[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 - 211002 (INDIA)
CONTENTS General 1. Social Discipline Need for Law... l 2. Law Its nature... 2 3. Law, Ethics and Natural Justice... 3 4. Law Its kinds... 5 5. Legislation... 5 6. Administration of Justice Civil and Criminal Justice Stages of development... 6 7. Administration of criminal justice Theories of punishment... 7 Definition of crime What is crime >... 10 Crime and Criminal Liability Civil and Criminal Law... 11 Tort and Crime... 13 Conditions of Criminal Liability... 14 History of Penal Law in India... 19 CHAPTER I INTRODUCTION (Section 1 5) Title and extent of the Code... 22 Importance of Preamble and Title... 22 Personal Application of the Code... 23 Persons who enjoy immunity... 24 Vicarious Liability... 24 Territorial Application... 25 Extra-territorial Application... 25 Law not affected by the Code... 27 Classification of offenders Scheme of the Code... 28 CHAPTER 2 GENERAL EXPLANATION (Sections 6 52-A) The Rule of Interpretation in the Code (Section 6-7)... 30 Grammatical Interpretation (Sections 8-9) Gender and Number... 30 Words of common usage Man ; Woman ; Persons ; Public... 31 Crime and Cognate Offence... 32 Special Law and Local Law... 33 Some subjective states and objective standards Good Faith... 35 Reason to believe... 37 Voluntarily... 38 Ingredients of Voluntarily..., 38 (v)
vj INDIAN PENAL CODE Dishonesty, Fraud and Injury... 38 Distinction between "Dishonestly" and Fraudulently... 41 Some officers, offices and Institutions Defined... 43 Office-bearers of Co-operative Society Whether public servants... 45 Some things or objects defined 46 Counterfeit... 49 The Law Relating to joint offenders... 50 Principle of joint liability 51 Scope of the section 51 Acts done by several persons in furtherance of common intention... 53 Ingredients of Section 34... 53 Common intention may develop on the spot... 56 Whether acts of joint offenders can be distinguished... 57 Intention and knowledge... 58 Physical presence of the accused... 58 Constructive liability on ground of common intention whether affected by acquittal of co-accused... 61 When criminal act is done with criminal knowledge or intention... 64 Sections 34 and 37 Distinction... 65 Principles governing joint offenders... 65 CHAPTER 3 OF PUNISHMENTS (Sections 53-75) Theories of Punishment... 68 Kinds of Punishment... 69 Various punishment when inflicted Death-sentence 69 Imprisonment for life... 70 Solitary confinement... 71 Effect of imprisonment... 73 Forfeiture of property... 73 Commutation of sentences (Sees. 54, 55, 55-A) 74 Imprisonment in default of fine (Sec. 64-70)... 75 The law of cumulative punishment (Sec. 71)... 76 Assessment of punishment... ^ Mayne's Principles... 78 CHAPTER 4 GENERAL EXCEPTIONS (Sections 76-100) General Principles of Exceptions... 80 Classifications of exceptions... 81 Applicability to offences under special or local laws... 83 Trifling Acts... 83 Mens Rea 85 Guiding rules when a question of mistake of fact or mistake of law - 92
CONTENTS vii Judicial Acts (Sections 77-78)... 92 Accident (Section 80)... 94 Acts under compulsion... 95 Circumstances where necessity is no defence... 99 Law of exemption from criminal liability in the case of minors... 99 Persons of unsound mind... 104 Drunkenness or Intoxication (Sec. 85, 86)... 109 Offences committed under the influence of threat (Sec. 94)... 112 Difference between English and Indian Law... 114 The Law of Private Defence (Sees. 96-106)... 119 Scope of the right of private defence... 121 Right of private defence Burden of proof... 121 Limitation.on the right of private defence... 125 Extent of the right of private defence... 129 When the right of private defence of the body extends to causing death... 131 Private defence of body when extends to causing any harm other than death... 132 Private defence of Property (Sees. 97, 99, 103-105)... 133 Right of private defence of property against criminal trespass or attempt to commit it... 136 Imminent danger to property No duty to seek protection of public authorities... 136 Trespasser's right of private defence... 137 Settled possession What is... 137 Commencement, duration and end of the right of private defence... 