a lesson to others. •Retributive theory: According to this theory, punishment is a form of expiation and the other meaning is taking a vengeance (kaksha) for the act done.it means eye for eye, tooth for tooth. •Theory for compensation: According to this theory, the object of punishment must not be merely to prevent further crimes, but also to compensate he victim of the crime. •Preventive theory: They believed that ‘prevention is better than cure’ this theory aims at preventing a crime by disabling the criminal from the society. Example: - solitary confinement etc., •Reformative theory: it is the new Theory; Mahatma Gandhi is great supporter of this theory. This theory depends on certain principles. They are: 1.“Hundred wrongdoers may escape from punishment, but one innocent should not be punished”.
-7 countries although abolitionists for murder and ordinary crimes but provide death penalty in exceptional circumstances. -According to Amnesty international committee china is the world’s most active death penalty country, china executes more people than rest of the world. The following are top ten countries who execute death penalty actively. 1.China
- Iran
- Saudi Arabia
- Iraq
- U.S
- Pakistan
- Yemen
- North Korean
- Vietnam
- Libya -In independent India the following executions were implemented: 1.Narayan obte and Nathuram Godse were hanged on 15th Nov 1949 for killing Mahatma Gandhi.
- kehar Singh& satwanth Singh were hanged in tehari jail on 6th Jan 1989 for killing Indira Gandhi.
- Harjinder Singh & Sukhdev Singh were hanged on 9th oct, 1992 for killing Arun Sridhar, Indian chief Army.
- Auto Shankar was hanged on 27th April 1991 in Salem, Tamil Nadu.
- Dhananjay Chatterjee was hanged on Aug 14, 204 for rape & Murder on 14yrs old girl.
- Mohammad Afzal Khasab was hanged on Nov 21st, 2012 for Mumbai attack in 2008.
- Mohammad Afzal guru hanged on Feb 8th,2013 for attack on Indian Parliament in 2001. 8.Yakub Abdul razzaq memon was hanged on July 30th, 2015 for financing 1993 Mumbai Bomb Blasting’s. -In independent India Death penalty is executed by way of hanging. -Death Punishment is awarded for murder in rarest of rare cases.it may be awarded for the following offences: i)Raising war against Govt. of India. sec-121. ii)Abetting Mutiny actually committed. Sec -132. iii)Giving (or) Fabricating false evidence alone which an innocent person suffers, death. Sec-194. iv)Threatening (or) Inducing any person to give false evidence. If innocent person is convicted and sentenced in consequence of such false evidence with death sec-195-A part-III. v)Murder. Sec- vi)Abetment of suicide of a minor (or) an insane (or) an intoxicated person. Sec-305. vii)Attempt to murder by life convicts Sec-307 Part-III. viii)Kidnapping for ransom. Sec-364-A. ix)Causing death (or) resulting in persistent vegetative state of rape victims. Sec-376-A. x)Repeat offenders of offences punishable under Sec-376 (or) Sec- 376-A (or) Sec-376-D.
