indian penal code - my notes, Exams of Criminal Law

Download indian penal code - my notes and more Exams Criminal Law in PDF only on Docsity! Unit-1: 1.Crime, essentials and stages 2.Histrorical background of IPC (15 marks) Historical background of IPC: 1.There was no criminal law in uncivilized society. Every man was liable to be attacked in his persons or property at any time by anyone. 2.” Tooth got tooth, Eye for eye, Life for life” was the forerunner of criminal justice. 3.As time advanced, the injured person agreed to accept compensation instead of killing his enemy. 4.The germs of criminal jurisprudence came into existence in India at the time if Manu 5.In the category of crime Manu has recognised assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, Rape, Murder. 6.The kind administered justice himself and he is busy, the matter was entrusted to a judge. 7.If a criminal was fined, the fine went to king’s treasury, and was not given as compensation to the injured party. 8.Vasco De Gama a subject of Portugal first discovered the passage to India. 9. There after the Portuguese begun to carry on Trade with India. 10.Portuguese were followed by Dutch subsequently Britishers came on and begun to carry on Trade with India. 11.As they were successful Queen Elizabeth granted a charter with incorporated east India company. 12.In 1609, James I renewed a charter and In 1661 Charles II gave similar powers while renewing it. 13.The charter of 1668 transferred to the Bombay to the east India Company. 14.The court of Judicature which was established in 1672 sat once in a month for its general sessions and of cases. 15.In 1683, Charles II granted a further charter for establishing a court of judicature at such places as the company might decide. 16.In 1687, Another charter was granted by which a mayor and corporation were established. 17.By these charter English men who came to India entrusted with administration of justice both civil as well as criminal. 18.Strange charges were formed, and strange punishments were titled. 19.In 1726, the court of directors made a representation to the Ground for proper justice in India in civil and in criminal cases. 20. In 1753, another charter was passed under which mayors were not empowered to try suits between Indians and no person was entitled to it as a judge who has an interest in the suit. 21. In 1765, Robert Clive came to India for the third time and succeeded in obtaining the grant of Dewani from the Mughal emperor. 22. In 1772, Warren Hastings took steps for proper administration of criminal justice. 23. In 1773, the Regulating Act was passed which affect the administration of criminal justice. 24.The charter of justice made the foundations of the jurisdiction of supreme court was Dated March 26th,1774 VIII.In Brief, sec-2 exclusively deals with territorial jurisdiction. if any offence mentioned under IPC, committed within the territory of India, Our Indian courts are having territorial jurisdiction. IX.Sec-3 and 4 of IPC deals with extra territorial jurisdiction. SECTION-3: Punishment of offences committed beyond India shall be dealt with according to the provisions of this code for any act committed beyond India in the same manner as if such act had been committed with in india.to the laws of the country would be still liable to be tried in India. If it was an offence under Indian law Sec-3 deals with extra territorial jurisdiction, An Indian citizen who committed an offence outside India, which was not an offence according to the laws of that country would be still liable to be tried in India. If it was an offence under Indian law. In mohammad sajeed khan v. state of Kerala, it was held that an offence committed outside India by a citizen of India can be investigated by the local police even without the clear permission of central government. Sec-3, it is applicable only under Extradition Act 1762, IPC 1860, CRIMINAL PROCEEDING CODE 1973. SECTION-4: The provision of this code applies also to any offence committed by- I. Any citizen of India in any place without and beyond India. II.Any person on any ship or aircraft registered in India whereas it may be India committing offence targeting a computer resource located in India. III.Any person in any place without and beyond India committing offence targeting a computer resource located in India. a) The word offence includes every act committed outside India would be punishable under this code. b) The excretion computer resources shall have the same meaning given under sec 2(1) clause (a) of information technology Act,2000. Sec-4 also deals with extra territorial jurisdiction. Sec-4 can be divided into 3 parts: •LAND: Sec-3 & 4 of IPC and sec- 188 of Cr.P.C courts can take cognizance of an offence committed beyond the territories of India. 1)By a citizen of India whether a high sea (or) elsewhere (or) 2)Any person on any ship (or) aircraft registered in India. •ADMIRALITY JURISDISTION: 1)Offences committed on Indian ships on high seas 2)Offences committed on foreign ships in Indian territorial water 3)Privacy Offences committed on high sea could not be tried by ordinary criminal courts. They were dealt by admiralty offence Act, 1849. • {**} privacy is of 2 types (kind) •Privacy i.e. privacy jure gentium and privacy by the statute law of England. •Privacy jure gentium is an offence against all nations it contains- a) Seizes (or) attempts to seizes any ships on the high sea b) Attacks such ships and takes away any of the goods. c)Attacks(or) attempts to attack such ship with intend to take away any goods by violence.  If the citizens of same nation commit robbery on a sip upon high sea, then it is not privacy.  