INDIAN PENAL CODE, 1860:
IPC, 1860 came into force on 6th October 1860. IPC is drafted by Lord Macaulay.
Jurisdiction and its Kinds: Jurisdiction: Under IPC the term Jurisdiction means the power of a criminal court to try a person for an offence. Under IPC we have 03 kinds Jurisdiction They are: 1) Personal 2) Extra Territorial 3) Admiralty.
| Personal Jurisdiction(S.2 IPC) | ExtraTerritorial Jurisdiction: | Admiralty Jurisdiction |
| S.2 IPC: Every person shall be liable to be punished for every offence committed within India. However based on public policy consideration few persons are exempted from personal jurisdiction: President, Governors, judges, Ambassadors etc., | S.3 IPC: An Indian citizen if committed offence outside India he is deemed to have committed an offence in India, even if he has committed the offence outside the limits of Indian Territory.It is irrelevant whether the same is offence in that foreign territory. | S.4: High seas or certain other places are no man’s territory. The jurisdiction to try offences committed on those places or high seas is known as Admiralty Jurisdiction. The ship sailing on the high seas is considered to be a floating in the land of that nation whose national flag it is flying. So, if the offence is committed on the high seas, if the ship is flying with Indian National Flag, he will be tried in India under admiralty Jurisdiction.Any person in any place without and beyond India committing offense targeting a computer resource located in India. |
The Expression computer resource shall have same meaning assigned to it in s.2(1)(k) of Information Technology Act,2000
| Which court has jurisdiction in case of an offense committed outside India? | The court in whose jurisdiction accused is found. In order to prosecute such person previous sanction of the Central Government is required. |
| An offender is found in his jurisdiction by a magistrate. But he can’t try him. In such case what magistrate can do? | As per S.187 the magistrate may inquire into the offence as it had been committed within such local jurisdiction and compel such person to appear before him. Magistrate shall send such person to the magistrate having jurisdiction to inquire into or try such offence.If such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail the same can be granted.If there are more Magistrates than one having such jurisdiction and the Magistrate is not clear to whom it must be sent, the case shall be reported to the High court for its orders. |
Mensrea under IPC and other laws: The four essentials to constitute offence are:
i) A Human Being ii) Guilty intention (iii) Actus reus, illegal act or omission and (iv) injury to another human being.
Actus non facit reum nisi mens sit rea’.The meaning of the term is that intent and act must both concur to constitute the crime. Physical element and mental elements are the two tests of criminality. No act of the person was punishable unless the same is done with evil intent. Though the word mensrea is not expressly mentioned anywhere in the IPC, it is implied through various words. They are fraudulently, dishonestly, voluntarily, rashly, negligently, intentionally and knowingly.
Which stage of an offense is punishable under IPC?
Ans: For every crime there are four stages.
They are: 1) Intention 2) Preparation 3) Attempt 4) Actual commission.
Stage- I: Intention: This Stage alone is not punishable.
Stage-II: Preparation: This stage is punishable only in three circumstances.
The 03 offences provide punishments for the preparation are:
1) Preparation to wage war against the Government of India (s.122)
2) Preparations to commit depredations on territories which are in alliance with the government of India (s.126)
3) Preparation to commit Dacoity (s.399).
Stage-III: Attempt: The third stage or attempt is always punishable. The offences dealing with attempt are divided into three groups:
i) Offences in which the commission & attempt to commit an offence are dealt with in the same section. Ex: Waging war (s.121), Sedition (s124-A) Dacoity (s.391) etc.
ii) Offences in which separate specific punishments are prescribed.
Ex: Attempt to commit murder (s.307) Attempt to commit culpable homicide(s.308).
Attempt to commit to suicide (s.309)
iii) All attempts which are not coming under the above two classes are made punishable as per section 511.
Important Explanations but not defined under IPC:
Fear: an Unpleasant emotion caused by the threat of danger or pain.
Insult: Abuse in words or action. Annoy: Make slight angry.
Intimidate: Frighten into doing something. Harm: Deliberate Injury.
Reputation: The opinion generally held about someone or something.
Modesty: Not showing off the body. Motive: A person’s reason for doing something.
Deception: The act of deceiving.
Deceive: Cause to believe something false or giving misleading impression.
Important Explanations – defined under IPC:
Hurt: Causing bodily pain, disease or infirmity to any person is said to cause hurt (S.319).
Injury: Any harm whatever caused illegally to any person in body, mind reputation or property (S.44). Intention: The operation of motive into reality.
Knowledge: Possession information about anything.
Voluntarily: Intentionally or knowingly (S.39)
Dishonestly: Causing wrongful loss or gain (S.24)
Fraudulently: Deception + Injury (S.25).
Negligently: Not taking proper care and caution or precaution required by law.
Rashly: Doing an Act over hastily.
Good Faith: An act done with due care and caution (S.52).
Reason to believe: Sufficient cause to believe (S.26).
S.6: Every offence Under IPC must be read along exceptions mentioned under Chapter IV of IPC. It talks about general exceptions. Thus whenever we study an offence, if offence is committed under the conditions or situations mentioned under this chapter, such accused is exempted from criminal liability. This rule applies not only every offence but also to every penal provision and every illustration.
S: 10: (i) Man: the word “man” denotes a male human being of any age.
(ii) Woman: The word “woman” denotes a female human being of any age.
S: 11: Person: The word “person” includes any company or association or body of persons, whether incorporated or not.
S: 14: Servant of Government: Any officer or servant continued, appointed or employed in India by or under the authority of Government.
S: 17: Government: Central Government or the Government of a state.
S: 18: India: India means the territory of India excluding the State of Jammu & Kashmir.
S: 19: Judge: The following any one can be called as Judge:
Any person who is officially designated as a judge or
Any person, who is empowered by law to give, in any legal proceeding , civil or criminal,
a definitive judgement or If such judgement which, if not appealed against, would be definitive or a judgement which, if confirmed by some other authority, would be definitive.
Ex: A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal is a judge.
A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court is not a judge.
S: 20: “Court of Justice”: A judge or body of Judges who is empowered by law to act judicially alone.
