The Indian Penal Code-2

AJIT SHINDE
THE INDIAN PENAL CODE, 1860.

SECTION 1- 511
- Drafted by Lord Macaulay
CODE ACT LAW

Comprehensive, Non-Exhaustive, Uncodified
Exhaustive Supplementary Acts
needed.
LAW
CODIFIED LAW
CODIFIED LAW UNCODIFIED LAW ACTS CODES
Law enacted by Custom, precedent, Non-exhaustive Exhaustive

legislature e.g., International Law, e.g., Indian Contract Act, e.g., Indian Penal Code,
Torts Law, Hindu Marriage Act Civil Procedure Code,
Administrative Law
LAW
SUBSTANTIVE LAW PROCEDURAL LAW
Law which creates Rights, Duties, Enforcement of Substantive law e.g.,

Liabilities e.g., Indian Penal Code CPC, CrPC.
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Overview
Section 1-5 – Preliminary
Section 6-52A – General Explanation
Section 53-75 – Punishment
Section 76-106 – General Exception
Section 107-120 – Abetment
Section 120A-120B – Criminal Conspiracy
Section 121-130 – offence against state
Section 131-140 – offences of armed forces
Section 141-160 – offences against public tranquillity
Section 161-171 – public servant
Section 171A-171i – Election
Section 172-190 – public servant
Section 191-229A – public justice
Section 230-263A – Coin and Government Stamp
Section 264-267 – weights and measures
Section 268-294A – public health, safety, convenience, decency, and morals
Section 295-298 – religion
Section 299-377 – human body
Section 378-462 – property
Section 463-489E – documents and property marks
Section 490-492 – Repealed
Section 493-498 – Marriage
Section 498A – Cruelty
Section 499-502 – Defamation
Section 503-510 – criminal intimidation, insult, and annoyance.
Section 511 – Attempts of Commit
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General Principles of Criminal Liability

Introduction: -
Legal wrong is enforceable and Moral wrong is not enforceable.
Legal wrong is of two types Civil wrong and Criminal wrong.
Crime is a conduct harmful to society, it can be physical as well
as mental.
Doctrine of Mens Rea –

Actus non facit reum, Nisi mens sit rea
- A physical act accompanied with guilty mind constitute an
offence.
- {an act itself is not a crime unless it is accompanied by
guilty mind}
To constitute an offence, there must be physical act and guilty
mind.
The term mens rea is not specifically mentioned in IPC,
however there are certain elements which reflects guilty mind of
a person is used in various definitions of offence. E.g.,
Intention, Knowledge, negligently, dishonestly, fraudulently.
Mens rea when not necessary –
1. Explicitly excluded mens rea in IPC.
However, under IPC there are certain offences where
mens rea is not essential. Mens rea is specifically
excluded.
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Territorial and Extra territorial jurisdiction of Indian Penal

Code.
- Every offence committed within India – IPC is applicable.
SECTION 2 – Territorial jurisdiction of IPC

Every person shall be liable to punishment under this code and not otherwise for any
act or omission committed contrary to provision of this code for which he shall be
guilty within India.
Essential elements –
1. Every Person (article 361 – exception)
2. Any Act or Omission
3. Within India
Ingredients of SECTION 2
1. EVERY PERSON – every person is liable for punishment if offence is
committed within India. The term person means any entity which rights and
duties are attributed.
EXCEPTIONS –
1. President and Governor.
2. Head of Foreign State
3. Foreign ambassador/ diplomatic agent.
4. U.N. Officials.
There are two types of persons.
LEGAL PERSON NATURAL PERSON
CITIZENS NON-CITIZENS
2. ACT or OMISSION – Act means to do something. Omission means not to do

something. Omission must be illegal.
3. WITHIN TERRITORY OF INDIA – offence must be committed within the

territory of India. There are two types of territory -
- Geographical Territories
- Maritime Territories
Geographical territory of India is provided in article 1(2) of the constitution of
India. It provides territory of India includes –
- Territory of States
- Territory of Union territory
- Any other territory which is acquired.
Article 297 of the Constitution of India deals with the maritime territory of India. It
provides parliament may by law determines maritime zones, territorial waters, and
exclusive economic zones. Parliament has enacted maritime zone act of 1973 under
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which from the base line up to 12 nautical miles is territorial waters. Means if offence
is committed within 12nautical miles it is deemed committed within the territory of
India.
- Territorial waters - coastal 12 nautical miles
- Contiguous zone – 12-24 nautical miles
- Exclusive economic zone – 24-200 nautical miles
- High sea – 200 nautical miles onwards
Mubarak Ali v/s State of Bombay
In this case, issue before honourable supreme court was that weather physical
presence of accused within India is essential or not. Supreme court held that for
application of Indian Penal Code, offence must be committed within the territory of
India. Physical presence of accused within the territory of India is not necessary.
SECTION 4 – EXTRA-TERRITORIAL JURISDICATION OF IPC
Provisions of this code shall also extend to offences committed –

