Monday, April 12, 2021
spot_img
HomeLaw NotesImportant Sections of IPC

Important Sections of IPC

As you know reading full bare act of IPC is very hard work specially when you have exams. Bye the way reading full bare act of IPC is very important but if you want to get knowledge of important section of IPC this list of important section will be better for you. We have written a list of important sections of IPC here

Important Sections of IPC

Section 1 – Title and extent of operation of the Code.

This Act shall be called the Indian Penal Code, and shall extend to the whole of India except the State of Jammu and Kashmir.


Section 2 – Punishment of offences committed within India.

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.


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

Any person liable, by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.


Section 4 – Extension of Code to extra-territorial offences.

The provisions of this Code apply also to any offence committed by—

(1) any citizen of India in any place without and beyond India;

(2) any person on any ship or aircraft registered in India wherever it may be.


Section 8 – Gender.

The pronoun “he” and its derivatives are used of any person, whether male or female.


Section 11 – Person.

The word “person” includes any Company or Association or body of persons, whether incorporated or not.

Section 19 to 26 – “Judge”, “Court of Justice”, “Public Servant”, “Movable property”, “Wrongful gain”, “Wrongful loss”, “Gaining wrongfully, losing wrongfully”, “Dishonestly”, “Fraudulently”, “Reason to believe”.

19. “Judge” —

The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which is confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

Illustrations

(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.

(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

(c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge.

(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is not a Judge.

20. “Court of Justice” —

The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

Illustration

A panchayat acting under Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.

21. “Public Servant” —

The words “public servant” denote a person falling under any of the descriptions hereinafter following; namely: —

Second — Every Commissioned Officer in the Military, Naval or Air Forces of India;

Third — Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;

Fourth — Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties;

Fifth — Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;

Sixth — Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

Seventh —Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

Eighth — Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

Ninth — Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government ;

Tenth — Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

Eleventh — Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;

Twelfth — Every person—

(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).

Illustration

A Municipal Commissioner is a public servant.

Explanation 1 — Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2 — Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Explanation 3 — The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.

STATE AMENDMENT

State of Rajasthan:

In section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860), in its application to the State of Rajasthan, after clause twelfth, the following new clause shall be added, namely: —

ThirteenthEvery person employed or engaged by any public body in the conduct and supervision of any examination recognised or approved under any law.

Explanation The expression ‘Public Body’ includes—

(a) a University, Board of Education or other body, either established by or under a Central or State Act or under the provisions of the Constitution of India or constituted by the Government; and

(b) a local authority.”

Vide Rajasthan Act, 1993 4 of 1993, sec.2 (w.e.f. 11-2-1993).

22. “Movable property” —

The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

23. “Wrongful gain” —

“Wrongful gain” is gain by unlawful means of property, which the person gaining is not legally entitled.

“Wrongful loss” —

“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.

Gaining wrongfully, losing wrongfully —

A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property as well as when such person is wrongfully deprived of property.

24. “Dishonestly” —

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly“.

25. “Fraudulently” —

A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

26. “Reason to believe” —

A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise.


Section 34 – Acts done by several persons in furtherance of common intention.

When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

COMMENTS

(i) When an offence is sought to be proved only on circumstantial evidence, the allegations of common intention under section 34 of the Indian Penal Code normally cannot be established in absence of meeting of mind, the overt act of the accused, by their conduct, by using the weapons by their utterance of words; Santosh Desai v. State of Goa, (1997) 2 Crimes 666 (Bom).

(ii) If some act is done by the accused person in furtherance of common intention of his co-accused, he is equally liable like his co-accused; State of Punjab v. Fauja Singh, (1997) 3 Crimes 170 (P & H).

(iii) In order to convict a person vicariously liable under section 34 or section 149 it is not necessary to prove that each and everyone of them had indulged in overts acts; Ram Blias Singh v. State of Bihar, (1989) Cr LJ 1782 : AIR 1989 SC 1593.