S: 21: Public servant: The term public servant is defined in section 21. The following are public servants:- 1. Commissioned Officers in Military, Naval or Air force, Every Judge. 2. Officer of a Court of justice. 3. Arbitrator. 4. People empowered to place or keep any person in confinement. 5. Peace officers. 6. Miscellaneous Officers of Govt. 7. Officers of local bodies. 8. Persons connected with elections. 9. Persons in the service or pay of the Govt or local authority or corporation or govt companies
S.22: Moveable Property: The words moveable property is intended to include corporeal property of every description, except land &things attached to the earth or permanently fastened to anything which is attached to the earth.
S: 29: Document: The substance used for expressing or describing anything by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
S: 30: Valuable security: A document, in which any legal right is created, extended, transferred, restricted, extinguished or released or whereby any person acknowledges that he lies under legal disability or has not a certain legal right.
S: 31: “A Will”: The words ‘a will’ denote any testamentary document.
Joint liability or constructive liability: This is discussed in S.34 to 38 IPC. In order to fix criminal liability of person connected with an offence, law basing on their physical or mental act or omission certain principles explained under these sections. Under IPC the term Act includes illegal omission also.
S.34 says: All persons are criminally liable even if the offence is committed by any one of them provided there is a prior meeting of mind. Thus, physical presence of all accused is not necessary to fix up criminal liability on all. Barender Kumar Gosh v. King Emperor
S.35 fix criminal liability on all persons equally though there can be no prior meeting of minds. However, it is necessary that all persons must present at the time of offence and does their act with same or similar criminal knowledge or intention.
S: 36: If certain effect is caused by an act or by omission, is an offence. It is also an offence if the effect is caused partly by act or partly by omission.
S.38 says if there is no such same or similar intention or knowledge each of the offender can be prosecuted to the extent of their criminal liability.
S.37 says if the offence is occurred due to co-operation and they also participated in the commission of the offence both are equally liable for the offence.
S: 40: Offence: denotes a thing punishable by this code.
S: 41: Special law: A special law is a law applicable to particular subject.
S: 42: Local Law: A local law is a law applicable only to a particular part of India.
S: 43: Illegal: 1) Offence or 2) An act or omission which is prohibited by law or 3) Anything which furnishes ground for civil action. The term “legally bound to do” includes illegal on part of the person to omit.
S: 44: Injury: The word injury denotes any harm whatever illegally caused to any person in body, mind, reputation or property.
S: 45: Life: The word life denotes the life of a human being, unless the contrary appears from the context.
S.46: Death: Death denotes death of a human being.
S: 47: Animal: The word ‘animal’ denotes any living creature other than a human being.
S: 48: Vessel: The word vessel denotes anything made for the conveyance by water of human beings or of property.
S: 49: “Year “Month”: whenever the word “year” or the word “month” is used, it is to be understood that the year or the month is to be reckoned according to the British Calendar.
S: 51:Oath: Any solemn affirmation made before a public servant to be used for the purpose of proof, whether in a court of justice or not.
S: 52A Harbour: Except in S.157 & in S 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.
Write a note of General Exceptions?
| Name of the Defense | Mode of Commission |
| Mistake of fact: S.76 & 79. | Erroneous belief about a fact. |
| Judicial Acts: S.77 to 78 | Offence committed by a judge when acting judicially in the exercise of any power which he is, or which in good faith he believes to be given to him by law is excused. This benefit applies to persons who act under the court judgment or order of a court. |
| Accident: S.80 | Unintentional or unexpected Act but without any criminal intention or knowledge |
| Necessity: S.81 | Act is done voluntarily but in good faith and without any criminal intention to cause harm but for the purpose of preventing a greater evil. |
| Infancy: S.82 &83 (Doli Incapx) | Person of below seven years. Person above seven years and below 12 years and if he doesn’t have sufficient maturity of understanding. |
| Unsoundness of mind:84 | At the time of committing offense due to unsoundness of mind, person is incapable of knowing the nature of act, which he is doing is either wrong or contrary to law |
| Intoxication: S.85&86 | Involuntarily Intoxicated and thereby lost the capacity of knowing the nature of the act which he is doing is either wrong or against the law. |
| Compulsion:S.94 | If harm is caused under compulsion i.e, due to threats. However threat should be such it reasonably cause the apprehension that instant death would be the consequence. It must be noted that harm shall not extend to causing Murder or an offence punishable with death. |
| Trifling Acts: S.95 | If harm caused is so slight that no person of ordinary sense & temper would complain of such harm even though it is caused voluntarily. |
| Goodfaith Communication S.93 | If harm is caused due to communication but in good faith and for the benefit of that person. |
Write a note of Law of consent as ground for exemption from Criminal Liability?
| When Consent is IllegalIt is dealt under S.87 to 92: | a) Given under fear or injury or under a misconception of fact.b) Consent by insane or intoxicated personc) Person below 12 year’s age. |
| Whether consent given to cause harm given by a person who is of 18 years age and above is legal? | Rule-I Yes, it is legal.Rule-II: However, if it results grievous hurt or death he is liable.Rule-III: Even if it results grievous hurt or death person is exempted from criminal liability provided it is for the benefit of person who gave it. Further, it is mandatory that person who caused harm acted in good faith. |
| If causing harm is necessary for the benefit of a person but such person is below 12 years of age or unsound person. Who has to give consent? | Parents or Guardian of such person. Person is exempted from liability even if it results grievous hurt or death provided it is for the benefit of such person of below 12 years of age or unsound person. Further, person who caused harm acted in good faith. |
| Whether harm extending death can be cause without consent but in good faith? | Yes, as per S.92 IPC If a harm is caused in good faith to a person without his consent under the following circumstances:-a)If it is impossible to obtain that person’s consent. b)If that person is incapable of giving consent (being an infant or a lunatic). If no guardian or other person in lawful charge of him is present. Any harm caused to such a person for his benefit under the above circumstances is justified u/S.92IPC. |
Write a Note on Right of Private Defence?
