IPC: Introduction and History | Criminal Law - CLAT PG PDF Download

History of the Indian Penal Code

Drafting and Adoption

• The first draft of the Indian Penal Code was created by the First Law Commission, led by Thomas Babington Macaulay. This draft aimed to codify laws similar to those in England, while also incorporating aspects from the Napoleonic Code and the Louisiana Civil Code of 1825.
• The initial draft was submitted to the Governor-General in council in 1837, but it took another twenty years for further revisions and amendments to be made. The drafting was completed in 1850 and presented to the Legislative Council in 1856. However, its implementation was delayed due to the Indian Revolt of 1857.
• The code finally came into effect on January 1, 1860, after numerous revisions by Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court.

Pre-British Penal Law in India

• Before British rule, most of the penal law in India was based on Muhammedan law. Initially, the East India Company did not interfere with the existing criminal law.
• In 1772, under Warren Hastings, the Company began to modify Muhammedan law, but it wasn't until 1862, with the establishment of the Indian Penal Code, that significant changes were made. Until then, Muhammedan law remained the foundation of criminal law in India, except in the presidency towns.

Structure of the Indian Penal Code

• The IPC defines specific crimes and their punishments, divided into 23 chapters and comprising 511 sections.

Indian Penal Code, 1860 (Sections 1 to 511)

Chapter I

• Sections 1 to 5
• Introduction

Chapter II

• Sections 6 to 52
• General Explanations

Chapter III

• Sections 53 to 75
• Of Punishments

Chapter IV

• Sections 76 to 106
• General Exceptions of the Right of Private Defence (Sections 96 to 106)

Chapter V

• Sections 107 to 120
• Of Abetment

Chapter VA

• Sections 120A to 120B
• Criminal Conspiracy

Chapter VI

• Sections 121 to 130
• Of offences against the state

Chapter VII

• Sections 131 to 140
• Of Offences relating to the Army, Navy, and Air Force

Chapter VIII

• Sections 141 to 160
• Of Offences against the Public Tranquility

Chapter IX

• Sections 161 to 171
• Of Offences by or relating to Public Servants

Chapter IXA

• Sections 171A to 171I
• Of Offences Relating to Elections

Chapter X

• Sections 172 to 190
• Of Contempts of Lawful; Authority of Public Servants

Chapter XI

• Sections 191 to 229
• Of False Evidence and Offence against Public Justice

Chapter XII

• Sections 230 to 263
• Of Offences relating to coin and Government Stamps

Chapter XIII

• Sections 264 to 267
• Of Offences relating to Weight and Measures

Chapter XIV

• Sections 268 to 294
• Of offences affecting the Public Health, Safety, Convenience, Decency and Morals

Chapter XV

• Sections 295 to 298
• Of Offences relating to religion

Chapter XVI

• Sections 299 to 377
• Of Offences affecting the Human Body.
• Of Offences Affecting Life including murder, culpable homicide (Sections 299 to 311)
• Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births (Sections 312 to 318)
• Of Hurt (Sections 319 to 338)
• Of Wrongful Restraint and Wrongful Confinement (Sections 339 to 348)
• Of Criminal Force and Assault (Sections 349 to 358)
• Of Kidnapping, Abduction, Slavery and Forced Labour (Sections 359 to 374)
• Sexual Offences including rape and Sodomy (Sections 375 to 377)

Chapter XVII

• Sections 378 to 462
• Of Offences Against Property
• Of Theft (Sections 378 to 382)
• Of Extortion (Sections 383 to 389)
• Of Robbery and Dacoity (Sections 390 to 402)
• Of Criminal Misappropriation of Property (Sections 403 to 404)
• Of Criminal Breach of Trust (Sections 405 to 409)
• Of the Receiving of Stolen Property (Sections 410 to 414)
• Of Cheating (Section 415 to 420)
• Of Fraudulent Deeds and Disposition of Property (Sections 421 to 424)
• Of Mischief (Sections 425 to 440)
• Of Criminal Trespass (Sections 441 to 462)

Chapter XVIII

• Section 463 to 489 – E
• Offences relating to Documents and Property Marks
• Offences relating to Documents (Section 463 to 477-A)
• Offences relating to Property and Other Marks (Sections 478 to 489)
• Offences relating to Currency Notes and Bank Notes (Sections 489A to 489E)

Chapter XIX

• Sections 490 to 492
• Of the Criminal Breach of Contracts of Service

Chapter XX

• Sections 493 to 498
• Of Offences Relating to Marriage

Chapter XXA

• Sections 498A
• Of Cruelty by Husband or Relatives of Husband

Chapter XXI

• Sections 499 to 502
• Of Defamation

Chapter XXII

• Sections 503 to 510
• Of Criminal intimidation, Insult and Annoyance

Chapter XXIII

• Section 511
• Of Attempts to Commit Offences

Crimes Against the Human Body

These offences are provided for in Chapter XVI of the Code spanning from Section 299, which deals with culpable homicide to Section 377, which deals with unnatural offences.

