INDIAN PENAL CODE, 1860

INTRODUCTION

IPC is India’s substantive means to penalize crimes through a code. Being a matter of internal security, it’s been undertaken by the “Department of Internal Security” headed by “Ministry of Home Affairs”. It was enacted and enforced on the same date, 06-10-1860 (45 of 1860).It consists of 511 sections in 23 chapters.

 HISTORY

IPC is the product of successive Law Commission constituted by the British during 19^th century, carried out as:

• Constitution of the First Indian Law Commission (1834), chaired by Thomas Babington Macaulay.
• Draft code submitted to the Governor General in council (14^th October, 1837)
• Constitution of Second Law Commission (26^th April, 1845)
• Report of Second Commission on the Draft Penal Code (1846 and 1847 in 2 parts)
• Draft code revised and presente4d to Governor General in Council (1856),revision was done by Bethune and Peacock (Law members)
• Passing of code (6^th October, 1860).

SYNOPSIS

Section 1: Namely, what is being implemented and where.

Section 2and 3: Applicability of punishment based upon territorial boundaries (  whether  within or  extra-territorial respectively).

Section 4: Who are liable for extraterritoriality of the Code.

Section 5: Exceptional laws to this code.

(This is not just a synopsis of CHAPTER 1- INTRODUCTION of IPC, moreover nature and scope to the whole Code).

PREAMBLE

Whereas, it is expedient to provide a general Penal Code for India, It is enacted as follows-

(Certifying that India has been provided with a very convenient form of general Penal Code, comprehended in 511 sections of 23chapters).

 INTERPRETATION OF CHAPTER

CHAPTER 1 – INTRODUCTION (SEC.1-5)

SECTION 1: Title and extent of the code.

It’s called the Indian Penal Code, which extends to the whole of India except the state of Jammu and Kashmir.

Section 2: punishment of offences committed within India

  (Every person for conducting every act or omission for which he shall be guilty within India shall be liable to punishment only akin this Code).

Highlights:

Every person = People within India + Foreign sovereigns

Foreign sovereign: These are exempt by International Law, which indirectly becomes part of national law. So, the foreigner is subject to IPC for an act committed within India.

Within India: This section must be read with section 3, 4, and 108A as they directly or indirectly provides for extra territorial provisions, so the extent of within could be better understood with limits on boundaries.

Every person: Here word “every” highlight the universal application of the code to all persons and expression “person” is defined in section 11. This section 2 should be read as a contrary subject, with various enactments or sources, like:

• The Indian Constitution (Article 361)- Present and Governor accountability
• Exceptional provision I IPC (Chapter-4)- General exception
• Limiting provision in Criminal Procedure Code, 1973.

Rule of International Law (as International Law is considered part of national law and are such rule of International Law states that foreign states and foreign sovereign are not subject to the jurisdiction of national court)

SECTION 3: Punishment of offences committed beyond but which by law may be tried within India.

(Any person, if according to any Indian Law commits an offence, he or she will be liable to this code and so, shall be tried in the same manner as if it’s been committed within India).

Highlights:

Scope: The extra territorial provision of this section is non operative, until the term of the section is not satisfied. And that term is said to be satisfied when the Indian Laws which are being talked about here, itself consists of an extra territorial application provision. As, a very important ingredient of this section is in the words “Any person liable by any Indian Law”.

Applicability via Indian Laws: Initially, IPC itself under section 4 provides for extra territorial application of other laws i.e. special laws, the “extent” clause (usually contained in the first section of the special Law) should be consulted. For example; The Child Marriage Restrain Act, 1929 does not contain any provision for extra- territorial applicability and therefore does not apply to marriage outside India.

SECTION 4: Extension of code to extraterritorial offences

(It specifies that ultimately who could be liable against the applicability of IPC in accordance with sovereign laws, outside India’s territory:

• Any citizen of India in any place without and beyond India.
• Any person on any ship or aircraft registered in India whether it may be).

Explanation- As mentioned in section 3 as well, here “offences” includes an act committed outside India which, if committed in India would be punishable under this code.

Highlights:

Scope: section 4 provides for the extra territorial operation of the Penal Code.     Such operation is conditioned by the nationality of the offender –clause (1) or by the place of commission –caluse (2).

Illegal arrest: Even if a person is arrested outside India illegally for trial in trial in India,m the trial is not vitiated by the illegality of the arrest.

Surrender: Section 4 defines the extra territorial application of the code. Procedure for securing surrender I governed by the Extradition Act, 1962.

Basis of extra territorial jurisdiction: The most fundamental principle of extra territorial jurisdiction is nationality. Section 4 does not apply where the offender is not a citizen of India.

SECTION5: Certain Laws not to be affected by this Act

No provision of this Act, shall affect the provision of those Acts which undergo the proceedings for punishing mutiny (open rebellion against authorities) and desertion of officers, soldiers, sailors or airman in service of the government of India or the provision of any special or local law.

Highlights:

Scope: Section 5 clears that IPC is not exhaustive of the entire criminal law of the country. This section saver the operation of 2 categories of law namely:

• Enactment relating to armed forces (including Army Act, 1950, The Air Force Act, 1950-, The Navy Act, 1957)
• Special and local laws (as defined in section 41-42 of IPC).

Double Jeopardy: Although the operation of certain other laws is saved under section 5 of IPC, it is to be remembered that a person cannot be punished twice for the same offence:

• Section 71, second paragraph ,IPC
• Section 26, General Clause Act,1897
• Article 20, The Constitution of India, 1950.