If the citizens of different countries commit robbery upon the ship in high sea in the respective position of enmity, then only it amounts to privacy. •AIRCRAFT: The provisions of this code are applicable to any offence committed by any person on any aircraft registered in India. SECTION-5: The provisions of IPC not applicable to the personal of Navy, Army and Aircraft because they are governed by the provisions of Army Act 1950, Airforce Act 1950, Navy Act 1957, in regard to the offences or mutiny committed by them. •Mutiny: offences committed by Navy / Army / Air force against their officers. III. According to Madya Pradesh high court every counsellor is a public servant under sec-352 of municipalities Act. IV. The supreme court held that an MLA is not a public servant within the meaning of sec-21 of IPC because under explanation 12. He gets pay and allowance by way of honorarium. He is not in the pay of state govt. V. The employees of life and general insurance corporation have been to be a public servant. VI. An IAS officer posted as manging Director of state Finance Corporation is a public servant. VII. Employee of nationalised Bank, sarpanch of Gram panchayat – public servant. { Service in pay of govt (central or state) Entrusted with public duty - Public duty - Public duty MLA – NOT PUBLIC SERVANT – ACC. TO 12 OF SEC 21 – HE MAY NOT PAID MONTHLY BUTGIVEN HONORANIUM. {{LIC, IAS, Employee of nationalised bank, Sarpanch}} – public servant. } (-sarpanch of a gram panchayat held to be a public servant) 4. punishment CHAPTER-III: OF PUNISHMENTS Section-53: The punishments to which offenders are liable under the provisions of this code. Punishments are uncertain under IPC. Depending upon the following theories: •Deterrent theory: A punishment is primarily deterrent when its object is to show the fertility of crime & thereby teach a lesson to others. •Retributive theory: According to this theory, punishment is a form of expiation and the other meaning is taking a vengeance (kaksha) for the act done.it means eye for eye, tooth for tooth. •Theory for compensation: According to this theory, the object of punishment must not be merely to prevent further crimes, but also to compensate he victim of the crime. •Preventive theory: They believed that ‘prevention is better than cure’ this theory aims at preventing a crime by disabling the criminal from the society. Example: - solitary confinement etc., •Reformative theory: it is the new Theory; Mahatma Gandhi is great supporter of this theory. This theory depends on certain principles. They are: 1.“Hundred wrongdoers may escape from punishment, but one innocent should not be punished”. 2.“Hate the crime not the criminal”. 3.“no one is born criminal; the circumstances may convert them as criminals”. 4.“Until and unless the guilty was proved the accused person is presumed as innocent”. The supporters of this theory considered crime as a disease, they opined that punishment to the curative or perform the functions of the medicine. They believed that even the hard-core criminals and habitual offenders may also convert as law abiding citizens. Kinds of punishments: Depending upon the above theories of punishments the following are classified as kind of punishments. I.First – Death II.Second – Imprisonment for life. III.Third – Solitary confinement IV.Fourth – Imprisonment namely a) Rigorous Imprisonment i.e. with hard labour. And b) Simple Imprisonment. V.Fifth – forfeiture (seize) of property. VI.Sixth – Fine.  Death: -Out of the total world 141 countries do not impose death penalty by law or a matter of practice. -57 countries continue to authorise the death penalty for a variety of crimes including murder, corruption, rape & robbery. xi)Dacoity accompanied with murder Sec-396. xii)Attempt to murder by a person under sentence of imprisonment for life, if hurt is caused Sec-307. In addition to the above death penalty ca be imposed by virtue of Sec-34, 149, 109, 120-B of IPC. Case law (**): Bachan Singh Vs. State of Punjab. [AIR 1980 SC 898]  Imprisonment for life: Imprisonment for life is rigorous. Imprisonment for life bot not simple imprisonment. Imprisonment is of 2 kinds a) Rigorous and b) simple. In rigorous imprisonment the offender is putto hard labour such as grinding corn, digging earth, drawing water, cutting firewood, bowing wool. Bombay blast case-2007 (sanjay dutt) In simple imprisonment the offender is confined to jail. •Under the following sections the offender is punished with rigorous imprisonment. i.Giving (or) Fabricating false evidence with intent to procure the conviction of an offence. Which is capital Sec-194. ii.House trespass in order to commission of an offence punishable with death Sec-449. iii.Rape Sec-376. As a result of criminal law amendment act 2013 it effected from4-3- 2013. Rigorous imprisonment shall be given for the following offences: a. Public servant (Sec-21) disobeying directions under law – shall be punished with imprisonment not less than 6 months Sec-166-A. b. Voluntary causing grievous hurt by use of acid – Imprisonment not less than 10yrs. Sec-326-A. c. Outraging the modesty of a women – Imprisonment not less than 1 yr. Sec-354. d. Assault (or) use of criminal force to women with intend to dissolve- imprisonment not less than 3 yrs. Sec-354-B. e. Voyeurism- Imprisonment not less than 1yr. Sec-354-C. f. Trafficking of person- Imprisonment not less than 7yrs. Sec-370 g. Exploitation of a trafficked of child- imprisonment not less than 5yrs it may extend to 7 yrs. & fine. Sec- 300-A. h. Rape Sec-376(1) – 7yrs, Sec-376(2) – 10yrs. i. Causing death (or) resulting in persistent vegetative state of victim- imprisonment not less than 20yrs – Sec- 376- A. j. Rape committed by husband upon his wife when the wife is aged below 16yrs. Sec-376-B not less than 2yrs. This section also powers when the spouse is in separation. k. Rape by a person in authority Sec-376-C not less than 5yrs imprisonment. l. Gang Rape-Sec- 376-D. punishment- not less than 20 yrs. As a result of criminal law amendment Act-2013, the punishment for rape is rigorous imprisonment not less than 10yrs but which may extend to imprisonment for life. Here life imprisonment means imprisonment for the remainder natural life of accused & shall also be liable to fine.  