Indian Penal Code - Specific Offences

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INDIAN PENAL
CODE
– SPECIFIC OFFENCES
1
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
SOME IMPORTANT
SPECIFIC OFFENCES
8
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
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.
12
SEDITION
• By words spoken or written
• Spreading or attempting to spread
hatred, contempt or disaffection
• Towards Government established by
law
13
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
14
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
15
a legal duty
ANY OFFENCE COMMITTED?
IF SO, NAME IT
• 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
16
ANY OFFENCE COMMITTED?
IF SO, NAME IT
• 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.
17
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
18
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
19
OFFENCES
AFFECTING
HUMAN BODY
20
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
21
UNLAWFUL HOMICIDE
• Unlawful homicide may be
– Murder
– Culpable homicide not amounting to
murder
– Homicide by negligence
22
• 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
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
24
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
25
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)
26
HOMICIDE BY NEGLIGENCE
(S.304A)
• Death is caused by a rash and negligent
act and
• Such act does not amount to culpable
homicide
27
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