CENTRAL LAW PUBLICATIONS. LAW PUBLISHERS & BOOK SELLERS 107, DARBflANGA COLONY, ALLAHABAD (INDIA)

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1 [ACT NO. XLV OF I860] (As amended by Information Technology Act, 2000) By R.N. SAXENAMAUB Formerly Lecturer, C.M.P. Degree College, Allahabad Author of: "A Text Book on Code of Criminal Procedure.' Revised by VIKAS MANI SRIVASTAVA Advocate SIXTEENTH EDITION 2001 CENTRAL LAW PUBLICATIONS. LAW PUBLISHERS & BOOK SELLERS 107, DARBflANGA COLONY, ALLAHABAD (INDIA)

2 CONTENTS General 1. Social Discipline Need for Law... l 2. Law Its nature Law, Ethics and Natural Justice Law Its kinds Legislation Administration of Justice Civil and Criminal Justice Stages of development Administration of criminal justice Theories of punishment... 7 Definition of crime What is crime > Crime and Criminal Liability Civil and Criminal Law Tort and Crime Conditions of Criminal Liability History of Penal Law in India CHAPTER I INTRODUCTION (Section 1 5) Title and extent of the Code Importance of Preamble and Title Personal Application of the Code Persons who enjoy immunity Vicarious Liability Territorial Application Extra-territorial Application Law not affected by the Code Classification of offenders Scheme of the Code CHAPTER 2 GENERAL EXPLANATION (Sections 6 52-A) The Rule of Interpretation in the Code (Section 6-7) Grammatical Interpretation (Sections 8-9) Gender and Number Words of common usage Man ; Woman ; Persons ; Public Crime and Cognate Offence Special Law and Local Law Some subjective states and objective standards Good Faith Reason to believe Voluntarily Ingredients of Voluntarily..., 38 (v)

3 vj INDIAN PENAL CODE Dishonesty, Fraud and Injury Distinction between "Dishonestly" and Fraudulently Some officers, offices and Institutions Defined Office-bearers of Co-operative Society Whether public servants Some things or objects defined 46 Counterfeit The Law Relating to joint offenders Principle of joint liability 51 Scope of the section 51 Acts done by several persons in furtherance of common intention Ingredients of Section Common intention may develop on the spot Whether acts of joint offenders can be distinguished Intention and knowledge Physical presence of the accused Constructive liability on ground of common intention whether affected by acquittal of co-accused When criminal act is done with criminal knowledge or intention Sections 34 and 37 Distinction Principles governing joint offenders CHAPTER 3 OF PUNISHMENTS (Sections 53-75) Theories of Punishment Kinds of Punishment Various punishment when inflicted Death-sentence 69 Imprisonment for life Solitary confinement Effect of imprisonment Forfeiture of property Commutation of sentences (Sees. 54, 55, 55-A) 74 Imprisonment in default of fine (Sec ) The law of cumulative punishment (Sec. 71) Assessment of punishment... ^ Mayne's Principles CHAPTER 4 GENERAL EXCEPTIONS (Sections ) General Principles of Exceptions Classifications of exceptions Applicability to offences under special or local laws Trifling Acts Mens Rea 85 Guiding rules when a question of mistake of fact or mistake of law - 92

4 CONTENTS vii Judicial Acts (Sections 77-78) Accident (Section 80) Acts under compulsion Circumstances where necessity is no defence Law of exemption from criminal liability in the case of minors Persons of unsound mind Drunkenness or Intoxication (Sec. 85, 86) Offences committed under the influence of threat (Sec. 94) Difference between English and Indian Law The Law of Private Defence (Sees ) Scope of the right of private defence Right of private defence Burden of proof Limitation.on the right of private defence Extent of the right of private defence When the right of private defence of the body extends to causing death Private defence of body when extends to causing any harm other than death Private defence of Property (Sees. 97, 99, ) Right of private defence of property against criminal trespass or attempt to commit it Imminent danger to property No duty to seek protection of public authorities Trespasser's right of private defence Settled possession What is Commencement, duration and end of the right of private defence CHAPTER 5 ABETMENT (Sections ) Introduction 144 Definition Abetment Different ways Abetment, intentional aiding and active complicity Distinction between abetment and conspiracy Mere failure to prevent offence is not abetment... ->0 Mere presence does not amount to aiding or abetment... SO Abetment and Attempt Distinction Abetment in India of offence outside India... *.i4 Punishment for an abetment (Sees ) Punishment for abetment Summary CHAPTER 6 CRIMINAL CONSPIRACY (Sections 120-A 120-B) Definition of criminal conspiracy' Punishment of criminal conspiracy Conspiracy, what is conspiracy explained

