1

INDIAN PENAL CODE

– SPECIFIC OFFENCES

CLASSES OF OFFENCES

• Offences against State – 121 to 130– Waging war and sedition

• Offences relating to Army, Navy and Air Force – 131 to 140

• Offences against public tranquility – 141 to 160– Unlawful assembly, rioting

• Offences by or relating to public servant – 166 to 171

2

CLASSES OF OFFENCES

• Offences relating to Elections – 171 A to 171 I• Contempt of lawful authority of public

servants – 172 to 190– Obstructing public servant in discharge of his

duty, refusing to take oath, to answer questions or sign statements etc.

• False evidence and offences against public justice – 191 to 229– Giving or fabricating false evidence, destroying

evidence, harboring offenders etc.

3

CLASSES OF OFFENCES

• Offences relating to coins and Government stamps – 230 to 263-A

• Offences relating to weights and measures – 264 to 267

• Offences affecting public health, safety, convenience, decency and morals – 268 to 294-A– Various forms of Public nuisance

4

CLASSES OF OFFENCES

• Offences relating to religion – 295 to 298

• Offences affecting human body – 299 to 377– Culpable homicide, murder, dowry death,

hurt and grievous hurt, kidnapping and abduction, rape

5

CLASSES OF OFFENCES

• Offences against property – 378 to 462 Theft, extortion, robbery, dacoity, criminal

misappropriation, criminal breach of trust, cheating, mischief and trespass

• Offences relating to documents and property marks – 463 to 489-E

Forgery

• Criminal breach of contract of service – 490 to 492

6

CLASSES OF OFFENCES

• Offences relating to marriage – 493 to 498– Adultery, bigamy

• Cruelty by husband or relatives of husband – 498-A

• Defamation – 499 to 502

• Criminal intimidation, insult and annoyance – 503 to 510

7

8

SOME IMPORTANT SPECIFIC OFFENCES

ANY OFFENCE COMMITTED? IF SO, NAME IT

• On 13-12-2001, an unsuccessful attempt was made by five militants to storm and possibly blow up the Parliament House when the Parliament was in session. They were killed by the security personnel.

• A, B, C and D procured arms and ammunition, a motor vehicle and chemicals for manufacture of explosives used by the terrorists in the attack.

9

ANY OFFENCE COMMITTED? IF SO, NAME IT

• A makes a public speech in a village in Bihar. The content is as follows:

• “The people of India drove out the Britishers and elected these goondas to the gaddi…… When we drove out the Britishers, we will strike and turn out these goondas as well…… Our party does not believe in the doctrine of vote. We believe in revolution which will come, in the flames of which they will be reduced to ashes. On their ashes will be established the government of poor and downtrodden people of India.”

10

ANY OFFENCE COMMITTED? IF SO, NAME IT

• A, a villager was arrested by a police officer and detained in the police station. Friends and relatives of A numbering more than 10 people attacked the police station with bricks and sticks in order to rescue A from police custody.

11

12

WAGING WAR

• Rebellion or insurrection or uprising with an intention to strike at the authority of Government of India

• Conspiracy, abetment, attempt and preparation to wage war and concealment of the design to wage war punishable under the Indian Penal Code.

13

SEDITION

• By words spoken or written

• Spreading or attempting to spread hatred, contempt or disaffection

• Towards Government established by law

14

RIOTING

• Force or Violence

• Used by an unlawful assembly

• To achieve the common object of such assembly

Every member of the assembly liable for rioting

15

UNLAWFUL ASSEMBLY• An assembly of 5 or more persons• With the object of

– committing an offence,– resisting the execution of any law or legal

process or – using criminal force to

• overawe public authorities • take possession of any property • deprive any person of the enjoyment of any

incorporeal right or • compel him to do an unlawful act or omit doing

a legal duty

16

• A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day not knowing anything about the subject

ANY OFFENCE COMMITTED? IF SO, NAME IT

17

• A, puts jewels into a bag belonging to Z with the intention that they may be found in the bag and this may cause Z to be convicted of theft.

ANY OFFENCE COMMITTED? IF SO, NAME IT

18

GIVING FALSE EVIDENCE

• When a person, – bound by an oath or by a provision of law

to state truth or – bound by law to make a declaration upon a

subject

• Makes a false statement knowingly

19

FABRICATING FALSE EVIDENCE

• Causing any circumstance to exist or • Making any false entry in any book or record or • Making any document or electronic record

containing false statement• With an intention of

– using it in a judicial or legal proceedings or before an arbitrator and

– to cause the presiding officer of such proceeding to form an erroneous opinion on a material point in the case

20

OFFENCES AFFECTING

HUMAN BODY

21

HOMICIDE

• Killing of a human being by another human being

LAWFUL HOMICIDE

• When the death is caused by a person under circumstances which are excusable or justifiable

22

UNLAWFUL HOMICIDE

• Unlawful homicide may be – Murder– Culpable homicide not amounting to

murder– Homicide by negligence

• A, without any cause fires into the crowd and causes the death of one of them.

• A hits B with a hockey stick on the head which results in the death of B.

• A, a gatekeeper at a level crossing on a railways, opened the gate to let a cart pass and went away to have lunch forgetting to close the gate. The driver of another cart crossing the railway line later was killed by a passing train.

23

24

CULPABLE HOMICIDE NOT AMOUNTING TO MURDER

(S.299)• Death caused by doing an act

– With an intention of causing bodily injury which is likely to cause death

– With the knowledge that the act is likely to cause death

25

MURDER (S.300)

• Death caused by doing an act– With an intention of causing death– With an intention of causing bodily injury

which is sufficient in the ordinary course of nature to cause death

– With the knowledge that it is dangerous and the most probable result of it would be death

26

CULPABLE HOMICIDE NOT AMOUNTING TO MURDER

• Even where the death is caused with such Mens rea as provided under Section 300, it would be Culpable homicide not amounting to murder if death is caused

• Under grave & sudden provocation or• By exceeding the right of private defence or • By a public servant who exceeds the power given to

him while discharging his duties or• During a sudden fight or • On the consent of the victim

– (Exceptions to S.300)

27

HOMICIDE BY NEGLIGENCE (S.304A)

• Death is caused by a rash and negligent act and

• Such act does not amount to culpable homicide

28

29