Dinesh Rajasekaran / CRIMINAL LAW / LLB YEAR / Dr.Ambedkar Law College / 9551386967 INDIAN PENAL CODE 1860, Important Sections: Jurisdiction Sec 1-5 ‘© Territorial Jurisdiction Sec 2 ‘© Personal Jurisdiction © Intra Territorial Jurisdiction ata Territorial Jurisdiction Sec 3 & 4 (© Extra Territorial Operation Sec 3 © Extension of the code to Extra Territorial offences Sec 4.1 ‘© Admirlty Jurisdiction Sec 4.2 *# Certain Laws not to be affected by IPC Sec 5 # Fraud Sec.24 # Omission See.33, # Offence Sec.40 ‘Stages in Commission of a Crime © Intention Preparation = Attempt Accomplishment ‘Theories of Punishment Deterrent theory * Retributive theory + Preventive theory * Reformative theory + Expiatory theory kinds of Punishment ‘© Kisa- Retaliation by family members + Diya-Blood Money + Hadd-Fiked punishment # Tazeer-Discretionary Punishment + Siyasat-Punishment by King Punishments under IPC Death Penalty Life Imprisonment ‘© Imprisonment © Rigorous + Simple * Forfeiture of Property + Fine Joint Liability * Common Intention 5.34 © 2ormore person © Common intention to commit offence © Infurtherance of common Intention (© Participation by all the accused Common Object 5.149 (© Assembly of § or more person © Must have common object in ‘commiting the offence (© Object must be in the nature as given below + Overawe the government by sing criminal force + Resisting the execution of law + To commit any Mischief, Criminal trespass + Forcible possession and dispossession of property + illegal compulsion ‘Criminal Conspiracy $.120A & S.120B # Dacoity 5.391 = Dacoity + Murder 5.396 ‘+ Lurking House Tresspass 5.460 ‘Abetment 5.107-120 Definition $.107 When one person is instrumental in commission of an offence. Classification of Criminals Principal in First degree ‘+ Principal in second degree © Rccessory before the fact + Recessory after the fact ‘© -Abetment by instigation © Abetment by Conspiracy * Abetment by Intentional Aiding Abettor 5.108 ‘The person who abets another to commit an offence. Essentials ‘+ Abetment of illegal omission isan offence ‘© Abetment act need not be committed ‘© Person abetted need not commit the offence © Abetment of an abetment isan offence © Abetment need not show in abetment by conspiracy. Abetment in India of offences outside India $.108.A Punishment for Abetment 5.109 ‘offence committed-Same punishment If offence not committed 1/4" of the Punishment Ctiminal Conspiracy $.120-A & $.120.8 Definition It is an act of making secret plan by one or more persons witha view to do something wrongDinesh Rajasekaran / CRIMINAL LAW / LLB YEAR / Dr.Ambedkar Law College / 9551386967 Essentials There must be an agreement between 2 oF more persons The agreement must be for © Doing an illegal act (© Doing 2 lawful act by illegal means There must exist overt act Punishment $.120-8 A part of a conspiracy to commit a serious offence, is punished in the same manner as if he had abetted the offence * Conspiracy to commit any other offence, Imprisonment upto 6 months with or without fine or both Vicarious Liability Definition Liability which is incurred for the acts of another. Principles ‘Qui facit per alium facit per se-He who does an act through another is deemed in law to do it himself Respondent Superior Exceptions Generally vicarious liability is unknown to criminal law except for, * Defamation 5.499 + Public Nuisance s.268 + Owner or occupier of land where unlawful assembly is held $.154 ‘Owner or occupier for whose benefit RIOT is committed $.155 General Exceptions or Defences S.76-105 (MJAN I 0CTR) © Mistake 5.76 and 5.79 (© Mistake of Fact 5.76 © Mistake of Law 5.79 Acts §.77 and 5.78 © Judicial officers protection Act 1850, © Judges protection Act 1985 + Accident 5.20 (© Without any criminal Intention (© Indoing a lawful act + By lawful manner + By lawful means + With proper care and caution + Necessity .81 (© Necessitas non habet legem- Necessity knows no law © The act must have done under good faith = Judi (© There should be no Mens Rea Infancy 5.82 and 5.83 © Doli Incapax (© Anact done by a child below 7 years © Child above 7-12 Yrs, must not have attained sufficient maturity to judge the consequence of the act (© Incapacity must exist at the time of commission ofthe act Insanity 5.84 (© Accused is of Unsound Mind (© That he does not know the nature of act he is doing (© That he doing what is either wrong or contrary to law © Types are Lunatics, Idiots, Disease, Drunkenness © Legal insanity and Medical insanity (© Me.Naughtens rules of Insanity ‘© Drunkenness 5.85 and 5.86 (© Incapable of knowing the nature ofthe act © That he was doing what was either wrong or contrary to law (©. That the thing which intoxicated him was given to him without his knowledge Consent s.87-93 If the act is done without the intention of causing death. Harm is caused to any person with his consent. Person giving consent is above 18 years. Consent may be express or Implied © Act not intended to cause death $.88 ‘Act done for benefit of child .89 Consent given under Fear .90 Exclusion of acts 8.91, ‘Act done in good faith for benefit of person 8.92 ‘Acts done by person through Threats 5.94 + Trivial Acts 5.95 (© Acts causing slight harm, ‘Right to Private Defence 5.96-106 Committing an offence in exercise of ones right to defend his lif, liberty or property. (© Things done in Private defence $.96 (© Right to defend person or Property 57 (© Right to defend against insane/Drunk 598 (© Limitation on Right to PD S.99Dinesh Rajasekaran / CRIMINAL LAW / LLB YEAR / Dr.Ambedkar Law College / 9551386967 © Right of PD when death may be caused to offender 5.100 ‘© When harm other than death may be caused 5.101 © When ight of PO of body commences s.02 ‘© When right of PD of property extends to Death $.103, ‘© When Right of PO of property extends toharm other than Death $104 © When PO of property commences 5.105 (© Right of PD to protect an Innocent 8.106 ‘OFFENCES AFFECTING HUMAN BODY S.299.5.377 (OFFENCES AFFECTING LIFE $.299.309 Culpable Homicide s.299 © Anintention to cause death * Anintention to cause bodily injury likely to cause death * Knowledge that death islikely to happen + Punishment for CH not amounting to Murder is Life Imprisonment or 10 Yrs and Fine. ‘Murder S.300 # Anoffence cannot fall nto murder unless itis a Culpable Homicide. ‘+The Maximum punishment is Death Sentence. Exceptions Grave and Sudden provocation + Right of Private defence Public Servant exceeding power, Sudden fight * Consent Rash or Negligent Homicide S.304-A © Anact done with a consciousness ofa risk that evil consequences will follow. + Punishment is2 Yrs or with Fine or with both Dowry Death s.304- ‘The death of Women should be caused by burns or bodily injury + Such a death should have occurred within 7 vears of marriage + She must have been subject to cruelty by husband or relatives + Such cruelty should be for Dowry Punishment is 7 Ys Jal or Life ‘Abetment of Suicide $.305 ‘© A person who instigates another to commit suicide ‘Abetment of Suicide of Child or Insane 5.305 ‘© Punished with Death sentence or Life or 10 Yrs. or with fine ‘Abetment of Suicide $.306 ‘© Punished with 10 Yrs or with fine. Attempt to Murder 5.307 ‘+ Unsuccessful Murder is attempt ‘Attempt to commit Suicide 5.309, ‘© A person who commits suicide Is one who deliberately puts an end to his own existence. ‘© Punishment is one year imprisonment or fine or with both. OFFENCES RELATING TO BIRTH OF CHILOREN $.312-318 Causing Miscarriage S.312-.314 ‘© Miscarriage means premature expulsion of embryo. Causing Miscarriage with women's consent S.312 ‘© Punishment is 3 Yrs or Fine if the women is not ‘Quick with chile ‘© Punishment is 7 Yrs or Fine if the women is not ‘Quick with chil Causing Miscarriage without women’s consent $.313 + Punishment is Life oF 10 Yrs or Fine Death caused by act with intent to Cause Miscarriage S314 ‘© Punishment is Life oF 10 Y¢s or Fine Injuries to Unborn 5.315 and s.316 ‘© Whoever before the Birth of child does any act, with the intention of thereby preventing that child from being born alive or causing it to die after its birth, Causing child from being born alive 5.315 Punishment is 10 Yrs of Fine Causing death of quick unborn child 5.316 ‘© Punishment is 10 Yrs or Fine ‘Abandonment of Infants $.317 and S.318 The father or mother of the child who Is below 12. years abandoning that child