Simple Imprisonment: The following offences are punishable with simple imprisonment under IPC: I.Public servant unlawfully engaging in trade (or) unlawfully buying (or) betting property Sec-168 & 169. II.A person absconding to avoid service of someone’s (or) other proceeding in disobedience to an order of public servant. Sec- 172,173,174. III.Intentional omission to produce a document to a public servant by a person legally bound to produce such document. Sec-175,176,187. IV.Refusing Oath when duly required to take Oath by a public servant Sec-178,179,180. V.Disobedience to an order by a public servant, if such disobedience causes obstruction causes obstruction (or) injury. Sec-188. VI.Escape from confinement negligently suffered by a public servant Sec-223,225-A. VII.Intentional insult (or) interruption to a public servant sitting in any stage of judicial proceeding Sec-228. VIII.Continuous nuisance after injunction to discontinue. Sec-291. IX.Wrongful restraint Sec-341. X.Defamation, printing (or) Selling defamatory matter known to be sold. Sec-500,501,502. XI.Uttering any word (or) making any sound (or) gesture with an intention to insult the modesty of a women. Sec-509. When the offence is punishable with non-payment of fine. The fine shall not exceed 1/4th of the maximum term of imprisonment fixed under IPC for that offence. Section-66: Description of imprisonment for non-payment of fine The additional imprisonment for default of payment of fine may be wholly rigorous (or) wholly simple (or) partly rigorous & partly simple. Section-67: Imprisonment for non-payment of fine, when offence punishable with fine only If the offence is punishable with fine only the imprisonment which the court imposes shall not exceed the following scale. When the amount is Rs.50/- the imprisonment not exceeds 2 months. If the amount exceeds Rs. 50/- & up to 100/- the imprisonment term is up to 4 months. If the fine exceeds Rs. 100/- then the imprisonment term doesn’t exceed 6 months. Section-68: Imprisonment to terminate on payment of fine The imposed imprisonment shall terminate whenever the fine amount is paid. Section-69: Termination of imprisonment on payment of proportional part of fine Example: - ‘A’ is sentenced to fine of Rs. 100/- & 4 moths of imprisonment in default of payment. If he payed only Rs. 75/- then he will be discharged as soon as 1st month is expired. Section-70: Fine leviable within six years (or) during imprisonment- Death not to discharge property from liability. Fine amount shall be paid within 6yrs (or) before the completion of imprisonment if the period is less than 6yrs. Death of the offender doesn’t discharge from the liability of fine, his property be legally liable for his debts. Section-71: Limit of punishment of offence made up of several offences Limit of punishment of offence made up of several offences. The offender shall not be punished with several punishments if the acts one (or) more would by itself constitute same offence. Example: ‘A’ gives ‘Z’ 50 stokes with a stick then A will be liable for the offence of voluntarily causing hurt to X. while A is beating Z, Y interferes, A intentionally strikes Y also then, A will be liable to one punishment for (or) voluntarily causing hurt to X & other punishment for voluntarily causing hurt to ‘Y’. Section-72: Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which Punishment of person guilty of several offences but it is doubtful of which of these offences he is guilty then the offender shall be punished for the offence for which the lowest punishment provided. Section-73: solitary confinement If any person is situated to solitary confinement, the portions of imprisonment not exceeding 3 months in the whole according to the following scale: - a) A time not exceeding 1 month if the term of imprisonment shall not exceed 6 months. b) A time not exceeding 2 months if the term of imprisonment will exceed 6 months & shall not exceed 1 yr. c) A time not exceeding 3 months if the term of imprisonment shall exceed 1yr. Section-74: limit of solitary confinement In no case exceed 14 days at a time with intervals between the period of solitary confinement. If the imprisonment awarded (solitary) shall exceed 3 months the solitary confinement shall not exceed 7 days in any one month on the whole imprisonment. Section-75: Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction Any person convicted for the offences under Chapter XII (or) Chapter XVII of IPC with imprisonment of 3yrs (or) upwards for subsequent offence imprisonment for life (or) imprisonment which may extend to 10yrs. court reversed the judgement of lower court & acquitted Mrs. Tolson for the offence of bigamy. It comes under Mistake of fact. 3.R Vs. Wheat and Stock In this case the court held that Mistake of law is not excusable & he was punished for the offence of bigamy. 