INDIAN PENAL CODE,1860

A PRESENTATION FOR POs OF

RCTs
 LAW
Prof. Salmond defined law as
“ The body of principles recognized and applied
by the State in the administration of justice”.
Law consists of rules recognized and acted
on by the courts of justice.
Law is the means where as justice is the end.
Law is an instrument of social progress.
It is a “social engineering” to make a balance
between individual wants and social interest.
 Oxford Dictionary defines law as
“The body of rules, whether proceeding
from formal Act or from custom, which a
particular State or community
recognizes as binding upon its
members”.
Law pre-supposes a State which has
the sanction to enforce the law. Without
a State, law has no meaning.
Mostly, Law is obeyed as a matter of
habit.
The highest law in India is the
Constitution of India.
No other law is above it.
If any law has a provision against the
Constitution, it is ultra vires and not
binding
 KINDS OF LAW
1. SUBSTANTIVE LAW
 Defines the offences like theft, robbery,
dacoity, hurt, murder etc.
 Mostly contained in the Indian Penal
Code,1860 and other special Acts like the
Railways Act,Prevention of Corruption
Act etc.
2. PROCEDURAL LAW
 Lays down the procedure as to
(i) how an offender shall be arrested and
by whom
(ii) how an investigation will be made
(iii) how the bail will be allowed
(iv) what are the various courts and how
they shall try an offender
(v) codified in the Criminal Procedure
Code,1973 and Code of Civil
Procedure,1976
3. EVIDENTIARY LAW
- Speaks of the relevant evidence
which may be given in court to prove
any particular offence.
- Contained in the Indian Evidence
Act,1872.
 INDIAN PENAL CODE, 1860
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this
Code and not otherwise for every act or omission
contrary to the provisions thereof, of which he shall
be guilty within India
Even a foreigner who enters the Indian territory also
submits himself to the operation of Indian laws and
he cannot be allowed to plead in defence that he did
not know that he was doing wrong, as the act was
not an offence in his own country.
It is a cardinal principle of criminal law that all
persons should be treated equal in the eyes of law.
 EXCEPTIONS
According to provisions of Art.361 of the
Constitution of India.
 High dignitaries of the State i.e the President of India
and the Governors of the States.
 Not answerable to any court for the exercise and
performance and duties of his office or for any act
done or purporting to be done by him in the exercise
and performance of those powers
 No criminal proceedings whatsoever shall be instituted
in any court during the term of his office.
 No process for arrest or imprisonment shall be issued
from any court during the terms of his office.
  No civil proceedings in which the relief is
claimed against the President or the Governor
shall be instituted during his term of office in
any court in respect of any act or purporting to
be done by him in his personal capacity.
 ForeignSovereign
 Diplomats
Ambassadors and certain members of diplomatic
staff also enjoy immunity from the jurisdiction of
the courts of the country.
 Alien enemy
 Cannot be tried by the criminal courts of the
country in respect of their acts of war. They
shall be dealt with under martial law.
 Foreign army
 Ifa foreign army, by consent of the Indian
Government, is stationed on Indian soil, it is
exempt from the jurisdiction of the state and
consequently from the jurisdiction of the
criminal courts.
 Warships
 Foreign naval forces on board of warships of
their country in territorial waters of India are not
subject to the jurisdiction of the criminal courts
of the country.
 TABLE OF CONTENTS
Chapter I – Introduction (Sec. 1 to 5)
Chapter II – General Explanations ( Sec.6
to 52-A)
Chapter III – Punishments ( Sec.53 to 75)
Chapter IV – General Exceptions (Sec.76
to 106)
Chapter V– Of Abetment (Sec. 107 to
120)
 TABLE OF CONTENTS
Chapter V-A – Criminal Conspiracy
(Sec.120A & B)
Chapter VI – Of Offences against the
State (Sec.121 to 130)
Chapter VII – Of offences relating to the
Army, Navy and Air Force (Sec.131 to
140)
 TABLE OF CONTENTS

Chapter VIII – Of offences against the

public tranquility (Sec.141 to 160)
Chapter IX – Of offences by or relating
to public servants (Sec. 161 to 171)
Chapter IX-A – Of offences relating to
elections (Sec. 171-A to 171-I)
 TABLE OF CONTENTS
Chapter X – Of contempts of the lawful authority
of public servant (Sec.172 to 190)
Chapter XI – Of false evidence and offences
against public justice (Sec.191 to 229)
Chapter XII – Of offences relating to coin and
government stamps (Sec.230 to 263-A)
Chapter XIII – Of offences relating to weighs
and measures (Sec.264 to 267)
 TABLE OF CONTENTS
Chapter XIV – Of offences affecting the
public health, safety, convenience,
decency and morals (Sec. 268 to 294-
A)
Chapter XV – Of offences relating to
religion (Sec. 295 to 298)
Chapter XVI – Of offences affecting the
human body (Sec. 299 to 377)
 TABLE OF CONTENTS
Chapter XVII – Of offences against
property (Sec. 378 to 462)
Chapter XVIII - Of offences relating to
documents and to property marks (Sec.
463 to 489-E)
Chapter XIX – Of the criminal breach of
contracts of service (Sec. 490 to 492)
 TABLE OF CONTENTS
Chapter XX – Of offences relating to
marriage (Sec. 493 to 498)
Chapter XX-A – Of cruelty by husband
or relatives of husband (Sec.498-A)
Chapter XXI – Of definition (Sec.499 to
502)
Chapter XXII – Of criminal intimidation,
insult and annoyance (Sec. 503 to 510)
 TABLE OF CONTENTS
Chapter XXIII – Of attempts to commit
offences (Sec. 511)
 CHAPTER IX
OF OFFENCES BY OR RELATING
TO PUBLIC SERVANTS
SECTION 161 TO SECTION 165 A
HAVE BEEN OMITTED BY
PREVENTION OF CORRUPTION
ACT,1988
Section 166:Public servant disobeying
law,with the indent to cause injury to any
person.
Punishable with simple imprisonment for a
term upto one year or with a fine or both.
Section 167: Public servant framing and
incorrect document with the intent to
cause injury.
Punishable with imprisonment upto three
year or with fine or with both.
Section 168-Public servant unlawfully
engaging in trade
Punishable with simple imprisonment upto
one year or with fine or with both.
Section 169-Public servant unlawfully
buying or bidding for properties.
Punishable with simple imprisonment with two
years or with fine both;and the property, if
purchased, shall be confiscated
Section 170-Personating a public servant.
Punishable for a term of two years or with a
fine or with both.
Section 171-Wearing garb or carrying
token used by public servant with
fraudulent intent.
Punishable with imprisonment with
three months or with fine upto Rs.200/-
or both.

M.L.PANDIA