Exposure and Abandoning the Child $.317 ‘© Punished with 7 Yrs or with fine or with both, Concealment of Birth by secret disposal of Dead body S318 ‘© Punished with 7 ¥rs or with fine or with both,Dinesh Rajasekaran / CRIMINAL LAW / LLB YEAR / Dr.Ambedkar Law College / 9551386967 Hurt and Grievous Hurt 6.319 ~ 5.338 ‘To constitute Hurt its necessary to cause, = Bodily Pain + Disease #_Infirmity to another Hurt 5.319 ‘Voluntarily causing Hurt S321 Punishment for Hurt S.323 ‘© One year imprisonment with Fine or Rs.1000 or both Grievous Hurt 5.320 ‘The aggravated form of hurt is Grievous Hurt. Punishment for Grievous Hurt 5.325 Tears imprisonment with Fine Voluntarily causing Grievous Hurt by Dangerous ‘weapon 5.326 * Life or 10 years imprisonment with Fine Voluntarily causing Grievous Hurt by use of Acid 8.326. © S7Y¢sorFine ‘Wrongful Restraint and Wrongful Confinement 5.339-5.348 Wrongful restraint $.336 The person is restrained from proceeding towards particular direction. © S341 Punishment is imprisonment for 2 ‘Month or Rs.500/- ine ‘Wrongful Confinement 5.340 The person is restrained from proceeding to all direction, ‘5.342 Punishment is Imprisonment for 1 Year ( Rs.1000/-fine Criminal Force and Assault §.349-5.358, Force 5.349 To constitute force there must be, * Causing of Motion Change of Motion * Cessation of Motion Criminal Force 5.350 To constitute criminal force there must be, ‘Intentional use of force to any person ‘Such force should have been used without the consent of the Victim. ‘©The force must have been used to commit an offence. ‘Assault 351 + Anincomplete criminal force is Assault Punishments for Assault or Criminal force otherwise ‘than on Grave Provocation 5.352 ‘© 3 months Imprisonment or Rs.500/-or both ‘Assault or Criminal force to deter Public Servant $.353 * 2Yrsor fine or both ‘Assault of CF to women to outrage her Modesty 5.354 ‘© 15 Yesor fine or both Sexual Harassment 5.354-A © 3Yrsorfine or both Assault or CF with intent to Disrobe S.354- © 3¥1st07 Yrs with Fine Voyeurism s.354-¢ © 3¥1st07 Yrs with Fine Stalking $.354-D © 3Y¢sto5 Yrs with Fine ‘Assault or Criminal force to dishonour a person S.355 #2 Yrsorfine or both ‘Assault or Criminal force to commit theft 5.356 #2 Yrsorfine or both ‘Assault oF Criminal force to wrongfully confine a person 5.357, ‘+ Lyearor fine or both ‘Assault oF Criminal force on Grave provocation S.358 ‘+L month imprisonment kidnapping and Abduction 5.359-5.369, Kidnapping 5.359 Carrying away a person against his / will or against the will of his guardian in case of Minor. napping from India $.360 + 7Yesand Fine inapping from Lawful Guardianship $.361 +7 Yrsand Fine ‘Abduction 5.362 Compelling a person to go from any place. kidnapping or maiming a person for Begging S.363.A #10Vrs to Life with fine Kidnapping in order to Murder 5.364 # Life or 10 Yrs or Fine Kidnapping for Ransom $.364.A Death or Life with fine Kidnapping to secretly confine a person $.365 + 7Ytsand fine kidnapping a women to compel her to Marry 5.366 © 10 Yrswith fine Procuration of Minor Girl .366.8 © 10Yrswith fine Importation of Girl from Foreign country 5.36.8 © 10Yrswith fine kidnapping in order to do Grievous Hurt 5.367 + 10 Yrs with Fine ‘Wrongfully confining kidnapped person 5.368 10 Yrswith fine kidnapping a child under 10 Yrs 5.369 + TY rs mith fineDinesh Rajasekaran / CRIMINAL LAW / LLB YEAR / Dr.Ambedkar Law College / 9551386967 Rape S.375 and 5.376 Having sexual intercourse by 2 man with a women, Against her wil Without her consent \With her consent by Coercion By Mock Marriage Unsoundness of mind She is under 16 Yrs of age ‘When she is unable to communicate consent. Punishment 5.376 #10 Yrstolife to death with fine Custodial Rape * Police officer * Public Servant Member of Armed Forces Officer in Jail Hospital Staff Pregnant Women * Girl below 16 Yrs of age '.376.A-Rape by Husband with separated wife $.376.8-Rape by aPublicServant 5.376.C-Rape by a5. of a Jail 5.376.D-Rape by Hospital Staffs Unnatural Offences $.377 © Whoever voluntarily has carnal intercourse against the order of Nature with any man, animal or women shall be punished with imprisonment for Life or 10 Yrs or fine. (TERD CC