4.Hariprasad Vs. State In this case the court held that for the act done by the servant, vicarious liability applicable to the but for the criminal actions master is not held responsible servant is held personally liable. Section-77: Act of judge when acting judicially Any act done by the judge, acting judicially inn good faith believes that power given to him by law. Section-78: Act done pursuant to the judgement or order of court When an order (or) judgement passed by a court the court had no jurisdiction to pass such order (or) judgement while doing so acting in good faith believes that court had jurisdiction. Section-80: Accident in doing a lawful act This section exempts the doer of an innocent (or) lawful act is a lawful manner without any criminal intention the act is without criminal intention (or) knowledge in a) a doing of a lawful act b) In a lawful manner by lawful means & c) With proper care & caution. For Example: A is at work with a hatchet, the head flies off & kills a man. Here, if there was no want of proper caution on the part of A his act is excusable. Under Sec-80 but not an offence. Section-81: Act likely to cause harm, but done without criminal intent, and to prevent other harm Acts done in necessity. It is also called doctrine of necessity & compulsion. An act likely to cause harm but done without any intention & to prevent a grave danger a lesser arm may be committed. Under Sec-81. Case-law: (**part-C) R Vs. Dudlug & Stephens [AIR 1884 14QB 273] Section-82: Act of child under seven years of age 1)Act of child below the age of 7yrs – No offence by presumption of doli in capax. 2)Act of a child after the age of 12years is an offence. Sec-83 Section-83: An act of a child above seven and under twelve of immature understanding Act of a child above the age of 7yrs & below 12yrs, if the child has not attained sufficient maturity levels to judge the nature and consequences of his conduct is not an offence. Case-law: Heera lal Vs. State of Bihar [AIR 1977 SSC 2236] Section-84: act of a person of unsound mind Nothing is an offence done by a person who is suffering with unsoundness of mind and incapable of knowing the nature of the Act. Case-law: (**PART-C) Mac Naughton’s case (1843 for ST) (Murder of ENGLAND P.M) Ashirruddin Mohammed Vs. state [AIR 1950 Cr LJ 225] (KILLS HIS OWN 4YRS CHILD) Section-85: Act of a person incapable of judgement by reason of intoxication caused against his will (Act of a person of intoxication) This section covers only involuntary intoxication. Condition: • The person who has done the act is incapable of knowing the nature of act. • It is an act of either wrong (or) contrary to law • The intoxication to him was without his knowledge and against his will. • Voluntarily drunkenness is no excuse for the commission of the crime. Case-law: Vasu Dev Vs. State [AIR 1956 SSC 488] R Vs. Standy [(1989) 1 AII E.R. (all Indian England reporter) 267] Section-86: Offence requiring a particular intent (or) knowledge committed by one who is intoxicated It is an extension of Sec-85 in this section the offence requiring a particular intent (or) knowledge committed by one who is intoxicated. It is clear that sec-86 is an exception to sec-85. Section-87: Acts done by consent Nothing is an offence which is not intended to cause death (or) grievous hurt; which is not known by the doer to be likely to cause death (or) grievous hurt. For Example: ‘A’&’Z’ agrees to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in Nothing is an offence if any communication is made in good faith (or) for the benefit of any person. For Example: A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient's death. Section-94: Act to which a person is compelled by threats. Except Murder & offences against state punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats. Section-95: Act causing slight harm To prevent the major harm, if slight harm is caused it is not an offence. Section 96 to 106: RIGHT OF PRIVATE DEFENCE Out of which Section 96 to 102 deals with right of private defence of body, Section 103 to 105 deals with right of private defence of property and Section 106 deals with common private defence. Section 96: Nothing is an offence, any act done in the exercise of right of private defence. Section97: Right of private defence of body and property Every person has a right to exercise right of private defence subject to the restrictions under Section-99 to protect- • His own body, and the body of any other person, against any offence affecting the human body. • The property whether movable (or) immovable of himself (or) any other person (or) against the offences of theft, robbery, mischief (or) criminal trespass. Section-98: right of private defence against the act of a person of unsound mind For Example: Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. Section-99: Acts against which there is No right of private defence. In Sec-99 under the following circumstances there is NO right of private defence. 1. Against the acts of public servant. 2. Against the acts of persons under the authority acting legally. 3. If there is sufficient time for recourse to public authority the right of private defence not applicable. 4. More harm than that is necessary should not be caused. 5. There must be reasonable apprehension of death or grievous hurt (or) damage to the property then only the right of private defence applicable. 6. There is No right of private defence in a free fight. Case-law: Gurudatta Mal Vs. State of U.P. Section-100: when the right of private defence of the body extends to causing death. In exercise of right of private defence of body, it extends to causing death, even though it is not an offence under the following circumstances.  Such assault may reasonably cause apprehension of death.  Such assault may reasonably cause apprehension of grievous hurt.  An assault with intention of, committing rape.  An assault with intention of, gratifying unnatural lust.  Kidnapping (or) abducting.  Wrongfully confining a person, he will be unable to recourse the public authority for his release.  An act of throwing (or) administering acid (or) attempt to throw. It was inserted as a result of criminal law amendment act 2013 on Case law: • Fakeera Charminar case • Vishwanath vs. State of U.P. [AIR 1960 SSC 67] • Amjad Khan Vs. State [AIR 1952 SSC 165] Section-101: when such right extends to causing any harm other than death. (Right of private defence extends to causing any harm other than death.) If such right exercised subject to the restriction’s u/s-99 & not the description mentioned in Sec-100. Section-102: Commencement and continuance of the right of private defence of the body. Right of private defence of body commences when the reasonable apprehension of danger of body arrives and this right continues as long as such apprehension of danger to the body continues. An abettor is a person who instigated the other to commit an offence. 