Ans: It is dealt under S.96 to 106:
| Whether RPD is available against one’s own body and Property or others also? | Yes, RPD is available not only against one’s own body and property but also against others body and property. |
| While exercising RPD harm can be caused to insane or child or intoxicated person? | Yes, RPD can be exercised even if may cause any harm to insane or child or intoxicated person. |
| Whether RPD can be exercised at any time? | No, There is no RPD if assistance of public authorities can be secured. |
| Whether RPD is available against all property offences? What are those property offences against which RPD is available? | No, it is available against certain property offences. They are: Theft, Mischief or Criminal trespass. |
| Whether RPD is available against all bodily offences? How much harm can be caused in exercise of RPD? | Yes. In exercise of RPD can’t cause more harm than necessary. |
| At what moment RPD against body commences and ends? | The RPD against body commences as soon as reasonable apprehension of danger to body arises and RPD continues to exist as long as it exists. |
| While exercising RPD death can be caused? | Yes, it may extend to causing death in certain. Circumstances. Assault which reasonably cause apprehension of death or grievous hurt or rape or unnatural offence or kidnapping or abduction or wrongful confinement. . |
| For property offences when RPD can be exercised to cause death? | 1) Reasonably apprehension in mind that death or grievous hurt would be consequence if RPD is not exercised.2) Robbery, house-breaking by night, mischief by force to any building, tent or vessel used for the purpose of dwelling or custody of the property. In this category apprehension in the mind of person exercising RPD is not necessary. |
| At what moment RPD against property offence commences and ends? | Theft: It continues and ceases till the offender retreat (move away) with the property. If assistance of public authorities is obtained it ceases. If the property is recovered.Robbery: It continues when the offender caused or attempts to cause any person death or hurt or wrongful restraint or as long as the fear of instant death or hurt or personal restraint continues.Criminal trespass or mischief: The right continues as the offender continues to be in the commission of criminal trespass or mischief. |
Write a short note on abetment?
Ans: It is dealt under S.107 to 120:
| What is Abetment?S.107 defines abetment. | A person is said to abet another to do a thing if he instigates him, or if he engages with one or more others in any conspiracy of if he intentionally aids by any act or illegal omission, the doing of that thing. Thus offence of abetment can be committed by instigation, conspiracy or intentional aid.The abetment of abetment is also an offence. |
| Who is an abettor and abettee? | A person who abets the commission of the offence is known as abettor. Person who acts in accordance with direction of abettor is called abettee. |
| Whether Will-full representation or concealment of material fact is abetment by instigation? | Yes. Further, Doing anything in order to facilitating the commission prior or at the time of commission of the act is said to be abetment. |
| Whether abettor is liable even if the abetter didn’t commit offence? | Yes. The abetment of the illegal omission of an act may amount to an offence although is not bound to that act. Even though abettee is a minor or unsound person, abettor is said to commit the offence if abetment. |
| Whether abettor should participate to constitute offence of abetment by conspiracy? | Not necessary. It is sufficient he is connected with such illegal act or connection. To Constitute abetment of conspiracy, the abettor need not concert (performance) the offence with the person who commits it. It is sufficient if he engage in the conspiracy in pursuance of which the offence is committed. |
| Whether it affects the liability if the is a variance between abettor intention and abetter intention? | No, S.110 says if the intention or knowledge of the person abetted is changed, it doesn’t affect the liability of the abettor. |
| Whether abettor is liable in the event of abettee doing an act or omission not abetted by the abettor? | S.111 says if the act is abetted and a different act is done, the abettor is liable provided that act done was a probable consequence of the abetment. S.112 says if additional act apart from the act abetted, the abettor is liable for both the offences. S.113 says if one act is abetted but different act is resulted abettor is liable provided he knew that the act abetted was likely to cause that effect. |
| What if the abettor is present at the time of commission of offence? | S.114 says if the abettor is present at the scene where the offence is committed, he will be treated as principal offender. |
Difference between Abetment by conspiracy and Criminal Conspiracy:
| Abetment by Conspiracy | Criminal Conspiracy: |
| Under Sec. 107 (2) combination of two or more persons is not enough, but some act or illegal omission must take place in doing of the thing conspired for. | An agreement between two or more persons to commit an offence is the gist of the offence of conspiracy. |
| Sanction of competent authorities is not necessary to proceed against the Abettors, who merely abetted to commit a crime. | Sanction of competent authorities is necessary to proceed against the conspirators who merely agreed to commit a crime provided offence is punishable with two years imprisonment. |
Distinguish between Common object & Common Intention?
Ans: S.149 & 34 IPC:
| Common object (S.149) | Common Intention (S.34) |
| To constitute common object it is necessary that the object should be common to the persons who compose the assembly i.e., that they should all be aware of it and concur it .It is immaterial whether the object is in their minds when they come together or whether it occurs to them afterwards. | To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them .The common intention ought to be determined from such known facts and circumstances which existed before the commencement of the criminal act as the criminal act itself is committed in furtherance of that common intention. |
| In common object there is no prior meeting of minds, unlike in common intention. However it may develop after people assembled together. | There is a prior meeting of minds. |
| Member ship of unlawful assembly is the leading feature of section 149 of IPC. | The actual participation in action is essential element of section 34 of IPC |
| Common object must be one of the objects mentioned in section 141 of IPC, which defines unlawful assembly. | Common intention may be of any type |
| S.149 IPC creates specific offence. | S.34 IPC declares a rule of criminal liability |
| But for the applicability of section 149 IPC at least five persons are required. | Atleast two persons are required to share the common intention under section 34 IPC, |
| Under section 149IPC a person is held liable not only act done in prosecution of the common object of the assembly but also for the acts which were likely to be committed in prosecution of that object. | S.34 every person is equally liable for acts or omissions. |
Write difference between Rioting and Affray:
| Rioting (S.146) | Affray (S.150) |
| If a member of Unlawful assembly uses violence in prosecution of the common object of such assembly it amounts to Riot. Every member of such assembly is guilty of the offence of rioting. | Two more persons fighting in a public place disturbing public peace and tranquillity. |
| Riot requires at least five persons and can be committed in a private place. | An affray can’t be committed in a private place and doesn’t require five or more persons. |
| Riot is committed after premeditation. | An affray is committed suddenly and not premeditated |
OFFENCES RELATING TO HUMAN BODY:
Culpable homicide means killing a human being by another human being. All murders are culpable homicide but all culpable homicides are not necessarily murders.