1. By the citizen of India within or beyond India.
2. By any person on ship, aircraft registered in India.
3. By any person targeting computer resources in India.
VICARIOUS LIABILITY
As a general rule every person is liable for his own act. No one is liable for act
committed by another person. However, there is an exception to this general rule
that, person is also liable for act committed by another person. i.e., concept of
vicarious liability.
Under IPC, Vicarious Liability of a person arises if,
1. If act is committed by several person in furtherance of common intention
(section 34-38)
2. If act committed in prosecution of common object (section 148)
3. If there is a criminal conspiracy (section 120A-120B)
SECTION 34 – COMMON INTENTION

When criminal act is done by several person in furtherance of common intention of
all each of them is liable as if offence is committed by him alone.
Essential Elements of common intention

1. There must be two or more persons
2. There must be prior meetings of Minds
3. Accused must be present at the scene of offence
4. There must be Active participation
It is a rule of evidence, it is not a substantive law.
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Part 4 – General Exceptions
Mistake of Law Judicial Act Accident Act of Act of Child

Section 76 & 79 Section 77 & 78 Section 80 Necessity Section 82 &
Section 81 83
Act of Unsound Act done under Consent Communication Trifling Act
mind intoxication (Volenti-non fit in good faith Section 95
Section 84 Section 85 & 86 injuria Section 93
Section 87-92
Right of Private Defence
Section 96 - 106
Section 76 – Mistake of Fact

- Nothing is an offence which is done by a person in good faith by reason of
mistake of fact & not by mistake of law who believes that he is bound by law
to do that act.
Section 79
- Nothing is an offence which is done by a person in good faith by reason of
mistake of fact & not by mistake of law who believes that he is justified by law
to do that act.
Ignoratia Juris non-excusat – Ignorance of law is not an excuse.

Ignoratia facti doth excusat – ignorance of fact is excuse.
Mistake of law is a defence under criminal law; however, mistake of law is not a
defence. There is a presumption that everyone knows law of the land.
SECTION 80 – ACCIDENT
- Nothing is an offence which is done by accident or misfortune without any
criminal intention or knowledge while doing lawful act in lawful manner by
lawful means with proper care and caution.
Essential Elements –
1. There must be accident or misfortune beyond human control.
2. There shall not be any criminal intention or knowledge
3. Act must be lawful; manner must be lawful; means must be lawful
4. Proper care and caution
Doctrine of transfer of Malice
Section 81 – Act of Necessity

- Nothing is an offence which is done by a person without any criminal intention
but with knowledge that act is likely to cause harm to person or property if
done in good faith to avoid greater harm to person or property.
Necessity knows no law
Act done to avoid greater harm
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Section 82 –
- Nothing is an offence which is done by child below 7 years of age
Section 83 –
- Nothing is an offence, which is done by child above 7 years of age but below
12 years of age, if he has not attained sufficient maturity.
Section 84 – act of a person of unsound mind
- Mcnaughten Rule.

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AJIT SHINDE

THE INDIAN PENAL CODE, 1860.

CODE ACT LAW

Law enacted by Custom, precedent, Non-exhaustive Exhaustive

SUBSTANTIVE LAW PROCEDURAL LAW

Law which creates Rights, Duties, Enforcement of Substantive law e.g.,

General Principles of Criminal Liability

Doctrine of Mens Rea –

Territorial and Extra territorial jurisdiction of Indian Penal

SECTION 2 – Territorial jurisdiction of IPC

2. ACT or OMISSION – Act means to do something. Omission means not to do

3. WITHIN TERRITORY OF INDIA – offence must be committed within the

SECTION 4 – EXTRA-TERRITORIAL JURISDICATION OF IPC

Provisions of this code shall also extend to offences committed –

SECTION 34 – COMMON INTENTION

Essential Elements of common intention

It is a rule of evidence, it is not a substantive law.

Part 4 – General Exceptions

Mistake of Law Judicial Act Accident Act of Act of Child

Section 76 – Mistake of Fact

Ignoratia Juris non-excusat – Ignorance of law is not an excuse.

Doctrine of transfer of Malice

Section 81 – Act of Necessity

Section 84 – act of a person of unsound mind

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