141 CHAPTER 5 ABETMENT (Sections 107-120) Introduction 144 Definition Abetment Different ways... 145 Abetment, intentional aiding and active complicity... 146 Distinction between abetment and conspiracy... 149 Mere failure to prevent offence is not abetment... ->0 Mere presence does not amount to aiding or abetment... SO Abetment and Attempt Distinction... 51 Abetment in India of offence outside India... *.i4 Punishment for an abetment (Sees. 109-120)... 155 Punishment for abetment Summary... 160 CHAPTER 6 CRIMINAL CONSPIRACY (Sections 120-A 120-B) Definition of criminal conspiracy'... 162 Punishment of criminal conspiracy... 162 Conspiracy, what is conspiracy explained... 162
viii INDIAN PENAL CODE Characteristics Combination and secrecy... 164 Ingredients of Criminal Conspiracy... 166 Distinction between abetment and conspiracy... 170 CHAPTER 7 OFFENCES AGAINST THE STATE (Sections 121-130) 1. Classification of offences... 177 2. Waging War... 177 3. Sedition... 180 Views of other High Courts... 184 Criticism... 184 4. Prisoners of State and War Prisoners Escape and Recapture Offences relating to... 185 CHAPTER 8 OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE (Sections 131-140) 1. Introduction... 186 2. Persons subject to liability... 186 3. Details of offences... 186 CHAPTER 9 OFFENCES AGAINST THE PUBLIC TRANQUILLITY (Sections 141-160) 1. Classification of offences... 188 Unlawful Assembly... 188 Incorporeal rights... 191 Enforcement of right or supposed right... 191 Joining unlawful assembly armed with deadly weapons... 194 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... 195 Liability 7 for constructive criminality... 195 In prosecution of the common object Words explained... 197 Assembly whether unlawful assembly if common object not translated into action... 197 Acquittal of some And conviction of others... 198 Constructive liability of accused for acts of others in a free fight between two parties... 201 Distinction between "common object" and "common intention"... 204 Offences relating to unlawful assembly... 207 Riot Definition and liability... 207 Disturbance of public peace... 209 Distinction between "waging war", "riot" and "affray"... 211 Distinction between affray and assault 212 Distinction between riot and affray 212
CONTENTS j x Liability of persons other than rioters... ' 212 Promoting enmity between classes... 213 CHAPTER 10 OFFENCES BY OR RELATING TO PUBLIC SERVANTS (Sections 161 171) Introduction... 216 Definition and liability... 216 What is gratification... 218 Motive or Reward... 219 Distinction between Section 161 and 165... 221 Abetment of the offence... 222 Question of reduction of sentence... 222 Cognate offences... 222 CHAPTER 11 OFFENCES RELATING TO PUBLIC ELECTION (Sections 171-A to 171-1) Candidate... 225 Electoral rights... 225 Bribery... 225 Undue influence at an election... 225 Personation at an election... 225 CHAPTER 12 CONTEMPT OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS (Sections 172 190) 1. Wilful failure to perform a public duty... 227 2. Wilful refusal to do certain acts... 228 3. Giving false information... 229 4. Illegal purchase or bid for property... 232 5. Obstructing or disobeying public servant... 232 6. Threat of injury... 234 CHAPTER 13 FALSE EVIDENCE AND OFFENCE AGAINST PUBLIC JUSTICE (Sections 191 229) False Evidence and Cognate Offences... 235 Makes any statement which is fake... 237 English and the Indian Law of Perjury Difference between... 238 Fabricating False Evidence... 238 Judicial Proceeding... 239 Prosecution for offences under Sections 193 and 195... 241 Touching any point material... 241 Distinction between "giving false evidence" and "fabricating false evidence"... 242 Disappearance of evidence and False Information... 243 Causes any evidence to disappear... 244