The chapter deals with all kinds of offences which can be committed against the human body, from the very lowest degree i.e. simple hurt or assault to the gravest ones which include murder, kidnapping and rape.

Crimes against Property

These crimes are defined and punished under Chapter XVII and range from Section 378 which defines theft, to Section 462 which prescribes punishment for the offence of breaking upon an entrusted property. The offences that are dealt with under this chapter include, among others, theft, extortion, robbery, dacoity, cheating and forgery.

Crimes Against Public Tranquility

Definitions and punishments for crimes against public tranquility are outlined in Chapter VIII of the Indian Penal Code, covering Sections 141 to 160. This chapter addresses acts that disturb and disrupt public order and peace.

Key Offenses Included:

• Being a member of an unlawful assembly.
• Rioting.
• Affray.

Offences Against the State

Chapter VI of the Indian Penal Code (Sections 121 to 130) addresses offences against the state and includes some of the most stringent penal provisions in the entire code.

Waging War Against the State (Section 121)

• Section 121 deals with the offence of waging war against the state, which is considered a serious crime.

Sedition (Section 124A)

• Section 124A defines the offence of sedition, which has been widely debated, criticized, and misused.
• The British colonial authorities used this law to prosecute many freedom fighters during the struggle for independence.
• After independence, sedition has been used to silence critics of the government, and this practice continues today.
• Due to its controversial history and misuse, many experts advocate for the repeal of Section 124A.

General Exceptions

Sections 76-106 (Chapter IV) of the Indian Penal Code outline general exceptions, which are specific situations where a person can avoid criminal liability. These exceptions include concepts like Insanity, Necessity, Consent, and actions of children below a certain age. One well-known example within this context is the Right of Private Defence, covered in Sections 96-106.

Debated Provisions of the IPC

The IPC has been largely successful in prosecuting and punishing individuals for crimes defined within its framework. However, certain provisions, such as Sedition, have faced scrutiny over time. Some of these contentious provisions include:

Unnatural Offences - Section 377

• Section 377 of the IPC criminalized consensual sexual acts between adults of the same sex.
• Over time, there were calls for decriminalizing this provision, which targeted homosexuality.
• In the landmark case of Navtej Johar, the Supreme Court decriminalized consensual same-sex acts under Section 377.

Attempt to Commit Suicide - Section 309

• Section 309 prescribed a punishment of up to one year for attempting suicide.
• The Law Commission has long recommended decriminalizing suicide attempts by repealing Section 309.
• The Mental Healthcare Act, 2017 reduced the use of Section 309 by presuming severe stress for individuals who attempt suicide.
• Despite this, reports of Section 309 being used continue across the country, indicating a need for police awareness on the issue.

Adultery - Section 497

• Section 497 of the IPC criminalized adultery and prescribed punishment for it.
• This provision was criticized for treating a woman as her husband's property and imposing moral standards on married couples.
• In September 2018, the Supreme Court struck down Section 497 during the case of Joseph Shine v. Union of India.

Review of the Indian Penal Code Post-Independence

Effectiveness of the IPC

• The Indian Penal Code (IPC) has thrived for over 160 years, demonstrating its effectiveness as a robust penal code.
• However, some provisions, like sedition, still reflect colonial influences.

Need for Reform

• The Malimath Committee report has called for criminal justice reforms, offering a chance to update the IPC.
• Despite the report being submitted 17 years ago, no significant actions have been taken to revise the Code.
• It is crucial for the legislature to modernize the IPC, aligning it with contemporary values rather than colonial-era principles.
• The Supreme Court should not have to intervene to strike down outdated laws; this responsibility lies with the legislature.

Amendments and Revisions

• Although the IPC has been amended more than 75 times, a thorough revision has not occurred since the 42nd Law Commission report in 1971 recommended it.
• Amendment bills in 1971 and 1978 were not passed due to the dissolution of the Lok Sabha.
• Many amendments have been ad hoc and reactive, lacking comprehensive planning.

Colonial Legacy

• The IPC is seen as reflecting a “Master and Servant” dynamic, with some provisions outdated in modern India.
• Specific sections require reform and review, including:

Sedition Law

• Re-examine the sedition law introduced in 1898.

Blasphemy Offence

• Repeal Section 295A, which addresses blasphemy and was added in 1927, as it is incompatible with a liberal democracy.

Criminal Conspiracy

• The offence of criminal conspiracy, made a substantive offence in 1913, is problematic because it was introduced by colonial authorities to combat political conspiracies.

Unlawful Assembly

• Section 149, concerning unlawful assembly, imposes constructive liability to an excessive degree.

Sexual Offences

• Provisions related to sexual offences in the IPC reflect patriarchal values and outdated Victorian morality.
• The crime of adultery, for example, grants the husband sole rights over his wife’s sexuality but does not offer similar rights over the husband’s sexuality.