INDIAN PENAL CODE - AN INTRODUCTION

1.

Title - Its meaning

(a)

It consists of three words, namely:

- Indian
- Penal
- Code

(b)

Out of these three, the key word is "code".

Code - What is means?

It is systematic, complete, written collection of a body of laws, arranged methodically
in a coherent manner. A Code is the end product of codification.
Codification is a process which consists of compilation arrangement, systemisation
and promulgation of a body of laws by the authority competent to do so.
Examples :
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)

Codification - its advantages

(i)
(ii)
(iii)
(iv)
(v)

(d)

Code of Menu
Code of Napoleon
Code of Justinian
Hindu Code
Indian Penal Code
Criminal Procedure Code
Civil Procedure Code

Simplicity
Symmetry
Intelligibility
Logical coherence
Certainty

Penal - What it means ?

It is an adjective. It qualifies the noun "code". It means "relating to punishment".

Indian Penal Code is a penal statute, because it not only defines offences but also
prescribes punishments for commission of such offences.
(e)

"Indian"

The term "Indian" signifies that it is the penal code for India. The preamble indicates
that the I.P.C. was enacted to provide a General Penal Code for India.

(f)

India in the context of the IPC

IPC extends to the whole of India except the State of Jammu & Kashmir.

Article 1(3) of the Constitution of India, read with the First Schedule, will tell you the
extent of the territory of India.
India at present consists of 25 States and 7 Union Territories.
The total area of the country is 3,287,263 sq. km.
Besides the land territory indicated above, the Indian territorial jurisdiction also
extends to that portion of the sea lying along and washing its coast, to a distance of twelve
nautical miles into the sea measured from the appropriate base line.
2.

Historical Background

(a)

The year 1833 was very crucial in the history of development of law in British India.

(b)

The Charter Act of 1833 was passed by the British parliament with a view to
facilitating codification of Indian Laws.

(c)

The Charter Act of 1833

(i)

established an All India Legislature namely Governor General in Council, for

the whole of British India.

(ii)

created the office of Law Member in that Council.

(iii)

provided for the appointment of a Law Commission.

(d)

Mr. T.B. Macaulay was appointed to fill the office of the Law Member.

(e)

In Pursuance of the Charter Act of 1833, the first Law Commission was set up in
1834.

(f)

Mr. Macaulay, later on Lord Macaulay, became its President.

(g)

The first task assigned to the Law Commission was to prepare a draft penal code for
India.

(h)

A draft Code was drawn up and submitted to the Governor-General in Council on the
14th October 1837.

(i)

The draft was then circulated to the Judges and the Legal Advisers of the crown for
eliciting their comments and views.

(j)

It was thereafter revised thoroughly.

(k)

The bill so revised remained pigeon-holed for many years.

(l)

It was ultimately passed and placed on the statute book on the 6th October 1860.

3.Date of commencement of the Indian Penal Code

The IPC was brought into force on the first day of January 1862. Hence, its date of
commencement is 1.1.1862.
It has, therefore, been in force for more than 128 years.
4.

I.P.C. its nature

(i)

It is a codifying statute.

(ii)

It contains the general law of crimes in India.

(iii)

It is a substantive law. The Code of Criminal Procedure is an adjective law.

(iv)

It is exhaustive in respect of the matters covered by it. It is a complete Code.

(v)

It lays down the general principles of criminal liability.

(vi)

It also provides for general exceptions to criminal liability.

(vii)

It defines specific offences and prescribes punishments therefor.

5.

Scheme of the Code

(a)

The Code is broadly divided into twenty-three Chapters.

(b)

To be more precise, the Code at present contains 26 Chapters, because three Chapters,
namely, VA, IXA and XXA have been added subsequently.

(c)

Each Chapter is again sub-divided into several Sections.

(d)

Each Section has been given a numeral figure for distinguishing it from the others.

(e)

The last Section of the IPC bears the number 511.

(f)

That, however, does not imply that the IPC has 511 Sections.

(g)

Many Sections have been added and several Sections have been omitted.

