Friday, November 21, 2008

IPC an Integral part of Social Legislation

In India the criminal jurisprudence came into existence from the time of Manu. Manu had recognized assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, adultery and rape as crime. In 1834, the first Indian Law Commission was constituted to investigate into the jurisdiction, powers and rules of the existing courts as well as police establishment and into the laws in operation in British India. The 'Indian Penal Code" was drafted by the first Indian law commission under the president ship of Macaulay and was submitted to the Governor-general of India in council in 1837.
Short Title:
The Indian Penal Code Bill was passed by the legislative council and it received the assent of the government-general on 6th, October,1860. It came on the statute book as the IPC on 1860.

Extention of the IPC:
This act shall be extended to the whole of India except the state of Jammu & Kashmir.

Section 53:
Offenders are liable under this code, for death, imprisonment for life, rigorous simple imprisonment, forfeiture of property.

Section 54:
In every cases in which death sentence has been passed, Government may without consent of offender, commute punishment.

Section 55:
In every case in which life imprisonment has been passed, government may, without consent of offender , commute punishment for the term not exceeding fourteen years.

Section 67:
If offence is punishable with fine only, imprisonment imposed in default of payment of fine shall be simple. Term of imprisonment in default of payment of fine shall not exceed-
Two months when fine shall not exceed Rs.50/-
Four months when fine shall not exceed Rs.100/-&
not exceeding six months - in any other

Section 120(A):
When two or more persons agree to do cause to be done, an illegal act/an act which is not illegal but done. by illegal means. Such agreement is designated as criminal conspiracy

Section 121:
Wherever attempts/abets/wages war against Government of India, shall be punished with death of imprisonment for life & fine.

Section 122:
Whoever collects men/arms/ammunition/otherwise prepares to wage war against Government of India shall be punished with imprisonment for life or imprisonment for term not less than 10 years and fine.

Insertion of new section 195:
Whoever threatens, another with any injury to his person, reputation or properly or to the person or reputation of any one in whom that person is interested shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine or with both.

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