Important Sections of IPC

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Section 1 – Title and extent of operation of the Code.
Section 2 – Punishment of offences committed within India.
Section 3 – Punishment of offences committed beyond but which by law may be tried within India.
Section 4 – Extension of Code to extra-territorial offences.
Section 8 – Gender.
Section 11 – Person.KEEP READING

Rape in the Indian Penal Code

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India is a developing country, but still, rape is a persisting problem at present. Rape is a mark of disgrace that has existed in India for a long time.

According to data from the National Crime Records Bureau (NCRB), a total of 32,559 incidents of rape were reported during 2017, which rose to 33,356 cases in the year 2018. Also, 91 rapes were reported every single day across the country in 2018. These are just the cases that are registered.KEEP READING

Offence Related to False Evidence

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Firstly, let us understand what evidence is. Any material facts or signs that the court requires to prove something true or verify the truth of any alleged matter can be termed as evidence.

The following article talks about provisions related to false evidence as per Chapter XI of the Indian Penal Code. False evidence as an offence is contained under sections 191 to 198 of IPC. Let us understand these sections in detail.KEEP READING

Difference Between Culpable Homicide and Murder

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Section 299 of the Indian Penal code talks about culpable homicide and section 300 of IPC deals with murder.

There is a faint line difference between both of them. This frequently causes problem to advocates, legal practitioners that where to lie the case, if not minutely understood this difference.

Culpable homicide is a genus and murder its species. “All murders are culpable homicide, but all culpable homicides are not murder.”KEEP READING

Criminal Conspiracy under Indian Penal Code

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When two or more persons agree, either expressly or impliedly, to do an illegal act or any legal act with illegal means, this comes under the act of criminal conspiracy.

Criminal conspiracy is contained under Chapter VA, section 120A and section 120B of the Indian Penal Code, 1860. Section 120A talks about the definition of criminal conspiracy, and section 120B talks about the punishment for criminal conspiracy. In this IPC law note, let us learn more in easy to understand words.KEEP READING

Malicious Charge of Offence under Section 211 IPC

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As society is developing at a swift pace, the demand for stricter laws is rising. Laws are made for the safety of society. Still, some anti-social people involve in wasting the time of courts by making false allegations, harassing the innocents by filing false litigations, etc.

Now there is a trend to register false and fabricated FIRs for taking revenge and generating mental fear in the mind of the innocent. The police are bound to register the FIR in all cognizable cases and follow further procedures.KEEP READING

Consent as a General Exception

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Consent means “to agree upon the same thing in the same sense.” It is said to be given when a person agrees upon a thing being done with his own will and not because of any fear, force or misconception. The element of consent excuses offences against the human body and property.

Sections 87 to section 89 of the Indian Penal Code lays down that if certain acts are committed with the victim’s consent, they will not be considered an offence, and the offender will not be held liable for the same.KEEP READING

Intoxication as a General Exception under IPC - Section 85 and 86

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A state of a person by which both his physical and mental condition is weakened due to intake of alcohol or any other intoxicating substance is known as intoxication. In cases where a person is incapable of knowing the nature of the act or what he is doing is wrong or opposed to the law due to intoxication, it will not be considered as an offence.

Intoxication as a general defence/exception can be better understood from section 85 and 86 of the Indian Penal Code, 1860.KEEP READING

Accident as a General Exception - Section 80 IPC

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An accident is a sudden unintended act or an act by chance without any apparent cause. It is considered a defence under criminal law. The principle revolves around the theory that when a person does not have mens rea, which is an essential element of a crime, he can’t be held liable for such an act.

Section 105 of the Indian Evidence Act, 1872 says that if a person alleges that his act was an accident and not a crime with the intention, then the burden of proof lies upon him to establish that his case falls under a general exception, namely accident as per section 80 of the Indian Penal Code.KEEP READING