6.

Arrangement :

(a)

There are two broad divisions of the Code, they are :

(i)
(ii)

General Principles and

Specific offences.

(b)

Specific offences may be roughly categorised under two heads, namely (i) offences
against the State and the public and (ii) Offences against the person and the property.

(c)

The general principles are embodied in Chapters I, II, III, IV, V, VA and XXIII as
detailed below :
Chapter I - Title and extent of operation of the Code.
Chapter II - Definition of certain terms.
Chapter III- Punishments. (General)
Chapter IV - General Exceptions
Chapter V- Abatement of offences
Chapter VA - Criminal conspiracy
Chapter XXIII - Criminal Attempts

(d)

Specific offences
Chapter VI to - Offences against the State and the public
Chapter XV
Chapter XVI - Offences affecting human body.
Chapter XVII- Offences against the properties
(Corporeal and Incorporeal)
Chapter XIX - Miscellaneous offences to Chap. XXII

7.

Jurisdiction

(a)

IPC has two kinds of jurisdiction, namely,

(i) Intra-territorial (Sec.2).
(ii) Extra-territorial (Sec.3 and 4).

(b)

If any offence under the IPC is committed by a person within the territory of India,
whether Indian or foreigner, he is liable to be prosecuted and punished by the court in
India having jurisdiction.

(c)

If an Indian commits an act of commission or omission outside India, which is an

offence under the IPC, he may still be prosecuted and punished under the IPC by a
competent Indian Court, even though the act may not constitute an offence under the
law of that land.

(d)

If any offence under the IPC is committed on any ship or aircraft, registered in India,
the person committing it shall be liable to be dealt with under the IPC by a competent
Indian Court, even though the ship or aircraft, at the time of commission of such
offence has remained outside India.

Note : (i
(ii)

In this context, reference may be made to Sec.188 of the Criminal Procedure

Code.
A person cannot however, be prosecuted and punished twice for the same
offence, one under the IPC and the other under the Foreign Law.

KIDNAPPING AND ABDUCTION

1. Law on the subject - where to be found?
In Chapter XVI of the Indian Penal Code - this deals with offences affecting human
development.
2. Relevant Sections
(a)
(b)

Section 359 to Section 369 IPC.

Additions - 363-A, 364-A, 366-A and 366-B IPC.

3. Broad Structure
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)

Section 359 - two kinds of kidnapping, namely

(a)
Kidnapping from India
(b)
Kidnapping from lawful guardianship
Section 360 - Kidnapping from India - Definition
Section 361- Kidnapping from lawful guardianship - Definition
Section 362 - Abduction - Definition
Section 363 - Punishment for Kidnapping
Section 363-A-Kidnapping or maiming for begging - penal.
Section 364-A - Kidnapping or abducting in order to murder-penal.
Section 364-A - Kidnapping or abducting for ransom etc. - penal (Most
aggravated form).
Section 365 - Kidnapping or abducting with intent to confine persons
wrongfully and secretly - penal.
Section 366 - Kidnapping or abducting woman to compel her marriage or to
cause her defilement - penal.
Section 367 - Kidnapping or abducting in order to subject person to grievous
hurt, slavery etc. - penal.
Section 368 - Wrongfully concealing or keeping in confinement a Kidnapped
or abducted person - punishment same as prescribed for kidnapping or
abduction.
Section 369 - Kidnapping or abducting child under ten years with intent to
steal from her person - penal.

4. Kidnapping from India

(a)
(b)
(c)

(d)

Definition
Section 360 IPC
Penal
Section 363 IPC
Ingredients (i)
To Convey any person
(ii)
Beyond the limits of India
(iii)
Without the consent of that person or his/her guardian
Explanatory notes
(i)
To convey is to carry from one place to another.
(ii)
It should be from a place inside India to a place outside India.

(iii)
(iv)
(e)

Guardian here means any person legally competent to given consent on

behalf of a minor or insane.
For Consent, please read Section 90 IPC. Consent given under
misrepresentation of fact is no consent.