1) The abetment of illegal omission may amount to an offence. 2) To constitute the offence of abetment it is not necessary that the act abetted should be committed (or) that the abate requisite to constitute the offence should be caused. Example: A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. 3) It is not necessary that the person abetted should be capable by law committing an offence (or) he should have the same guilty intention (or) knowledge. Example: A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z's death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z's death. Here, though B was not capable by law of committing an offence. A is liable to be punished in the same manner as if B had been capable by law of committing an offence and had committed murder and he is therefore subject to the punishment of death. 4) The abatement of an offence being an offence, the abatement of such abatement is also an offence. Example: A instigates B to instigate C to murder Z.B accordingly instigates C to murder Z, and C commits that offence in consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment. 5) A person engages in the conspiracy in pursuance of which the offence is committed. Example: A concert with B a plan for poisoning Z It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. Section-108A: Abetment in India of offences outside India For Example: ‘A’, in India instigates ‘B’, A foreigner in goa. To commit murder in Goa. ’A’ is guilty of abetting murder. Section-109: The act abetted is committed in consequence of abetment, same punishment provided for that offence under IPC. Section-110: for committing abetted act with different intention from that of abettor. Abettor will be punished with the punishment provided for that offence. Section-111: Liability of abettor when one act is abetted & different act is done. Punishment is in the same manner as if he had directly abetted it. Example: • A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A 's instigation, and the act done was under the circumstances a probable consequence of the abetment. A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. • ‘A’ instigates a child to put poison into the food of ‘Z’, the child by mistake puts the poison into the food of ‘Y’. ‘A’ is liable for murder of ‘Y’. Section-112: Liability of the abettor 1) For the act abetted 2) For act done which constitute a distinct offence- The abettor is liable for the offence abetted as well as the offence committed. Section-113: When the act done is same abetted, but its effects is different. Liability is to the same extend as if he had abetted the act with the intention of causing the effect. For Example: ‘A’ instigates to ‘B’ to cause grievous hurt to ‘Z’.’B’ in consequence causes grievous hurt to ‘Z’. ‘Z’ dies in consequence. ‘A’ is liable for the punishment for murder. Section-114: 7. Criminal conspiracy CHAPTER-V-A: CRIMINAL CONSPIRACY (SECTION-120-A & SECTION-120-B) Section-120-A: Definition of criminal conspiracy Conspiracy is a continuous offence. It is an agreement between 2 (or) more persons to do an unlawful act (or) to do lawful act by unlawful means. Section-120-B: Punishment for criminal conspiracy Whoever commits an offence as a result of criminal conspiracy punishable with death (or) imprisonment for life (or) rigorous imprisonment for 2yrs. (or) more be punished in the same manner as if he had abetted such offence. Whoever is a party to a criminal conspiracy other than the above offence shall be punished with imprisonment not exceeding 6 months (or) with fine (or) with both. Case-Law: Kehar Singh Vs. Delhi administration [AIR 1988, SC 1883] Ramnadh & others Vs. State of M.P [AIR 1953, SC420] 8. OFFENCE AGAINST STATE CHAPTER-VI: OFFENCE AGAINST STATE (SECTION-121 TO 130) Section-121: Waging (or) attempting to wage war (or) abetting waging war against govt. of India shall be punished with death (or) life imprisonment and shall also be liable to fine. Example: ‘A’ joins an instruction against govt. of India. ‘A’ committed the offence defined u/s-121 of IPC. Section-121-A: Conspiracy to commit offences punishable by Sec-121 shall be punished with imprisonment for life (or) Imprisonment for 10yrs & shall also be liable to fine. Section-122: Collecting arms etc. with intention of waging war against govt. of India shall be punished with life imprisonment, imprisonment for 10yrs and shall also be liable to fine. Sanjat Dutt Case. Section-123: Concealing with intend to facilitate design to wage war shall be punished with 10yrs imprisonment & shall also be liable to fine. Section-124: Assaulting president (or) Governor with intend to compel (or) restrain the exercise of any lawful power shall be punished with 7yrs imprisonment & shall also be liable to fine. Section-124-A: Sedition (** short imp.) 1. Bringing (or) attempting to bring hatred (or) dissatisfaction towards govt. of India. 