5 viii INDIAN PENAL CODE Characteristics Combination and secrecy Ingredients of Criminal Conspiracy Distinction between abetment and conspiracy CHAPTER 7 OFFENCES AGAINST THE STATE (Sections ) 1. Classification of offences Waging War Sedition Views of other High Courts Criticism Prisoners of State and War Prisoners Escape and Recapture Offences relating to CHAPTER 8 OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE (Sections ) 1. Introduction Persons subject to liability Details of offences CHAPTER 9 OFFENCES AGAINST THE PUBLIC TRANQUILLITY (Sections ) 1. Classification of offences Unlawful Assembly Incorporeal rights Enforcement of right or supposed right Joining unlawful assembly armed with deadly weapons Joining or continuing in unlawful assembly, knowing it has been commanded to disperse 195 Knowingly, joining or continuing in assembly of five or more persons after it has been commanded to disperse Liability 7 for constructive criminality In prosecution of the common object Words explained Assembly whether unlawful assembly if common object not translated into action Acquittal of some And conviction of others Constructive liability of accused for acts of others in a free fight between two parties Distinction between "common object" and "common intention" Offences relating to unlawful assembly Riot Definition and liability Disturbance of public peace Distinction between "waging war", "riot" and "affray" Distinction between affray and assault 212 Distinction between riot and affray 212

6 CONTENTS j x Liability of persons other than rioters... ' 212 Promoting enmity between classes CHAPTER 10 OFFENCES BY OR RELATING TO PUBLIC SERVANTS (Sections ) Introduction Definition and liability What is gratification Motive or Reward Distinction between Section 161 and Abetment of the offence Question of reduction of sentence Cognate offences CHAPTER 11 OFFENCES RELATING TO PUBLIC ELECTION (Sections 171-A to 171-1) Candidate Electoral rights Bribery Undue influence at an election Personation at an election CHAPTER 12 CONTEMPT OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS (Sections ) 1. Wilful failure to perform a public duty Wilful refusal to do certain acts Giving false information Illegal purchase or bid for property Obstructing or disobeying public servant Threat of injury CHAPTER 13 FALSE EVIDENCE AND OFFENCE AGAINST PUBLIC JUSTICE (Sections ) False Evidence and Cognate Offences Makes any statement which is fake English and the Indian Law of Perjury Difference between Fabricating False Evidence Judicial Proceeding Prosecution for offences under Sections 193 and Touching any point material Distinction between "giving false evidence" and "fabricating false evidence" Disappearance of evidence and False Information Causes any evidence to disappear

7 x INDIAN PENAL CODE Screening the offender from legal punishment Abuse of the process of court Collusive proceedings False charge of an offence Resistance to lawful apprehension Disclosure of identity of the victim of certain offences Personation of a juror or assessor CHAPTER 14 OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS (Sections A) Definition Counterfeiting coin Uttering coin Alteration of coin Offences by Mint employees Government stamps Offences relating to CHAPTER 15 OFFENCES RELATING TO WEIGHTS AND MEASURE (Sections ) CHAPTER 16 OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS (Sees A) Public Nuisance Meaning and Kinds Kinds of Nuisance 'Public Health' Nuisance in respect of 259 Public safety Nuisance in respect of Criminal Negligence What is Public Decency and Morals 262 CHAPTER 17 OFFENCES RELATING TO RELIGION (Sections ) CHAPTER 18 OFFENCES AFFECTING THE HUMAN BODY (Sees ) Introduction Homicide Motive Relevance Sometimes even gross-negligence may amount to knowledge Distinction between 'knowledge and intention' Test regarding proof by circumstantial evidence Intention to kill whether necessary in every case of murder Ingredients of grave and sudden provocation 284 Injury inflicted if sufficient to cause death Test for