Example
A took "W" a woman, from India to Ceylon, on the representation that she
would be married to his son "S". After arrival in Ceylon, the promised
marriage was not solemnised. On the contrary, "W" was employed in a Tea
Estate there. A committed as offence as defined u/s 360 IPC.

5. Kidnapping from Lawful Guardianship

(a)
(b)

(c)

Definition
Section 361 IPC
Penal
(i)
Ordinary form (Sec. 363 IPC)
(ii)
Aggravated forms - Sec. 363-A, 364, 364-A, 365,
367 and 369 IPC
(iii
Punishment for wrongfully concealing or confining kidnapped
person 368 IPC
Ingredients of the offence of kidnapping from lawful guardianship.
(i)

(ii)
(iii)

(d)

Taking or enticing away

(a) a minor if male, under 16
if female, under 18
or
(b) a person of unsound mind
Out of the keeping of the lawful guardianship
Without the Consent of the guardian

Explanatory Notes (i)

(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)

Kidnapping literally means "child - stealing"

To take is to cause to go, to escort or to get into possession
Taking need not be by force
The two expressions "Taking" and "allowing a minor to
accompany" are not identical.
To entice is to allure by exciting hope or desire
Enticing may also be a mode of taking
In taking, the mental attitude of the minor is immaterial.
In enticement, the minor is induced to do a thing.
In kidnapping, intent of the offender is irrelevant
It is not necessary that the Minor must be in the physical
possession of the guardian. It is enough if the minor is under
the control of the guardian.

(xi)
(xii)
6.

Abduction - Ingredients
(i)
(ii)

7.

Section 362 defines "Abduction" but does not create an offence.

Abduction per se (by itself, taken alone) is not an offence.
Abduction is an offence only when it is accompanied by one of the intentions
mentioned in the subsequent Sections such as 364, 365 and 366.

Distinction between Kidnapping from lawful guardianship and abduction - in a

tabular form
KIDNAPPING
ABDUCTION
(i)
May be Committed against minor - Person of any age
Under 16, if male
Under 18, if female
(ii)

Insane, any age

Consent of the Victim immaterial

Consent Condones

(iii)

Intent of the Kidnapper irrelevant

Intent material

(iv)

Not a continuing offence

A continuing offence

(v)

Substantive offence

Auxiliary act
An abduction per se is not an offence
It is punishable when accompanied by
any of the specified intents.
Guardianship essential and hence, Person abducted need not be in
an orphan can not be kidnapped
keeping of the guardian
Means not material
Force or deceit essential

(vi)
(vii)
9.

Compelling by force
Or
Inducing by deceitful means
a person to go from any place

Explanatory Notes
(a)
(b)
(c)

8.

Violation of the possession of the guardian is the essence of the

offence.
It is intended to protect the minors and insanes.

Section 364-A IPC - Creation of a new offence

(i)
(ii)
(iii)
(iv)

This new section (364-A IPC) was inserted by the Criminal Law
(Amendment) Act, 1993-Act 42 of 1993.
It received the assent of the President on 22nd May, 1993 and was published in
the Gazette of India, Extraordinary, dated the 22nd May, 1993.
This offence is punishable with death or imprisonment for life and also with
fine.
The ingredients of the offence:(It is directed against)

(a)
(b)

Whoever Kidnaps or abducts any person keeps a person in detention

after such kidnapping or abduction
And,
Threatens to cause death or hurt to such person or give rise, by his
conduct, a reasonable apprehension that such person may be put to death or
hurt. or causes hurt or death to such person
IN ORDER TO
(c)

(v)
(vi)

Compel the Government or any other person to do or to abstain from

doing any act or to pay a ransom

shall be punishable with death or imprisonment for life and shall also
be liable to fine.
The offence is recognizable, non-bailable and triable by a Court of Sessions.
This offence has been created in order to meet the felt necessity of the time
and with a view to dealing effectively with increasing spree of Kidnapping and
abduction committed by terrorists, sessionists, and criminals, to further their
selfish ends and to cause alarm and panic.