2. Such act (or) attempt may be done a) By words, either spoken (or) written b) By signs, either spoken (or) written. c) By visible representations. Shall be treated as sedition and shall be punished with imprisonment for life to which fine may be added (or) imprisonment for 3yrs to which fine may be added (or) only fine. Section-125: Waging war against any Asiatic power in aliens with the govt. of India shall be punished with life imprisonment to which fine may be added an imprisonment for 7yrs to which fine may be added (or) with fine. Section-126: Committing depredation on territories of power at peace with govt. of India shall be punished with 7yrs imprisonment & shall also be liable to fine and forfeiture of any property used (or) acquired by such depredation. imprisonment for 3yrs & shall also be liable to fine. This section covers only the abetment, but the assault was not committed. Section-134: Abetment of above assault if the assault is committed shall be punished with 7yrs imprisonment and shall also be liable to fine. Section-135: Abetment of desertion of soldier (or) sailor (or) airman shall be punished with 2yrs imprisonment (or) with fine (or) with both. Section-136: Harbouring deserter Shall be punished with 2yrs imprisonment (or) fine (or) both. It is similar to 52-A IPC. Section-137: Deserter concealing on boat (or) merchant vessel through negligence of master shall be punished with penalty not exceeding Rs.500/-. Section-138: Abetment of act of in subordination by soldier, sailor(or) airman shall be punished with 6 months imprisonment (or) fine (or) both. Section-138-A: Repealed Section-139: Persons subject to certain acts Section-140: Whoever wearing guard (or) carrying token used by soldier, sailor(or) airman shall be punished with 3 months imprisonment (or)with fine which may extend to Rs.500/- (or) with both. 10. OFFENCES AGAINST TRANQUILITY CHAPTER-VIII: OFFENCES AGAINST TRANQUILITY (SECTION 141 TO 160) Section-141: unlawful assembly Definition of unlawful assembly: An assembly of 5 (or) more persons is designated as unlawful assembly if the common object is consisting of i) To overawe by criminal force (or) show of criminal force against central (or) state govt. (or) parliament (or) legislature of any state. ii) Any public servant exercise of the lawful power of such public servant. a) To resist the execution of any law (or) legal process (or) b) To commit any mischief (or) criminal trespass (or) other offence (or) c) By means of criminal force (or) show of criminal force to take (or) obtain possession of any such property (or) deprive any person of the enjoyment of • A right of way • Use of water (or) other incorporeal rights. iii) To compel any person a) To do what he is not legally bound to do. b) To omit to do what he is legally entitled to do. Section-142: member of unlawful assembly Whoever being aware of facts of unlawful assembly, intentionally joins that assembly (or) continues in it, is said to be a member of unlawful assembly. Section-143: punishment It gives (or) prescribes punishment to a member of unlawful assembly of either discretion for a term of 6 months (or) with fine (or) both. Section-144: Whoever being armed with any deadly weapon(or) used as a weapon of offence & that is likely to cause death, shall be punished with imprisonment for 2yrs (or) with fine (or) with both. Section-145: Whoever joins (or) continues in an unlawful assembly knowing that such unlawful assembly has been commanded in the manner Section-153-B: Whoever by words either spoken (or) written (or) by senses (or) visible representations by reason of language (or) caste(or) religion (or) regional group etc. impulates, assertation, prejudicial to the national integration shall be punished with 3yrs (or) with fine (or) with both. Section-154: Owner (or) occupier of land on which unlawful assembly is held shall be treated as member of unlawful assembly and shall be punishable with fine not exceeding Rs.1000/-. Section-155: Lability of person for whose benefit riot is committed shall be punished with fine, if he (or) his agent (or) manager having knowledge such riot is likely to be committed shall be treated as member of unlawful assembly. Section-156: Liability if agent of owner (or) occupier for whose benefit the roit is committed shall be punished with fine and treated as member of unlawful assembly. Section-157: Harbouring persons hired for an unlawful assembly shall be punished with imprisonment for 6 months (or) with fine (or) with both. Section-158: Being hired to take part in an unlawful assembly (or) riot shall be punished with 6 months imprisonment (or) with fine (or) with both. Section-159: (**) Affray This section requires 3 things- i. 2 (or) more persons must fight. ii. They must fight in public place. iii. They must disturb the public peace. Section-160: punishment for committing affray Whoever commit affray shall be punished with imprisonment for 1 month (or) with fin which may extend to 1000/- (or) with both. 11. OFFENCES BY (OR) RELATING TO PUBLIC SERVANTS. CHAPTER-IX: OFFENCES BY (OR) RELATING TO PUBLIC SERVANTS. (SECTION 161 TO 171) Out of which from section 161 to 165-A are repealed. Section-166: Public servant disobeying law with an intend to cause injury to any person shall be punished with simple imprisonment (or) with fine (or) with both. As a result of Criminal law Amendment Act (Nirbaya act)2013 w.e.f. 3-2-2013 166-A and 166-B are inserted. Section-166-A: Public servants disobeying directions under the law and fails to record any information given to him u/s-154 of Cr.P.C 1973 in relation to cognizable offence is punishable u/s-326-A,326-B,Sec- 354,354-B,Sec-370,370-A&376,376-A,376-B,376-C,376-D,376-E & Sec-509 shall be punished with rigorous imprisonment for a term which shall not be less than 6 months up to 2yrs & shall also be liable to fine. Section-166-B: Punishment for non-treatment of victim. Whoever being charge of hospital, public(or) private whether run by central (or) state govt. contravene the provision of Sec-357-C of Cr.P.C 1973 shall be punished with 1yr imprisonment (or) with fine (or) with both. Section-167: Public servant framing incorrect document with an intend to cause injury shall be punished with imprisonment which may extent to 3yrs (or) with fine (or) with both. Section-168: public servant unlawfully engaging in trade. Whoever being a public servant and legally bound not to engage in trade but engages in trade shall be punished with simple imprisonment for 1yr(or) with fine (or) with both. Section-169: Public servant unlawfully buying (or) bidding property shall be punished with simple imprisonment for 2yrs (or) with fine (or) with both, & the property shall be confiscated (ceased). Section-170: Personating a public servant (or) attempts to do shall be punished with imprisonment for 2yrs (or) with fine (or) with both. Illegal payments in connection with election shall be punished with fine which may extend to Rs. 500/-. Section-171-I: Failure to keep election accounts shall be punished with fine which may extend to Rs.500/-. 13. FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE. CHAPTER-XI: OF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE. (SECTION-191 TO 229-A) Section-191: Giving false evidence: Whoever being legally bound by an oath to make a declaration before the court of law and which he knows (or) believes to be false, said to be give false evidence. Section-192: Fabricating false evidence Whoever makes any false entry in any book (or) record (or) electronic record produced before a public servant (or) before arbitrator (or) appear in evidence in a judicial proceeding, the person knows it false then such proceeding is said to be fabricating false evidence. Section-193: punishment for false evidence Whoever intentionally gives false evidence shall be punished with 7yrs imprisonment & shall also liable to fine. Section-194: Giving (or) fabricating false evidence with an intend to procure conviction of capital offence. Shall be punished with imprisonment for life, & rigorous imprisonment for 10yrs & shall also be liable to fine. If innocent person be thereby convicted & executed shall be punished with death (or) the above punishment mentioned. Section-195: Giving (or) Fabricating false evidence with intend to procure conviction of offence punishable with imprisonment for life (or) imprisonment Any person to be convicted of an offence which is not capital,shall be punished with life imprisonment (or) imprisonment for 7yrs (or) more. Section-195-A: Inserted by criminal law Amendment Act-205. Whoever threatening any person to give false evidence shall be punished with imprisonment for 7yrs (or) with fine (or) with both. If innocent person is convicted & sentenced as a result, the person who threatens shall be punished with same imprisonment & sentence in the same manner such innocent person is punished. Section-196: Using evidence Known to be false Shall be punished with, in the same manner if he gave (or) fabricated false evidence. Section-197: Issuing (or) signing false certificate Shall be punished in the same manner as if he gave false evidence. Section-198: Using as true a certificate known to be false. Shall be punished in the same manner as if he gave false evidence. Section-199: False statement made in declaration which is by aw receivable as evidence – shall be punished in the same manner as if he gave false evidence. Section-200: Using as true such declaration, knowing it to be false – shall be punished in the same manner as if he gave false evidence. Section-201: Causing disappearance of evidence of offence (or) giving false information to screen offender- 1) In case of capital offence- the offender may extend a punishment to 7yrs and shall also be liable to fine. 2) If such offence is punishable with life imprisonment- shall be punished with imprisonment up to 3yrs & shall be punished with longest term of imprisonment prescribed to that section in IPC (or) imprisonment for a term not exceeding 1/4th of the imprisonment provided for that offence under IPC, he shall also be liable to fine. Section-202: Intentional omission to give information of offence by person bound to inform shall be punished with imprisonment for 6 months (or) with fine (or) with both. Section-214: Offering gift (or) restoration of property in considering of screening offender – i)In case of a capital offence – shall be punished with 7yrs imprisonment & shall also be liable to fine. ii) If it is punishable with life imprisonment (or) with imprisonment up to 10yrs, shall be punished with 3yrs imprisonment & shall also be liable to fine. iii)If the offence is punishable with imprisonment of 1yr & up to 10yrs, shall be punished with 1/4th of the maximum term of imprisonment prescribed for that offence under IPC (or) with fine (or) with both. Section-215: Taking gift to help to recover stolen property- shall be punished with 2yrs imprisonment (or) with fine (or) with both. Section-216: Harbouring offender who had escaped from custody (or) whose apprehension has been ordered. i)In case of a capital offence-shall be punished with 7yrs imprisonment & shall also be liable to fine. ii)If it is punishable to life imprisonment (or) imprisonment up to 10yrs shall be punished with 3yrs imprisonment (or) with fine (or) with both. iii)If the offence is punishable with imprisonment of 1yr & up to 10yrs shall be punished with 1/4th of the maximum term of imprisonment prescribed for that offence under IPC (or) with fine (or) with both. Section-217: Public servant disobeying direction of law with an intend to save person from punishment (or) property from forfeiture shall be punished with imprisonment for 2yrs (or) with fine(or) with both. Section-218: Public servant framing incorrect record (or) writing with intend to save person from punishment (or) property from forfeiture shall be punished with imprisonment for 3yrs (or) with fine (or) with both. Section-219: Public servant in judicial proceeding corruptly making report etc. contrary to law shall be punishable for imprisonment for 7yrs (or) with fine (or) with both. Section-220: Commitment for trial (or) confinement by person having authority who knows that he is acting contrary to law shall be punished with imprisonment for 7yrs (or) with fine (or) with both. Section-221: Intentional omission to apprehend on the part of public servant bound to apprehend. 