There are two classes of culpable homicides:
a) Culpable homicide amounting to murder. It is known as Murder.
b) Culpable homicide not amounting to murder. The difference between both (a & b) lies in the degree of criminality as manifested by the act. In murder, there is greater intention or knowledge than culpable homicide not amounting murder. Culpable homicide not amounting to murder is dealt under S.299 of the IPC and under S.304 of the IPC.
There is a third form of culpable homicide where death follows from rash or negligent act as such as crushing a man to death by rash or negligent driving.
The landmark cases which explained the distinction between Culpable homicide and murder are: Reg. v. Govinda. Virsa Singh v. State of Punjab
The criterion to inflict death penalty is laid down in Bachan Singh v State of Punjab.
Write a note on exceptions laid down under S.300IPC?
Ans: Culpable Homicide not amounting to murder provided u/s 300 IPC
Exception I: Grave and sudden provocation: Culpable homicide is not murder if the offendor, whilst deprived of the power self-control by grave & sudden provocation, cause death of the person who gave the provocation or causes the death of any other person by mistake or accident. The above exception is subject to the following provisos:
First: that the provocation is not sought or voluntarily provoked by the offendor as an excuse for killing or doing harm to any person.
Secondly: That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of powers of such public servant.
Thirdly: That the provocation is not given by anything done in exercise the lawful exercise of the right of private defence.
Explanation: Whether the provocation was grave & sudden enough to present to prevent the offence from amounting to murder is a question of fact.
Exception II: Right of Private Defence: Culpable homicide is not murder if the offendor, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than necessary for the purpose of such defence.
Exception III: Culpable homicide is not murder if the offendor, being a public servant or aiding a public servant acting for the advancement of public justice exceeds the powers given to him by law, and causes death by doing an act which he in good faith, believes to be lawful and necessary for the due discharge of his duty such public servant and without ill-will towards the person whose death is caused.
Exception IV: Sudden Fight: Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner.
Explanation: It is immaterial in such cases which party offers the provocation or commits the first assault.
Exception V: Consent: Culpable Homicide is not murder when the person whose death is caused, being above the age of 18 years, suffers death or takes the risk of death with his own consent.
Transfer of malice: The offence is complete as soon as any person is killed. It is immaterial if the person whose death has been caused is not the person whom the accused intended to kill. It is clear from Illustration (a) to S.299 of IPC. This is called as transfer of malice.
What is S.304 IPC?
Ans: S.304 IPC: S.304 IPC provides the punishment for culpable homicide not amounting murder. There are two parts to S.304 of the IPC.
- a) Where the act is done with intention of causing death or such bodily injury as is likely to cause death (Part-I); and
- b) Where the act is done with the knowledge that is likely to cause death without any intention to causing death (Part-II).
Write a short note on Dowry death?
Ans: Dowry death S.304B: If the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called ‘dowry death’ and such husband or relative shall be deemed to have caused her death. This section is supplementary to S.498A.
Causing death by Rash or negligent Act: S.304A: Where the act is in its criminal nature the section has no application. Causing death of any person by doing any rash or negligently act, not amounting to culpable homicide is punishable with two years imprisonment or fine or both. S.304A punishes the cause of death by negligence. The provision of this section apply to cases where there is no intention to cause death and no knowledge that the act in all probability would cause death.
- Rash means over hasty act done without due deliberation and caution
- Negligently means party fails to comply with a legal obligation and breaks a positive duty and does not do an act which is his duty to do.
| Kidnapping (S.359) IPC | Abduction (S.362): |
| Kidnapping means taking or enticing any minor (less than 16 years for a male and less than 18 years for a female) or any person of unsound mind, out of the keeping of, and without the consent of a lawful guardian. | Abduction means compelling by force or inducing by any deceitful means any person to go from any place. |
| Wrongful restraint: S.339 IPC | Wrongful confinement: S.340 IPC |
| Wrongfully Obstructing or preventing a person to move in a direction in which he has right to move. | Wrongfully Obstructing or preventing a person to move beyond certain circumscribed limits direction in which he has right to move. |
| What is Injury | Any harm whatever illegally caused to any person in body, mind, reputation or property. |
| What is Hurt? S.319: | HURT: Whoever cause bodily pain, disease or infirmity to any person is said to cause hurt. |
| What is Grievous Hurt? | Grievous Hurt: The following kinds of hurt only designated as grievous.First- EmasculationSecondly-Permanent privation of the sight of the either eyeThirdly- Permanent privation of the hearing of either ear Fourthly- Privation of any member or joint, or Fifthly- Destruction or permanent impairing of the powers, of any member or joint Sixthly- Permanent disfiguration of the head or face Seventhly- Fracture or dislocation of a bone or tooth Eighthly-Any hurt which endangers life or which causes the sufferer to be during the space of 20 days in severe bodily pain, or unable to follow his ordinary pursuits. |
| Force (S.349) | Criminal Force (350) | Assault (S.351) |
| Changing State of thing or person from rest or motion or motion to rest in any of the ways:1) Bodily power 2) With aid of substance 3) By inducing any animal to move | Intentionally using force against other without his consent with an intent to commit offence or cause injury, fear or annoyance to that person.Ex: Aneel incites a dog to spring upon Shekar, without Shekar’s consent. Here if Aneel intends to cause injury, fear or annoyance to Shekar, he uses criminal force to Shekar. | If the accused made a gesture or preparation to use criminal force and same the same was made in the presence of the person in respect of whom the said gesture or preparation is made. And the accused by the use of such force or gesture intends that would cause that other person to apprehend that criminal force and it did cause in the mind of the other person, then offence assault is said to have been committed.Ex: Aneel begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby causes Shekar to believe that he is about to cause attack Shekar. Aneel has committed an assault upon Shekar. |
Write a note on Property offences?
