The Indian Penal Code is the official criminal code of the Republic of India. It is a complete code intended to cover all aspects of criminal law.
It came into force in 1862 in all British Presidencies, although it did not apply to the Princely states, which had their own courts and legal systems.
The Indian Penal Code (IPC) is the principal criminal code of India that defines crimes and provides punishments for almost all kinds of criminal and actionable wrongs. The IPC extends to the whole of India except the states of Jammu and Kashmir and is an extensive law that covers all the substantive aspects of criminal law from nuisance at public places to murder, rape, dacoity, etc.
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Brief History of IPC
The IPC came into existence in 1860 on recommendations of the first law commission of India established in 1834 under the Charter Act of 1833. The Code was made effective during the British rule in January 1, 1862 and was applicable to the whole of the then British India except the princely states as they had their own courts and legal systems till 1940s.
The Code was later adopted by the Independent India and Pakistan after partition. The Ranbir Penal Code applicable in Jammu and Kashmir is also based on this Code. It is applicable to all the citizens of India. The IPC has been amended numerous times since then and is now supplemented by various other criminal provisions. At present, the IPC is divided into 23 chapters and contains 511 sections in total.
Understanding the laws under the Indian Penal Code
Indian Penal Code, 1860 is the criminal code of India. It defines various activities that are considered to be a crime, their scope, nature, and penalties and punishments levied for the same. IPC is a comprehensive criminal code that covers the essential elements of criminal law. Unlike the Criminal Procedure Code (CrPC) it does not lay down the criminal procedure but only the various crimes and their punishments. IPC extends to the whole of India. It consists of 511 sections divided into 23 chapters. The objective of IPC was to implement the same criminal law across the country so that there are no inconsistencies. It has been amended various times to cope with the changing times.
Provisions under the Indian Penal Code
Indian Penal Code has laid down as to what is a wrong and what is the punishment for committing such wrong. This Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law.
Objective of the Indian Penal Code
The objective of the Indian Penal Code is to lay what is right and what is wrong and to lay down the punishment for committing such wrong. In criminal law, the “intention” of committing the crime plays a huge role in deciding the liability of the offense.
There are usually five stages of committing the crime–
- Motive
- Intention
- Preparation
- Attempt
- Commission
Liability in crime arises when one goes beyond the stage of preparation and attempts to do the illegal act.
The Indian Penal Code starts with an introduction and provides explanations and exceptions used in it, and then lays down a wide range of offenses.
Broad classification of crimes under the Indian Penal Code (IPC) –
- Crime against the body – Murder, Culpable homicide not amounting to murder, kidnapping, etc.
- Crimes against property – Theft, dacoity, burglary, etc.
- Crimes against public order – Riots and Arson
- Economic crimes – Cheating and Counterfeiting
- Crimes against women – Rape, dowry death, cruelty by husband and relatives, molestation, sexual harassment and importation of girls
- Crimes against children – Child rape, kidnapping, and abduction of children, selling and buying of girls for prostitution, abetment to suicide, infanticide, foeticide.
- And other crimes.
As pointed out, the Indian Penal Code (IPC) covers the substantial part of criminal law in India. It defines various common criminal offenses. For example, it lays down the definition of murder, theft, assault and several other offenses and also stipulates appropriate punishments for each one of them. For example, the offense of “theft” is defined under Section 378 of the Indian Penal Code. It says that if any person dishonestly intends to take away any movable property out of the possession of any person without his/her consent, and moves that property, then he/she is said to commit the offense of theft. Mere intention to take somebody’s property without actually going ahead with the later process does not constitute theft.