As a result of criminal law amendment act 2013 it effected from4-3-
- Rigorous imprisonment shall be given for the following offences: a. Public servant (Sec-21) disobeying directions under law – shall be punished with imprisonment not less than 6 months Sec-166-A. b. Voluntary causing grievous hurt by use of acid – Imprisonment not less than 10yrs. Sec-326-A. c. Outraging the modesty of a women – Imprisonment not less than 1 yr. Sec-354. d. Assault (or) use of criminal force to women with intend to dissolve- imprisonment not less than 3 yrs. Sec-354-B. e. Voyeurism- Imprisonment not less than 1yr. Sec-354-C. f. Trafficking of person- Imprisonment not less than 7yrs. Sec- g. Exploitation of a trafficked of child- imprisonment not less than 5yrs it may extend to 7 yrs. & fine. Sec- 300-A. h. Rape Sec-376(1) – 7yrs, Sec-376(2) – 10yrs. i. Causing death (or) resulting in persistent vegetative state of victim- imprisonment not less than 20yrs – Sec- 376- A. j. Rape committed by husband upon his wife when the wife is aged below 16yrs. Sec-376-B not less than 2yrs. This section also powers when the spouse is in separation. k. Rape by a person in authority Sec-376-C not less than 5yrs imprisonment. l. Gang Rape-Sec- 376-D. punishment- not less than 20 yrs. As a result of criminal law amendment Act-2013, the punishment for rape is rigorous imprisonment not less than 10yrs but which may extend to imprisonment for life. Here life imprisonment means
imprisonment for the remainder natural life of accused & shall also be liable to fine. Simple Imprisonment: The following offences are punishable with simple imprisonment under IPC: I.Public servant unlawfully engaging in trade (or) unlawfully buying (or) betting property Sec-168 & 169. II.A person absconding to avoid service of someone’s (or) other proceeding in disobedience to an order of public servant. Sec- 172,173,174. III.Intentional omission to produce a document to a public servant by a person legally bound to produce such document. Sec-175,176,187. IV.Refusing Oath when duly required to take Oath by a public servant Sec-178,179,180. V.Disobedience to an order by a public servant, if such disobedience causes obstruction causes obstruction (or) injury. Sec-188. VI.Escape from confinement negligently suffered by a public servant Sec-223,225-A. VII.Intentional insult (or) interruption to a public servant sitting in any stage of judicial proceeding Sec-228. VIII.Continuous nuisance after injunction to discontinue. Sec-291. IX.Wrongful restraint Sec-341. X.Defamation, printing (or) Selling defamatory matter known to be sold. Sec-500,501,502. XI.Uttering any word (or) making any sound (or) gesture with an intention to insult the modesty of a women. Sec-509.
(a) In case of commutation of death sentence central govt. is appropriate govt. (b) In case of commutation of other than death sentence, state govt. is the appropriate govt. Section-56: Omitted Section-57: fractions of terms of punishment Life imprisonment shall be equivalent to imprisonment for 20yrs. Section-58: Omitted Section-59: Omitted Section-60: sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple In every case if the offence is punishable with imprisonment shall be only rigorous (or) only simple (or) partly rigorous (or) partly simple. Section-61: Repealed Section-62: Repealed Section-63: Amount of fine Where no sum is expressed for a fine amount then the offender is liable unlimited, but it shall not be excessive. Section-64: Sentence of imprisonment for non-payment of fine. Where the offence is punishable with imprisonment & fine, if the accused unable to pay the fine amount then additional imprisonment shall be given to the accused on the ground of failure of non- payment of fine. Section-65: limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
When the offence is punishable with non-payment of fine. The fine shall not exceed 1/4th of the maximum term of imprisonment fixed under IPC for that offence. Section-66: Description of imprisonment for non-payment of fine The additional imprisonment for default of payment of fine may be wholly rigorous (or) wholly simple (or) partly rigorous & partly simple. Section-67: Imprisonment for non-payment of fine, when offence punishable with fine only If the offence is punishable with fine only the imprisonment which the court imposes shall not exceed the following scale. When the amount is Rs.50/- the imprisonment not exceeds 2 months. If the amount exceeds Rs. 50/- & up to 100/- the imprisonment term is up to 4 months. If the fine exceeds Rs. 100/- then the imprisonment term doesn’t exceed 6 months. Section-68: Imprisonment to terminate on payment of fine The imposed imprisonment shall terminate whenever the fine amount is paid. Section-69: Termination of imprisonment on payment of proportional part of fine Example: - ‘A’ is sentenced to fine of Rs. 100/- & 4 moths of imprisonment in default of payment. If he payed only Rs. 75/- then he will be discharged as soon as 1st month is expired. Section-70: Fine leviable within six years (or) during imprisonment- Death not to discharge property from liability.