x INDIAN PENAL CODE Screening the offender from legal punishment... 244 Abuse of the process of court Collusive proceedings... 245 False charge of an offence... 245 Resistance to lawful apprehension... 250 Disclosure of identity of the victim of certain offences... 252 Personation of a juror or assessor... 253 CHAPTER 14 OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS (Sections 230-263A) Definition... 254 1. Counterfeiting coin... 254 2. Uttering coin... 254 3. Alteration of coin... 255 4. Offences by Mint employees... 255 5. Government stamps Offences relating to... 255 CHAPTER 15 OFFENCES RELATING TO WEIGHTS AND MEASURE (Sections 264-267)... 257 CHAPTER 16 OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS (Sees. 268-294-A) Public Nuisance Meaning and Kinds... 258 Kinds of Nuisance... 258 'Public Health' Nuisance in respect of 259 Public safety Nuisance in respect of - 260 Criminal Negligence What is... 260 Public Decency and Morals 262 CHAPTER 17 OFFENCES RELATING TO RELIGION (Sections 295 298)... 266 CHAPTER 18 OFFENCES AFFECTING THE HUMAN BODY (Sees. 299-377) Introduction... 268 Homicide... 268 Motive Relevance... 273 Sometimes even gross-negligence may amount to knowledge... 275 Distinction between 'knowledge and intention'... 275 Test regarding proof by circumstantial evidence... 276 Intention to kill whether necessary in every case of murder... 280 Ingredients of grave and sudden provocation 284 Injury inflicted if sufficient to cause death Test for... 289
CONTENTS xi Difference between murder and culpable homicide not amounting to murder... 290 Causing bodily injury knowing that in the ordinary course of nature were sufficient to cause death Whether murder or culpable homicide... 293 No intention to cause death Knowledge that injury was likely to cause death, offence under Section 304, Part II and Section 302, IRC.... 295 Murder liability on basis of "common intention" Applicability of Section 34... 296 Liability on basis of 'common object 5 or 'common intention' Effect of the acquittal of other members of the unlawful assembly or the group... 298 Unintended victim... 299 Death by Negligence... 299 Criterion for driving rash and negligent of a car... 301 Rash and negligent and intentional act... 302 Penalties... 303 Dowary Deaths and Abetment of suicide by a married woman... 307 Legislative Retrospect... 307 Object behind these legislative changes... 308 Cumulative effect of legislative changes... 308 Offences affecting Human Body... 314 Attempt to commit culpable homicide... 318 Suicide... 319 Miscarriage, Injuries to unborn children, exposure of infants, infants', infant's concealment of birth... 320 Hurt... 321 Wrongful Restraint and wrongful confinement... 325 Criminal force and Assault... 329 Assault... 330 Difference between criminal force and Assault... 330 Kidnapping and abduction... 331 Distinction between Kidnapping and Abduction... 336 Nature of offence... 337 Slavery and Forced Labour... 339 Sale and purchase of minors for prostitution... 340 Sexual offences... 340 Corroboration... 344 Punishment for rape... 345 Intercourse by a man with his wife during separation... 347 Intercourse by public servant with woman in his custody... 347 Intercourse by superintendent of Jail, remand home... 347 Intercourse by any member of the management or staff of a hospital with any woman in that hospital... 347
xii INDIAN PENAL CODE CHAPTER 19 OFFENCES AGAINST PROPERTY (Sections 378-462). Introduction 350 Theft - 350 Distinction between theft and mischief 358 Penalties for theft and its agravated forms... 358 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... 371 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.... 396 House-breaking ^" CHAPTER 20 OFFENCES RELATING TO DOCUMENTS, TRADE AND PROPERTY MARKS (Sections 463-489-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 490-492)... «"
CONTENTS xiii CHAPTER 22 OFFENCES RELATING TO MARRIAGE (Sees. 493-498) 1. Introduction 421 2. Mock-Marriages... 422 3. Bigamy... 423 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... 431 CHAPTER 24 DEFAMATION (Sees. 499-502) Introduction... 434 Defamation as harm '... 434 CHAPTER 25 CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE (Sections 503-510) Criminal Intimidation... 447 Difference between criminal intimidation and Extortion... 448 Difference between defamation and insult... 450 Difference between Assault and Iiv.ult... 450 Divine Displeasure... 450 Misconduct in Public under Intoxication... 451 CHAPTER 26 ATTEMPTS TO COMMIT OFFENCES (Sec. 511) Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment... 452 Distinction between Probation and Attempt... 455