“Law Master’s Publication” ‘Introduction to The Indian Penal Code’ Prof. Santosh D. Bhosale

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INTRODUCTION TO THE INDIAN PENAL CODE

QUESTION BANK

Q.1 Discuss the salient features of the Indian Penal Code

Q.2 Discuss the historical background and explain the salient features of Indian

Penal Code

Q.3 Enumerate salient features of IPC

SHORT NOTES

1. Salient features of I.P.C.

SYNOPSIS

I] Historical Background.

Hindu Criminal Law

Mohammedan Criminal Law

Criminal Law in Modern India

II] Characteristics (salient features) of the I.P.C.

III] Classification of provisions of I.P.C

General principles

Specific Offences

“Law Master’s Publication” ‘Introduction to The Indian Penal Code’ Prof. Santosh D. Bhosale

HISTORICAL BACKGROUND:-

Hindu Criminal Law: -

Even though the existence of the Indian Penal Code¹is of recent origin, the

germs of criminal jurisprudence were found in ancient India. It traces back to the

time of settlement of ‘Aryans’ in India. They had a fully developed and matured

judicial system, including the criminal justice system. Manu, a great Hindu Law

giver, says, ' it was the king's duty to punish the criminals’. Even the King was also

subject to the law; he could also be punished for wrong done by him according to

the rule of ‘Raj-Dharma’.Manu has recognised assault. battery, theft, robbery, false

evidence, slander, libel, criminal breach of trust, adultery, gambling and homicide

as crimes, 'Yagnavalkya’ and ‘Nilkanta’ had also recognised the same.

However, Manu’s criminal justice system was biased. He gave a prominent

place to the Brahmins and allowed them exemption from bodily punishments.

Many principles, which are the cornerstones Modern Criminal

Jurisprudence was well known to Hindu jurists and was made part of the Hindu

criminal justice system.

Mohammedan Criminal Law: -

After the establishment of Mohammedan rule in India, the Muslim criminal

justice system started. The Muslim Criminal justice system was based on the

Koran. The administration of the criminal justice system was left in the hands of

Kazis. The punishment varied according to the nature of the crime. While

administering justice, the rules were not fixed; therefore, the punishment for the

crime was different in different places, including Kazi-to-Kazi. Power and money

were determinant factors in deciding cases.

Criminal Law in Modern India: -

Two different systems of administration of criminal justice existed in India

before the commencement of The Indian Penal Code in 1860. The English System

in Presidency Towns of Bombay, Madras and Kolkata, and the Islamic system in

Mofussil and interior parts of India. Moreover, in 1827, a new criminal justice

system was applied to the Presidency of Bombay. This led to chaos in the

administration of the criminal justice system.

The Indian Penal Code replaced these different systems with one general

law applicable everywhere in British India. The Indian Penal Code was drafted by

the First Indian Law Commission, with Lord Macaulay as its President and Millet,

¹For the sake of brevity ‘Indian Penal Code 1860’ is called as “I.P.C” or merely “the Code”.

“Law Master’s Publication” ‘Introduction to The Indian Penal Code’ Prof. Santosh D. Bhosale

Sir John McLeod, and Anderson as the other members. The Commission prepared

and submitted the draft of the I.P.C. to the Governor-General of India in 1837. The

Indian Penal Code eventually came into the statute book in 1860, and its

enforcement started on January 1, 1862.

One of the criticisms against the Indian Penal Code was that Macaulay’s

draft was based essentially on British notions. Sir James Stephen also marked that

the “Indian Penal Code may be described as the criminal law of England freed

from all technicalities and superfluities systematically arranged and modified in

some particulars, to suit the circumstances of British India”.

However, this is not true altogether because, while preparing the Indian

Penal Code, the Commission relied not only on English notions but also on Indian

notions. It had considered Livingstone’s Louisiana Code and the Code of

Napoleon. The Indian Penal Code is the outcome of all these notions, and we can

mark its success because India is still following the same Code. The principles

relevant at that time are equally relevant today. Thus, the Indian Penal Code

reflects different social values, i.e. the values of India, Britain, France, etc.

Undoubtedly, it requires a thorough reshuffle to make it more useful today.

The Santhanam Committee on Prevention of Crime felt that “the Indian

Penal Code, though a very comprehensive compilation, does not fully meet the

requirements of our society after a century of its codification. It does not cover

many segments of our socio-economic life with which we must contend today”.

II] CHARACTERISTICS OF THE INDIAN PENAL CODE

(SALIENT FEATURES)

The Indian Penal Code is a comprehensive piece of legislation. It comprises

23 Chapters and 511 sections. It is the general penal law of India. It lays down the

general conditions of penal liability, the definitions of specific offences, the

conditions of exemptions from criminal liability, etc. Some crimes are cognizable

, and some are not. Indian Penal Code comprises the traditional and conventional

crimes. rooted in customs, i.e. theft, murder, rape etc. In addition, the Code

prohibits a vast range of anti-social behaviour. Local and special statutes

supplement this Code to punish specific acts of individuals that are prejudicial to

the interest of the citizens and states.

The Code is a fine compilation of substantial criminal law. , and most of its

provisions are as suitable today as they were when enacted in 1860. However,

many new offences have emerged in flux over time. Therefore, the Code needs a

thorough revision of these offences to make the Code more progressive and

“Law Master’s Publication” ‘Introduction to The Indian Penal Code’ Prof. Santosh D. Bhosale

practical. But, these new offences like white collar crime and socio-economic

crimes, scams, bank frauds, hawala and criminalisation of politics, cyber crimes,

food adulteration, etc., are made punishable by passing special laws like Anti

Corruption Act, Cyber Crimes Act, Prohibition of Food Adulteration Act etc. to

supplement Indian Penal Code.

III] CLASSIFICATION OF PROVISIONS OF I. P.C.:-

The provisions of I.P.C. can broadly be classified into two categories, viz-

General Principles:-

It relates to basic principles of criminal law and criminal liability viz-

Territorial operation of the Code (Jurisdiction Chap. I)

General Explanations (i.e. Definitions etc. (Chap II)

Punishments (Chap. III)

General Exceptions (Chap. IV)

Abetment (Chap. V)

Criminal Conspiracy (Chap. V A)

Attempt to commit offences (Chap. XXIII)

These general principles apply to all offences throuthroughoutCode.

Specific Offences:-

There are six categories of specific offences discussed in the Code, viz

(Namely):-

Offences affecting the State, etc. (Chap. VI and VII)

Offences affecting the common welfare. (Chap VIII, IX, X, VI, XIV

etc).

Offences affecting the human body (Chap. XVI)

Offences affecting the property (Chap. XVII & XVIII)

Offences relating to marriage (Chap. XX & X.X.A.)

Offences affecting reputation. (Chap. XXI and XXII)

The provisions relating to General principles are discussed in the first part

and those of specific offences in the second part of this book.

I.P.C. is the substantive law, the procedure of which is provided in the

Criminal Procedure Code. The Criminal Procedure Code provides for the setting

up of criminal courts and the procedure for investigating, inquiring, and trialling

the offences.

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