(iv) When the accused rushed with sword drawn itself showed that he shared the common intention hence liable for conviction under section 300, read with section 34; Abdulla Kunhi v. The State of Kerala, (1990) SC Cr 525.

(v) Both sections 149 and 34 deal with a combination of persons who become liable to be punished as sharers in the commission of offences. The non-applicability of section is, therefore, no bar in convicting the accused under substantive section read with section 34 if the evidence discloses commission of an offence in furtherance of the common intention of them all; Nethala Pothuraju v. State of Andhra Pradesh, (1991) Cr LJ 3133 (SC).

(vi) Mere surrender by appellant alongwith accused before police does not show meeting of minds as to bring the case within ambit of section 34; Rangaswami v. State of Tamil Nadu, (1989) Cr LJ 875: AIR 1989 SC 1137.

(vii) In order to bring a case under section 34 it is not necessary that there must be a prior conspiracy or pre-meditation, the common intention can be formed in the course of occurrence; Hari Om v. State of Uttar Pradesh, 1993(1) Crimes 294 (SC).


Section 35 – When such an act is criminal by reason of its being done with a criminal knowledge or intention.


35. When such an act is criminal by reason of its being done with a criminal knowledge or intention —

Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

36. Effect caused partly by act and partly by omission —

Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Illustration

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

37. Co-operation by doing one of several acts constituting an offence —

When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

Illustrations

(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.

(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose, Z dies of hunger. Both A and B are guilty of the murder of Z.

(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.

38. Persons concerned in criminal act may be guilty of different offences —

Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.

Illustration

A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.

39. “Voluntarily” —

A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Illustration

A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.

40. “Offence” —

Except in the Chapters and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing made punishable by this Code.

In Chapter IV, Chapter VA and in the following sections, namely, sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the words “offence” denotes a thing punishable under this Code, or under any special or local law as hereinafter defined.

And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.

52. “Good faith” —

Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention.

52A. “Harbour” —

Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means or conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.


53. Punishment —

The punishments to which offenders are liable under the provisions of this Code are—

First — Death;

Secondly — Imprisonment for life;

Fourthly — Imprisonment, which is of two descriptions, namely: —

(1) Rigorous, that is, with hard labour;

(2) Simple;

Fifthly — Forfeiture of property;

Sixthly — Fine.


73. Solitary confinement —

Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say—

a time not exceeding one month if the term of imprisonment shall not exceed six months;

a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;

a time not exceeding three months if the term of imprisonment shall exceed one year.

74. Limit of solitary confinement —

In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

Section 76 to 106 – CHAPTER IV (76-106) – General Exceptions
Section 107 to 120 – CHAPTER V (107-120) – Abetment
Section 120A – Definition of criminal conspiracy.
Section 120B – Punishment of criminal conspiracy.
Section 121 – Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
Section 124A – Sedition.

141. Unlawful assembly —

An assembly of five or more persons is designated an “unlawful assembly“, if the common object of the persons composing that assembly is—

First — To overawe by criminal force, or show of criminal force, 1the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or

Second — To resist the execution of any law, or of any legal process; or

Third — To commit any mischief or criminal trespass, or other offence; or

Fourth — By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

Fifth — By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation — An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

142. Being member of unlawful assembly —

Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.

143. Punishment —

Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

144. Joining unlawful assembly armed with deadly weapon —

Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse —

Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

146. Rioting —

Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

147. Punishment for rioting —

Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Comments

The Sub-Inspector was pursuing investigation which is his duty and therefore it could not be said that while he was pursuing the investigation, it was in pursuance of an unlawful object and therefore no conviction could be passed under section 147; Maiku v. State of Uttar Pradesh, (1989) Cr LJ 860 : AIR 1989 SC 67.

148. Rioting, armed with deadly weapon —

Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

COMMENTS

There must be nexus between the common object and the offence committed and if it is found that the same was committed to accomplish the common object every member of the assembly will become liable for the same; Allauddin Mian Sharif Mian v. State of Bihar, (1989) Cr LJ 1466 : AIR 1989 SC 1456.