RCFMC) ‘Theft 5.378382 Extortion 5383-389 Robbery 5.390, 392-394, 401 Dacoity 5.391, 395-400, 402 Criminal Misappropriation of Property 5403-404 Criminal Breach of Trust 5405-409 Receiving Stolen Property 5.410-414 Cheating 5415-420 Fraudulent Deeds $.421-424 Mischief s.425-440 Criminal Trespass 5.441-462 ‘Theft 5.378.382 Taking away any movable property, Intentionally without the consent of the + 3Y:sor Fine or Both ‘Theft in Dwelling House 5.380 * TY¢swith fine ‘Theft by clerk $.381, 71s with fine ‘Theft after preparing to cause death $.382 © 10Yrswith fine Extortion 5383-389 Blackmalling or obtaining property by Threats. Punishment 5.384 = 3yrs with fine Robbery 5.390, 392-394, 401 ‘+ Inall robbery there is either Theft or Extortion. ‘+ Robbery= Theft + Violence + Robbery = Theft + Violence + Presence of Offender = immediate delivery Punishment 5.392 #10 Yrsto 14 Vrsif it happens after sunset ‘Attempt to commit Robbery 5.393 + Tes with fine ‘Voluntarily causing Hurt in committing Robbery 5.394 © 10Yrsto tite Dacoity 5.391, 395-400, 402 ‘Aggravated form of Robbery in which § or more are there. Gang Robbery. Punishment for Dacoity 5.395 © 10Yrsto life Dacoity with Murder 5.396 Death, Life oF 10 Yrs Dacoity with attempt to cause Death S.397 © Yrs with fine Dacoity attempted with armed weapon 5.398 © TY ¢swith fine Criminal Misappropriation of Property $.403-404 “Means to take possession of property and putting it to Unauthorised or wrongful use. Dishonest misappropriation of property possessed by deceased person at the time of his Death 5.404 © 7Y¢swith fine Criminal Breach of Trust 5405-409 Dishonestly converting movable or immovable property. Punishment $.406 © 3Y¢swith fine Receiving Stolen Property 5.410-414 ‘Any property received or transferred from, + Theft + Extortion RobberyDinesh Rajasekaran / CRIMINAL LAW / LLB YEAR / Dr.Ambedkar Law College / 9551386967 + Criminal Misappropriation * Criminal Breach of Trust Dishonestly receiving stolen property 5.411 © 3Yrswith fine Dishonestly receiving stolen property in the of Dacoity 5.412 10 Yes or Life ually dealing in stolen property $.413, 10¥%s or fe ng in concealment of stolen property S.414 + 3Yeswith fine Cheating 5415-420 ‘Making a person to believe something which is fase, Cheating by Personation $.416 ‘Pretending to be someone else Punishment for personation S.419 #3 Yearortine Cheating and dishonestly inducing delivery of Property 5.420, © TYeserfine Fraudulent Deeds $.421-828 Dishonestly prevent distribution among creditors $424. Dishonestly preventing debt being avallable for creditors $.422 Dishonestly executing deed containing false statement s.a23 Dishonestly concealing property $424 Punishment will be2 Yes with fine Mischief s.425-440 Intent to cause loss to property. Punishment $.426 ‘3 months imprisonment and fine ‘Aggravated forms of Mischief S.427-440(1252211) Value equal to Rs.50/-8.427 Animals $.428-429 Water .430-434 # Fires.435-436 # Decked vessels $.437-438 # Stealing 5.439 + Death caused $.440 Criminal Trespass 5.441-462 ‘© Entering into another's property ‘© Entry may be lawful or unlawful = Unlawfully remaining there + Unlawful entry to intimidate, Punishment $.447 ‘= 3 months imprisonment House Trespass 5.442 Lurking House Trespass 5.443, House breaking 5.445 “OFFENCES RELATING TO MARRIAGE 5.493-498 Mock Marriage $.493-496 /7 Yrs Bigamy $.494-496 /7-10 Yrs Adultery 5.497 /5 Yrs Seduction 5.498 Cruelty by Relatives of Husband S.498-A /3 Ys Defamation $.499-502 Punishment 5.500 /2 Yrs ‘OFFENCES AGAINST THE STATE $.121-130 Waging war 8.121.123 Punishment §.121 / Death or Life Conspiracy to wage war 5.121-A / 10 Yrs Collecting Arms 5.122 / ite / 10 Yrs Feciitate design $.123 / 10 Yrs Assaulting president $.124 / 7 Vrs Sedition $124.0 ponent 3/6 Monts Ponte 360 / One mth / R300 ‘OFFENCES AGAINST PUBLIC JUSTICE 5.191 Giving False Evidence 5.191 and 5.193 Fabricating False Evidence 5.192 False Certificates 5.197 and $.198 Falee declarations 5.199 Contempt of Court 5.228 290, ‘OFFENCES AGAINST PUBLIC HEALTH, SAFETY, ‘CONVENIENCE AND DECENCY 5.268-294A Public Nuisance $.268 Public Heath $.269-278 Public Safety 5279-299 Public Decency and Morals $.292-294A,