1.If it is capital offence, the person is punished with 7yrs imprisonment. 2.If the offence is punishable with 3yrs imprisonment which may extend to 10yrs of imprisonment (or) with fine (or) with both. 3.if the offence is punishable with 2yrs which may be less than 10yrs of imprisonment (or) with fine (or) with both. Section-222: Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence (or) lawfully committed. If the offence is punishable with life imprisonment (or) imprisonment up to 10yrs then that person is punishable with 7yrs imprisonment (or) with fine (or) with both. If the offence is punishable less than 10yrs then the public servant shall be punished with 3yrs imprisonment (or) with fine (or) with both. Section-223: Escape from confinement (or) custody due to negligence of public servant shall be punished with simple imprisonment for 2yrs (or) with fine (or) with both. Section-224: Resistance (or) obstruction by a person to his lawful apprehension shall be punished with 2yrs imprisonment (or) with fine (or) with both. If the offence is punishable with life imprisonment (or) imprisonment up to 10yrs, shall be punishable with 7yrs imprisonment (or) with fine (or) with both. If the offence is punishable with less than 10yrs shall be punished with 2yrs imprisonment (or) with fine (or) with both. Section-225-A: Omission to apprehend (or) sufferance of escape on part of public servant in cases not otherwise provided u/s-221,222&223 of IPC. a) If he does intentionally shall be punished with 3yrs imprisonment (or) with fine (or) with both. b) if he does negligently shall be punished with simple imprisonment for 2yrs (or) with fine (or) with both. Section-225-B: Malignant act liable to spread infection of disease dangerous to life shall be punished with 2yrs imprisonment (or) with fine (or) with both. Section-271: Disobedience to quarantine rule Any rule passed by govt., whoever knowingly disobeys it shall be punished with imprisonment for 6 months (or) with fine (or) with both. Section-272: Adulteration of food (or) drink intended for sale shall be punished with 6months imprisonment (or) with Rs.1000/- fine (or) with both. Section-273: Sale of noxious food (or) drink shall be punished with 6month imprisonment (or) with Rs.1000/- fine (or) with both. Sectin-274: Adulteration of drugs shall be punished with 6 months imprisonment (or) with Rs.1000/- fine (or) with both. Section-275: Sale of adulterated drugs shall be punished with 6 months imprisonment (or) with Rs.1000/- fine(or) with both. Section-276: Sale of drug as a different drug (or) preparation shall be punished with 6 months imprisonment (or) with Rs.1000/- fine (or) with both. Section-277: Fouling water of public use (or) reservoir shall be punished with 3 months imprisonment (or) with Rs.500/- fine (or) with both. Section-278: Making atmosphere noxious to health shall be punished with 3months imprisonment (or) with Rs.500/- fine (or) with both. Section-279: Rash driving (or) riding o a public way shall be punished with 6 months (or) with Rs.1000/- fine (or) with both. Section-280: Rash navigation of vessel -shall be punished with 6 months imprisonment(or) with Rs.1000/- fine (or) with both. Section-281: Exhibition of false light (or) Mark -shall be punished with 7yrs imprisonment (or) with fine (or) with both. Section-282: Conveying person by water for hire in unsafe (or) over loaded vessel shall be punished with 6 months imprisonment (or) with Rs.1000/- fine (or) with both. Section-283: Danger (or) obstruction in public way (or) line of navigation shall be punished with fine which may extend to Rs.200/- fine. Section-284: Negligent content with respect to poisonous substance shall be punished with 6months imprisonment (or) with Rs.1000/- fine (or) with both. Section-285: Negligent conduct with respect to fine shall be punished with 6 months imprisonment (or) with RS.1000/- fine (or) with both. Section-286: Negligent conduct with respect to explosive substance shall be punished with 6 months imprisonment (or) with Rs.1000/- fine (or) with both. Section-287: Negligent conduct with respect to machinery shall be punished with 6-month imprisonment (or) with Rs.1000/- fine (or) with both. Section-288: Negligent conduct with respect to pulling down (or) repairing a building shall be punished with 6-month imprisonment (or) with Rs.1000/- fine (or) with both. Section-289: Negligent conduct with respect to animal shall be punished with 6- month imprisonment (or) with Rs.1000/-fine (or) with both. Section-290: Punishment for public nuisance in any case not punishable by this code shall be punished with Rs.200/-fine. Section-291: Continuance of nuisance after injunction to discontinue shall be punished with 6-month imprisonment (or) with Rs.1000/-fine (or) with both. Section-292: (** PART-C) Sale etc. of obscene books etc... Whoever sales, imports (or) conveys obscene objects for the first, convictionwith2yrs imprisonment & Rs.2000/- fine. Section-297: Trespassing on burial places etc. -shall be punished with1yr imprisonment (or) with fine (or) with both. Section-298: Uttering words etc... with deliberate intend to wound religious feelings with imprisonment for 1yr imprisonment (or) with fine (or) with both. 16. OFFENCES RELATING TO WEIGHTS AND MEASUREMENTS CHAPTER-XIII: OF OFFENCES RELATING TO WEIGHTS AND MEASUREMENTS (SECTION 264 TO 267) Section-264: Fraudulent use of false instrument for weighing shall be punished with 1yr imprisonment (or) with fine (or) with both. Section-265: Fraudulent use of false weight (or) measure shall be punished with 1yr imprisonment (or) with fine (or) with both. Section-266: Being in possession of false weight (or) measure shall be punished with 1yr imprisonment (or) with fine (or) with both. Section-267: Making (or) selling false weight (or) measure shall be punished with 1yr imprisonment (or) with fine (or) with both.