8 CONTENTS xi Difference between murder and culpable homicide not amounting to murder Causing bodily injury knowing that in the ordinary course of nature were sufficient to cause death Whether murder or culpable homicide No intention to cause death Knowledge that injury was likely to cause death, offence under Section 304, Part II and Section 302, IRC Murder liability on basis of "common intention" Applicability of Section Liability on basis of 'common object 5 or 'common intention' Effect of the acquittal of other members of the unlawful assembly or the group Unintended victim Death by Negligence Criterion for driving rash and negligent of a car Rash and negligent and intentional act Penalties Dowary Deaths and Abetment of suicide by a married woman Legislative Retrospect Object behind these legislative changes Cumulative effect of legislative changes Offences affecting Human Body Attempt to commit culpable homicide Suicide Miscarriage, Injuries to unborn children, exposure of infants, infants', infant's concealment of birth Hurt Wrongful Restraint and wrongful confinement Criminal force and Assault Assault Difference between criminal force and Assault Kidnapping and abduction Distinction between Kidnapping and Abduction Nature of offence Slavery and Forced Labour Sale and purchase of minors for prostitution Sexual offences Corroboration Punishment for rape Intercourse by a man with his wife during separation Intercourse by public servant with woman in his custody Intercourse by superintendent of Jail, remand home Intercourse by any member of the management or staff of a hospital with any woman in that hospital

9 xii INDIAN PENAL CODE CHAPTER 19 OFFENCES AGAINST PROPERTY (Sections ). Introduction 350 Theft Distinction between theft and mischief 358 Penalties for theft and its agravated forms Extortion 360 Robbery and Dacoity 362 Aggravated forms of Robbery and dacoity 366 Difference between Robbery and Dacoity 367 Association with thieves, robbers and dacoits and preparation for dacoity 367 Offences against property Difference between 370 Criminal misappropriation Dishonest misappropriation of property Distinction between theft and criminal misappropriation 374 Criminal Breach of Trust 374 Dishonest misappropriation, conversion, use or disposal 377 Criminal breach of Trust and Criminal misappropriation Distinction between 384 Theft, criminal Misapprpriation and Criminal Breach of Trust Distinction between ^84 Receiving Stolen Property' ^ 388 Cheating Cheating and its aggravated forms Penalties Criminal misappropriation and Cheating Distinction between ^94 Cheating by Personation ^95 Fraudulent Deeds and Dispositions of Property Mischief House-breaking ^" CHAPTER 20 OFFENCES RELATING TO DOCUMENTS, TRADE AND PROPERTY MARKS (Sections E) Introduction ^05 Documents What is ' ^ Document Forgery of, what is Dishonestly or fraudulently Forgery and its Aggravated Forms Penalties for j _ Trade, Property and other marks Offences relating to *: Currency Notes and Bank-Notes CHAPTER 21 CRIMINAL BREACH OF CONTRACTS Of SERVICE (Sections )... «"

10 CONTENTS xiii CHAPTER 22 OFFENCES RELATING TO MARRIAGE (Sees ) 1. Introduction Mock-Marriages Bigamy CHAPTER 23 OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND (Sees. 498-A) Husband or relative of husband of a woman subjecting her to cruelty CHAPTER 24 DEFAMATION (Sees ) Introduction Defamation as harm ' CHAPTER 25 CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE (Sections ) Criminal Intimidation Difference between criminal intimidation and Extortion Difference between defamation and insult Difference between Assault and Iiv.ult Divine Displeasure Misconduct in Public under Intoxication CHAPTER 26 ATTEMPTS TO COMMIT OFFENCES (Sec. 511) Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment Distinction between Probation and Attempt

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

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