| Offence | Kind of Property | State of Mind | Mode of Commission |
| Theft (S.378) | Movable | Dishonestly | From the Possession of the lawful possessor without his consent |
| Extortion (S.383) | Property | Intentionally putting in Fear or injury | To oneself or any person whom victim is interested and thereby dishonestly induces the person to deliver property or valuable security. |
| Criminal Misappropriation (S.403) | Movable | Dishonestly | Misappropriates or converts or disposes |
| Criminal Breach of Trust (S.405) | Property | Dishonestly | Misappropriates or converts or disposes property over which custody or control is given. |
| Mischief (S.425) | Property | Intentionally causing wrongful loss | |
| Cheating (S.415) | Property | Either fraudulently or Dishonestly | There are two parts u/s.415.Part-I deals only property.Part-II deals injury. Thus it can be body, mind, reputation or property. |
| Criminal Trespass (S.441) | Property | To commit offence or Insult or annoy or intimidate | Whoever enters into or upon property in possession of another |
| Theft is Robbery | Extortion is robbery |
| Theft is robbery if1) in committing theft or2) in carrying away or attempt to carry away property obtained by theft3) the offender voluntarily causes or attempts to cause to any person: a) death, hurt, or wrongful restrain or b) fear of instant death, instant hurt, instant wrongful restraint. (Instant: immediate or sudden or on the spot). | Extortion is robbery if the offender at the time of committing extortion :1) Is in the presence of the person put in fear2) Commits extortion by putting that person in fear of instant death, instant hurt or instant wrongful restrain to that person or to some to the person.3) By so putting in fear induces that person then and there to deliver up the thing extorted. |
When extortion is robbery? Difference between robbery based on theft and extortion:
Ans: In robbery based on extortion the entire menace (threat or danger) is precedes the delivery of property. In robbery based on theft the use of violence may be before or after the delivery of property.
In sum: Robbery = Theft + violence or fear of instant violence.
Robbery: Extortion + Presence of offender + fear of instant violence + immediate delivery.
Violence: death, Instant (Sudden) Death or Wrongful restraint or hurt.
Difference between Robbery and Dacoity: Sections 390 and 391 IPC: All Dacoities are Robberies, but all Robberies are not Dacoties. When Robbery is committed or attempted to be committed by 05 or more persons then Robbery becomes Dacoity. Therefore Robbery can be committed even by single person, while for Dacoity at least 05 persons are required.
Stolen property: The property, the possession of which has been obtained by theft, extortion, robbery, dacoity or property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed is termed as stolen property, if it comes into the possession of the person, who is legally entitled to the identity of stolen property should not lost after coming into the possession of the accused. So long as the article remains the same in substance though, it is altered doesn’t cease to be stolen property.
Cheating: S: 415: Whoever, by deceiving any person fraudulently or dishonestly induces the person so deceived to deliver any property to any person to consent that any person shall retain any property or intentionally inducing that person to do or omit to do anything which he would not do or omit if he were not so deceived an d which act or omission could likely to cause damage or harm to that person in body, mind, reputation or property.
Explanation: A dishonest concealment facts is a deception within the meaning of this section.
Comment: There are two parts u/s.415. Part-I deals only property. Part-II deals injury. Thus it can be body, mind, reputation or property. In the first part, loss of property is either due to dishonest or fraudulent action. In the second part the injury is sustained due to intentional inducement by act of deception.
Part-I: Whoever, by deceiving any person fraudulently or dishonestly induces the person so deceived to deliver any property to any person to consent that any person shall retain any property is called as an act of cheating. It is punishable u/S.420 IPC.
Part-II: Whoever, intentionally induces another to do an act or omission and as a result of such deception, victim sustained damage, harm to mind, body or reputation or property is called cheating. It is punishable u/S.417 IPC.
Difference between Cheating & Extortion: S.415, 383 & 384 IPC: The primary object offence of cheating and extortion is wrongful gain of property. In both the cases property is removed with the consent of the owner. However in cheating the consent is obtained by fraud, whereas in extortion the consent is obtained by fear.
Mischief: S.425 IPC defines Mischief. It says Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof and thereby destroys or diminishes its value or utility or affects it injuriously commits mischief.
Explanation-I: It is not essential to the offence of mischief that the offender should intent to cause loss or damage to the owner of the property injury or destroyed. It is sufficient if he intends to cause or knows, that he is likely to cause, wrongful loss or damage to any person or not.
Explanation 2.- Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
Example: Aneel voluntarily throws into a river a ring belonging to Shekar, with the intention of thereby causing wrongful loss to Shekar. Aneel has committed mischief.
Forgery: S: 463: Whoever makes a false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed commits forgery.
Forgery= False Document (Full or Part): Fraudulent intention + Damage or injury (or support any title or claim or part with property of any person) + to any person or public.
Criminal trespass (S.441): Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby intimidate, insult or annoy any such person or with intent to commit an offence is said to commit C.T.
House trespass (S.442): Whoever commits C.T. by entering into or remaining in any building, tent or vessel used as a human dwelling, tent or any building used as a place of worship, or as a place for the custody of property, is said to commit H.T. The introduction of any part of the C.T’s body is sufficient to constitute H.T.
Lurking House Trespass: S.443: If any person commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”. If such Lurking house-trespass is committed after sunset and before sunrise it is called “lurking house-trespass by night” (S.444).
House Breaking: Section 445 IPC: A person is said to commit house breaking who commits house trespass, if he effects into the house or any part of it in any of the six ways hereinafter described; or if being in the house or any part of it for the purpose of committing an offence; or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:
- By entering and quitting through a passage made by himself
- By entering or quitting by opening any lock
- By entering and quitting by opening a passage by any means which the occupier has not intended.
- By entering and quitting through a passage not intended by any person other than the offender for human entrance or through any passage through which he gains access by scaling or climbing over any wall or building.
- By entering and quitting by using criminal force or committing an assault or threatening any person with assault.
- By entering and quitting any passage by unfastening the passage.