149. Every member of unlawful assembly guilty of offence committed in prosecution of common object —

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

CLASSIFICATION OF OFFENCE

Punishment—The same as for the offence—According as offence is cognizable or non-cognizable—According as offence is bailable or non-bailable—Triable by court by which the offence is triable—Non-compoundable.

COMMENTS

(i) It is well settled that once a membership of an unlawful assembly is established, it is not incumbent on the prosecution to establish whether any specific overt act has been assigned to any accused. Mere membership of the unlawful assembly is sufficient; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

(ii) Every member of an unlawful assembly is vicariously liable for the acts done by others either in the prosecution of the common object of the unlawful assembly or such which the members of the unlawful assembly knew were likely to be committed; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).


Section 159 – Affray. (6 Differences between Rioting and Affray)

Section 179 – Refusing to answer public servant authorised to question.
Section 182 – False information, with intent to cause public servant to use his lawful power to the injury of another person.
Section 191 – Giving false evidence.

Section 268 – Public nuisance.
Section 292 – Sale, etc, of obscene books, etc.
Section 293 – Sale, etc, of obscene objects to young person.
Section 294 – Obscene acts and songs.
Section 295 – Injuring or defiling place of worship with intent to insult the religion of any class.
Section 295A – Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
Section 296 – Disturbing religious assembly.

Section 299 – Culpable homicide to Section 309 – Attempt to commit suicide.
Section 319 – Hurt to Section 338 – Causing grievous hurt by act endangering life or personal safety of others.
Section 339 – Wrongful restraint.
Section 340 – Wrongful confinement.
Section 349 – Force.
Section 350 – Criminal force.
Section 351 – Assault.

Section 354 – Assault or criminal force to woman with intent to outrage her modesty.
Section 354A – Sexual harassment and punishment for sexual harassment.
Section 354B – Assault or use of criminal force to woman with intent to disrobe.
Section 354C – Voyeurism.
Section 354D – Stalking.

Section 359 – Kidnapping.
Section 360 – Kidnapping from India.
Section 361 – Kidnapping from lawful guardianship.
Section 362 – Abduction.

Section 375 – Rape.
Section 376 – Punishment for rape.
Section 376D – Gang rape.
Section 376DA – Punishment for gang rape on woman under sixteen years of age.
Section 376DB – Punishment for gang rape on woman under twelve years of age.
Section 376E – Punishment for repeat offenders.
Section 377 – Unnatural offences.

Section 378 – Theft.
Section 383 – Extortion.
Section 390 – Robbery.
Section 391 – Dacoity.
Section 396 – Dacoity with murder.
Section 399 – Making preparation to commit dacoity.

Section 403 – Dishonest misappropriation of property.
Section 405 – Criminal breach of trust.
Section 410 – Stolen Property.
Section 413 – Habitually dealing in stolen property.
Section 414 – Assisting in concealment of stolen property.
Section 415 – Cheating.
Section 420 – Cheating and dishonestly inducing delivery of property.
Section 425 – Mischief.

Section 441 – Criminal Trespass to Section 446 – House-breaking by night.
Section 493 – Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
Section 494 – Marrying again during lifetime of husband or wife.
Section 495 – Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.
Section 496 – Marriage ceremony fraudulently gone through without lawful marriage.
Section 497 – Adultery.
Section 498 – Enticing or taking away or detaining with criminal intent a married woman.
Section 498A – Cruelty by husband or relatives of husband.

Section 499 – Defamation.
Section 503 – Criminal intimidation.
Section 506 – Punishment for criminal intimidation.
Section 509 – Word, gesture or act intended to insult the modesty of a woman.
Section 511 – Attempts to commit offences.

Above we have written important section of IPC if you want to read full bare act you can read here

Team Law Epichttps://lawepic.com
Writer of this website are backbone of Law Epic. We try to do better to provide good and authentic information to our readers. Keep Reading....

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular

Recent Comments