Introduction to Indian Penal Code, 1860

 

Indian Penal Code 1860: An Introduction

What is it?

The Indian Penal Code is the substantive criminal code of India which was passed on 6 October 1860 and came into force from 1 January, 1862.

What does it stand for?

It stands for three words i.e. Indian, Penal and Code where Penal refers to punishment by law for the offences which are being written down or codified in the jurisdiction of Indian criminal Law in the form of a document which is referred as Code hence Indian Penal Code is the :

“Criminal code of India which laid the basic of all subsequent penal statutes”

How it came into force or History of Penal Code (IPC)

The code was drafted in 1860 on the recommendations of first law commission of India established in 1833 under the chairmanship of Thomas Babington Macaulay.

The commission submitted its first draft to Governor General of India Council in 1837 and elements were also derived from the Napoleonic Code and from Edwards Livingston’s Louisiana code of 1825.

The Governor General of India Council asked for the revision of the code and the draft was completed in 1850 and code was presented to Legislative Council in 1856 but it was started to form into a form after the Indian Rebellion of 1857.

Then the draft was again revised by Barnes Peacock (the first Chief Justice of Calcutta High Court) and then the code was passes on 6 October, 1860 and was enforced on 1 January, 1862.

Important Facts:

The Code was not being applied in the Princely States until the 1940s.

After partition in 1947, the Indian Penal Code was applied by Indian Dominion as Indian Penal Code and Pakistan Dominion as Pakistan Penal Code.

The Ranbir Penal Code applied in Jammu and Kashmir.

After the separation of Bangladesh, the code continued in force there also.

And was also adopted by British colonial authorities in colonial Burma, Ceylon (modern Sri Lanka), Singapore, Parts of Malaysia and Brunei and remained the basis of criminal codes of these countries

Structure of IPC:

The code is being divided into 23 Chapters and 511 Sections as follows:

Chapter

Sections

Classification of Offences

I

1 to 5

Introduction

II

6 to 52

General Explanation of Punishments

III

53-75

 

IV

76-106

General Explanation of the Right

V

107-120

of Abetment

VA

120A-120B

Criminal Conspiracy

VI

121-130

of Offences against State

VII

131-140

of Offences related to Army, Navy and Air Force

VIII

141-160

of Offences against Public Tranquility

IX

161-171

of Offences by or Relating to Public Servants

IX A

171A-171 I

of Offences related to Elections

X

172 - 190

of Contempts of Lawful Authority of Public Servants

XI

191 - 229

of false evidence and offences against Public Justice

XII

230 - 263

of Offences related to coin and Government Stamps

XIII

264-267

of Offences relating to Weight and Measures

XIV

268-294

of Offences relating affecting Public Health, Safety, Covenience, Decency and Morals

XV

295-298

of Offences relating to Religion

XVI

299-377

of Offences affecting Human Body

XVII

378-462

of Offences against Property

XVIII

463-489E

of Offences Relating to Documents and Property

XIX

490-492

of Criminal Branch of Contracts of Service

XX

493-498

of Offences Relating to Marriage

XXA

498A

of Cruelty by Husband and Relatives of Husband

XXI

499-502

of Defamation

XXII

503-510

of Criminal Intimidation, Insult and Annoyance

XIII

511

of Attempts to Commit Offences
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