Perjury (False evidence) (S.191): To constitute offence under this section following conditions are required to be fulfilled: A person must be legally bound by an oath or by an express provision of law to state the truth or to make any declaration upon any subject but he makes a false statement, knowing or believing it to be false or does not believe to be true and he is said to be giving false evidence. Ex: Aneel in support of just claim which Shekar has against for one Rs100/-, falsely swears on a trial that he heard Shekar admitting the justice of Shekar’s claim. Aneel has given false evidence.
Fabricating False evidence: S: 192: A person is said to be fabricating false evidence if he (i) Causes any circumstances to exist (ii) Makes any false entry in any book or record (iii) Makes any documents containing a false statement intending such circumstances false entry or false statement may:(a)appear in evidence (b) judicial proceeding or (c) a proceeding taken by law before public servant or an arbitrator and causes in such proceeding is to form an opinion upon evidence to entertain an erroneous opinion touching any point material to the result of such proceeding.
S.201 IPC: To establish charge it prosecution establish that accused knowing or having reason to believe that such an offence had been committed, and with the intent to screen the offender from legal punishment and caused the evidence thereof to disappear.
S.153: Wantonly giving provocation with intent to cause riot.
S.153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
S.153AA: Punishment for knowingly carrying arms in any procession or organising or holding or raking pat in any mass drill or mass training with arms.
S.510 IPC: Misconduct by a drunken person in public place. The punishment is one day.
S.303IPC: It is not declared unconstitutional. It is under eclipse: Mithu v. State of Punjab. This section says person who is under sentence of imprisonment for life, commits murder shall be punished with death.
S.511: Attempt to commit offence: The punishment is for a term which may extend to ½ of the imprisonment for life or ½ of the longest term of imprisonment provided for the offence or with such fine as it is provided for the offence, or with both.
Write a note on Offences relating to marriage?
Ans: Contract Act, 1872 applies and as a corollary non-compliance of the same makes the contract void, voidable or illegal. Apart from Contract law, other personal laws prescribe certain conditions for entering to contract of marriage and they must also be complied with. In event of violating the same law prescribe remedies. Similarly, Indian penal code also offers certain penal remedies. They are dealt under S.493 to 498: They are as follows:
(1) Invalid Marriages S.493 & 496, (2) Bigamy (S.494 and S.495) (3) Adultery (S.497)
(4) Criminal elopement (S.498) (5) Cruelty (S.498A)
Marriage is a result of contract between two parties. As such, the rules prescribed under
| Marriage offence | Victim /Accused |
| S.493: Man + Deception of woman that she is lawfully married and had sexual intercourse with her. | Women who married the accused |
| S.496: Male or female + marriage ceremony + Knowing that she or he is not thereby lawfully married.Accused did the act either dishonestly or fraudulently. | Male of female who married the accused |
| S.494: Marrying another + Married Spouse (Not divorced). Exceptions:1) Not against Personal law. 2) Whereabouts of other spouse is not known for a continuous period of 07 years. 3) Marriage is dissolved by court. | 1st wife or husband. |
| S.497: Sexual intercourse by man + Wife of another + without the consent of husband of wife.It shall not amount to rape. | Victim is husband and accused is person had a sexual intercourse with husband’s wife |
| S.498: Taking or enticing away a married woman for the purpose of having sexual intercourse with her is known as seduction. The man is liable for the offence even if the woman voluntarily accompanies him. | Victim is husband and accused is person had a sexual intercourse with husband’s wife |
| S.498A: Husband or relative of the husband subjects women to Cruelty = 03years and fine.Cruelty means:- a) Any Wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause such grave injury or danger to life limb or health (whether mental or physical) of the woman;b) Harassment or coercion of the women to met any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. |
Criminal intimidation: S. 503 defines criminal intimidation. Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do or omit to do any act which that person is legally entitled to do, as the means of avoiding this execution of such threat, commits criminal intimidation. Ex: Aneel for the purpose of inducing Deepak to desist from prosecuting a civil suit threatens to burn Deepak’s house. Aneel is guilty of criminal intimidation.
Intimidate: Putting a man into fear with a view of inducing him to enter into a contract or to money or to do or to abstain from doing some act.
Defamation:
S.499 IPC defines Defamation and S.500 prescribes punishment.
S.499 has four explanations and ten exceptions.
S.499 says If a person imputes anything to another with intend to harm the reputation of such other person is said to be defamation. Such imputation can be done either spoken or intended to be read, or by signs or by visible representations, makes or publishes.
Explanations: The First explanation deals with defamation of a deceased man and the 2nd one deal with defamation against company.
The 1st explanation says imputing anything to deceased person is defamation in the following circumstances:
- a) If imputation harms the reputation of that dead person, if living.
- b) If it is intended to be hurtful to the feelings of his family or other relatives.
The 2nd explanation says if an imputation is made against a company or an association or collection of persons it amounts defamation.
The 3rd explanation says an imputation in the form of an alternative or expressed ironically, may amount to defamation. (Innuendo).
The 4th explanation says in order to constitute defamation it must lower the reputation of alleged aggrieved in the eye of public or persons known to him.
| What is defamation?Imputation if it harms reputation.What is imputation?A false charge or accusation or untruthful statement What is reputation? Status or name or character or estimation of a person in the eye of public. What kind of reputation amounts defamation under IPC?
When offence of defamation is complete? Ans: As a result of Imputation described above the status or name or character or estimation of victim gets lowered in the eye of public. |
Exceptions: There are ten exceptions to the section. These exceptions provide privileges available in case of defamatory statements and burden to prove them, lies on the person who claims the benefit.
Ex.1: Imputation of truth which public good required to be made or published.
Ex.2: Public conduct of public servant
Ex. 3: Conduct of any person touching any public question
Ex. 4: Publication of reports of proceedings of courts
Ex.5: Merits of cases decided in courts or conduct of witnesses or other concerned
Ex.6: Merits of public performance
Ex.7: Censure passed in good faith by the person having lawful authority over another
Ex.8: Accusation preferred in good faith by person for protecting of his others interests.
Ex.9: Imputation made in good faith by person for protection of his or others interests.
