INTRODUCTION of IPC and Section 1 To 5 Of IPC
Some Provisions of CrPC –
– Classes and Powers of Court
– Arrest of Persons
– Procedure of FIR
– How a trail runs
– Collection of Evidence
– Provisions of Bail
Section 1 and 2 Important for Judicial Service Pre-examination.
INDIAN PENAL CODE (IPC)
Penal relating to the punishment of offenders under the Penal – Relating legal system. Code – The legislation ( Laws ) applied to a particular area. Indian Penal Code – The laws apply in India for the punishment of offenders.
INTRODUCTION to Section 1 to 5 of IPC
-The Indian Penal Code is the official criminal code of India.
-The code was drafted on 6oct 1860 and came into force on 1st Jan 1862 on the recommendation of the first law commission 1834 under the chairmanship of Lord Macaulay.
-It states criminal liability for an illegal act and omission.
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 with 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 Every person – Irrespective of his nationality, rank, status, caste, Creed, colour and even foreigner Within India – comprise not only Land River lakes and canal but also its Maritime territory and also its ships and aircraft.
Maritime territory = 12 Maritime miles Maritime territory -the portion of see lying along and washing its coast.
Case – Mobarak Ali v State of Bombay.
MOBARAK ALI VS STATE OF BOMBAY
A Pakistani citizen while staying in Karachi made a false representation to the plaintiff and induce the plaintiff to give money of more than 5 lakh so that rice could be shipped from Karachi to India as per the agreement but the rice was was supplied. The accused was arrested in England and was bought to Bombay and was convicted under section 420 of the penal code for cheating the supreme court held that offences were committed by the accused in Bombay even though he was not physically present there.
Section 3 – Punishment of offences committed beyond, but which By-law may try within India – Section 3 and 4 of the Indian penal code give Extra-territorial operation to this code thus a person may be held liable under the penal code for committing offences beyond the territory of India.
Section 3 – Any person liable by any Indian law { any Indian citizen } to be tried for an offence committed beyond India shall be dealt with according to the provision of this code for any act committed beyond India in the same manner as if such act had been committed within India.
For example- if a soldier in the Indian Army commits murder in Nepal, while in service, he is liable to be prosecuted for murder in India. The accused will be liable for such an offence in the same manner and to the same extent as if it were committed in 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. ( 3 ) any person in any place without and beyond India committing an offence targeting a computer resource located in India.
[ Explanation. – In this section ( a ) the word ” offence ” includes every act committed outside India that, if committed in India, would be punishable under this Code. ( b ) the expression ” computer resource ” shall have the meaning assigned to it in clause ( k ) of sub-section ( 1 ) of section 2 of the Information Technology Act, 2000. )
Section 5 – Certain laws are not to be affected by this Act. Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.
Some important meanings to understand Section 1 To 5 Of IPC more clearly.
Mutiny – Refuse to obey a person’s authority.
Desertion – illegal run from duty.
Special law- means a law applicable to a particular subject Example -contempt of court Local law – means a law applicable to a particular part of India Example- Delhi government on 10 Jan 2002 adopted MCOC ( Maharashtra control of organised crime act ) to deal with organised crime efficiently.