Ex.10: Caution intended for good of person to who conveyed or for public good.
Problems and Solutions:
| S.n | Problem | Principle |
| 1 | Indian Citizen commits murder in Uganda. Can he be tried in India? | Yes, Indian citizen who commits offence in foreign country despite it’s not being offence in that country can be punished in India. |
| 2 | A writes his name on the back of a bill of exchange. What is the effect of it? Is it a valuable security? | It is valuable security. The effect of this endorsement is that any person who is the lawful holder is entitled to property in it. |
| 3 | Whether a passport or title page of the firm containing the name of partners showing the capital contributed by each and signed by partners – are they valuable securities? | They are valuable securities |
| 4 | A and C emerges from darkness and both of them gave blows to B at various part of the body and as a result he died. Whether they can held liable jointly u/S.34? | Yes |
| 5 | A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of law. Has he committed any offence? | No offence. Whatever he did in law is an offence but in good faith that he was bound by law to do such act though it is a mistake of fact. |
| 6 | A, an officer of a court, being ordered by the court to arrest Y, and after due inquiry believing Z to be y, arrest Z. Has he committed any offence? | No offence, Whatever he did in law is an offence but in good faith that he was bound by law to do such act though it is a mistake of fact. |
| 7 | A, an officer, in good faith, of the power which the law gives to all person of apprehending murders in the act, seizes Z, in order to bring before proper authorities. In fact Z is acting in self-defense. Has A committed any offence? | No offence, Whatever he did in law is an offence but in good faith that he was justified by law to do such act though it is a mistake of fact. |
| 8 | Whether plea of insanity or claiming any benefit under general exception first time before the appellate court is permissible? | No |
| 9 | A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer from any harm which in the course of such fencing, may be caused without foul play and if A, while playing fairly, hurts Z, What is the offence A Commits? | A commits no offence. He claims benefit under consent by playing amusement. |
| 10 | A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. What is the offence committed? | A has committed the offence of culpable homicide. |
| 11 | A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z’s death, induces B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence. What is the offence A has committed? | A has committed the offence of culpable homicide. |
| 12 | A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. What is the A has offence committed? | A is guilty of murder, although he may not have intended to cause Z’s death. A has committed the offence of Murder. |
| 13 | A speeding truck, while taking a turn in an open field, hit a cot causing the death of a person who was resting on it. Under which section case falls? | The driver obviously didn’t willfully drive the car on the cot, hence, s.304 A but not 304 Part-II. The doctors negligence falls u/s.304A |
| 14 | A is fighting with B and attempts to hit B with a lathi. C intervenes and attempts to stop the fight. In the scuffle, A hits C with a lathi, though A was trying to hit B. what is the offence A has committed? | A commits an offence under S.323 |
| 15 | A squeezed the testicles of the deceased, which result in his almost death and death, took almost sudde. Under which section of law accused shall be charged? | A commits an offence u/s. S.325 IPC without any intention to kill or any knowledge can be attributed to him. Hence he is liable under S.325 IPC |
| 16 | An unrelated person offers chocolate to enter to his car. G enters the car. Under which section of law accused shall be charged? | As per S.361 IPC Force can be actual or constructive. |
| 17 | A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. What is the offense A has committed? | Theft, A has committed theft as soon as Z’s dog has begun to follow A. |
| 18 | A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, What is the offense A has committed? | A has committed theft of the treasure |
| 19 | Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. What is the offense A has committed? | No theft, It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust. |
| 20 | A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, What is the offense A has committed? | A commits theft. |
| 21 | A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus induces Z to give him money. What is the offense A has committed? | A has committed extortion. |
| 22 | A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the note. What is the offense A has committed? | A has committed extortion. |
| 23 | A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. What is the offense A has committed? | A has committed extortion. |
| 24 | A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. What is the offense A has committed? | A has therefore committedrobbery. |
| 25 | A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. What is the offense A has committed? | This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child. |
| 26 | A takes property belonging to Z out of Z does possession, in good faith, believe, at any time when he takes it, that the property belongs to him. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, What is the offense A has committed? | A is guilty of Criminal Misappropriation. |
| 27 | A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, What is the offense A has committed? | A is guiltyof Criminal Misappropriation. |
| 28 | A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. What is the offense A has committed? What is the offense A has committed? A has committed an offence under this section. | A is guiltyof Criminal Misappropriation. |
| 29 | A finds a rupee on the high road, not knowing to whom the rupee belongs. A picks up the rupee. What is the offense A has committed? What is the offense A has committed? | No offense |
| 30 | A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. What is the offense A has committed? What is the offense A has committed? He is guilty of an offence under this section. | A is guiltyof Criminal Misappropriation. |
| 31 | A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. What is the offense A has committed? What is the offense A has committed? A has committed an offence under this section. | A is guiltyof Criminal Misappropriation. |
| 32 | A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believer that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. What is the offense A has committed? | A cheats. |
| 33 | A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. What is the offense A has committed? | A cheats. |
| 34 | A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. What is the offense A has committed? | A cheats |
| 35 | A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payment. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. What is the offense B has committed? | B commits forgery. |
| 36 | A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. What is the offense B has committed? | B commits forgery. |
| 37 | A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property. What is the offense A has committed? | A has committed forgery. |
PUNISHMENT:
What is the difference between Conviction and Sentence?
Ans: The finding given by the court stating that accused committed the offence is called Conviction. The punishment given by the court is called as Sentence. Conviction is a technical process. Sentence is not technical affair and judge must act like a social and legal scientist. The sentence must be awarded basing on physical and mental social, economic, cultural status of the accused, nature of offence, mode and manner of committing offence.
What are the different kinds of Punishments provided under IPC?
Ans:S.53: The punishments to which offenders are liable under the provisions of this Code are:- 1) Death, 2) Imprisonment for life, 3) deleted 4) Imprisonment, which is of two descriptions, namely:- (1) Rigorous, that is, with hard labour; (2) Simple; 5) Forfeiture of property; 6) Fine.
What is the meaning of the term life under IPC?
Ans: As per S.45 IPC defines Life. The term life means complete life of the individual. Inflicting life imprisonment is one of the modes of punishment. Thus imprisonment of life would ordinarily mean imprisonment for the full or complete span of life. Premature released is governed by S.55 IPC &S.433 (b) Cr.P.C 1973.
According to S.55 the State Government has power to commute (convert) the sentence of imprisonment for life to punishment for imprisonment of either description for a term not exceeding 14 years without the consent of the prisoner.
Under S.57, though the term twenty is used it is only for the purpose of calculating fractions of terms of punishments i.e., Attempt to commit offence which is punishable with life imprisonment. Unless the sentence is commuted or remitted by the appropriate authority u/s 55 of the code or u/s Cr.P.C. a prisoner sentenced to life imprisonment is bound in law to serve the life term in prison.
What is the period of imprisonment that can be imposed in the event of non-payment of fine?
Ans:
| Fine | Imprisonment awarded |
| 02 months | Rs.50/- |
| 04 months | Rs.100/- |
| 06 months | In any other case. |
If the convict fine any time, he can be released and fine would be reduced proportionately.
How Solitary confinement is awarded?
Ans: Generally, when court imposes sentence of imprisonment it is deemed that it is simple and without solitary confinement. However, if it is specified as rigours or solitary convict shall undergo such kind of punishment only. The solitary confinement in no case shall exceed three months.
| Imprisonment awarded | Solitary confinement |
| Six months | One month. |
| Six months to One year | Two months |
| Exceeding one year | Three months |
S: 74: Limit of Solitary Confinement: As per this section Solitary Confinement shall in no case exceed 14 days at a time. If imprisonment awarded more than three months solitary confinement shall not exceed seven days in any month.
Write note on Sentencing power of various criminal courts?
| Name of the Court | Sentencing Power of Court |
| High court | Can pass any sentence |
| Court of Session | Can pass any sentence. But death sentence shall be confirmed by High court. |
| Assistant session Judge | Can pass any sentence of Imprisonment which may extend to 10 years and fine. |
| Chief Judicial Magistrate | Can pass any sentence of Imprisonment which may extend to 07 years and fine. |
| Judicial Magistrate of First Class | Can pass any sentence of Imprisonment which may extend to 03 years and fine of Rs.10,000/-. |
| Judicial Magistrate of Second Class | Can pass any sentence of Imprisonment which may extend to 01 years and fine of Rs.5,000/-. |
What is quantum of punishment to be awarded in case offender is punished for the offences mentioned under C.XII or CXVII of IPC?
Ans: As per S.75 IPC, person who committed offence mentioned under these chapters for subsequent offence, he is liable to be punished with imprisonment for life, or to imprisonment of either description for a term which may extend to 10 years.
However, it is necessary that the punishment for the first offence and second offence prescribed under law shall be three years or more.
XII: Offences relating to coin and Government stamps
XVII: Offences against property.
S: 71: Consists of four paragraphs:
Para 1: It deals with all the acts of an offendor which constitute together only an offence although each of the individual acts also constitutes the same offence.
It refers to illustration (i) of 220Cr.P.C. In such cases, the offendor can be punished only for an offence.
Ex-I: A number of blows on one person.
Ex-II: Accused stole property at night belonging to different persons from the same room of a house; it was held he could not be sentenced separately as for two offences of theft.
Para:II: A single transaction may give rise to either
(a) Several offences of different character, each complete in itself and distinct from the other.
Ex: Criminal breach of trust and falsification of accounts; House breaking and adultery.
(b) Several offences of the same character but affecting different persons.
Ex: A single gunshot fired with it, injured two or more person, where different persons are injured, grievous hurt being caused in one case and simple hurt in others, it is competent for the court to impose separate and cumulative sentences. (a,f,&g illustrations of S.220)
Para:III: It corresponds to S.220(4) Cr.P.C. It deals with plurality of acts and applies to cases in which one or more of the acts of the accused in a transaction constitute one offence but all the acts together or combined give rise to different offence.
The same series of acts may constitute different offences. All may be charged, but only one offence can be regarded as committed for the purpose of inflicting punishment.
Ex: Where as persons set a fire to a ware house, here his act is an offence u/s 435 &also u/s 436, and though he may be charged for both, but he cannot be punished for more than one of these offences. Similarly, for driving on a public road so rashly so as to endanger human life and causing hurt, accused cannot be punished for both the offences.
Whether court can impose sentence in default of payment of fine?
Ans: Yes, as per s.30 the court of a magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term: – It shall not be excess of the powers of the Magistrate u/s 29 of the code. Where imprisonment has been awarded as part of the substantive sentence, it shall not exceed 1/4th of the term of imprisonment which the magistrate is competent to inflict as punishment for the offence. The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the magistrate u/s 29.
What is the mode of sentences in case of conviction of several offences at one trial?
Ans: S.31 talks about Sentence in cases of conviction of several offences at one trial: When one person is convicted at one trial of two or more offences, the court may, subject to the provisions of S.71of the IPC, sentence him for such offences, to the several punishments prescribed therefore which such court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court direct that such punishments shall run concurrently.
It is not necessary for the court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offendor for trial before a high court. Provided that in (i) no case shall such person be sentenced to imprisonment for a longer period from 14yrs (ii) the aggregate punishment shall not exceed twice the amount of punishment which the court is competent to inflict for a single offence. Thus section 31 enhances the ordinary powers given to Magistrate u/s 29 Cr.P.C. For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.
Explanation: At one single trial, accused is charged with more than one offence (like S.324 IPC). In such case he is permitted to impose six years imprisonment though he is competent to inflict punishment of imprisonment not more than three years as per S.29 Cr.P.C. In such case it is also not necessary for such magistrate to send the file to superior magistrate for inflicting more punishment.
However, magistrate is under an obligation to report the matter to superior magistrate if the magistrate has to impose imprisonment more than the twice the punishment, which he is authorised to inflict (i.e, more than six years).
Ex: If the Magistrate has to impose imprisonment for a period of more than six years, he has to send the file to Chief Judicial Magistrate.