Chapter 1: Introduction to IPC
This series comprises the lectures notes of Indian Penal code (IPC) that contains chapter wise notes. This part contains the notes from chapter 1, which contains descriptive idea from sections 1 to 5. For upcoming notes notification join our whatsapp group. To join click here
Introduction:-
This code is first in its nature as this is the only
act, which doesn’t consist the year with the act name. British India, to run
the legal system well organized in the country, under section 53 of
Government’s Act, 1833, on 1834; Law Commission was formed with the
chairmanship by Lord Macaulay. This committee submitted the Draft Penal Code to
the Governor- General in Council on 14th October, 1837. The revised
version submitted to Legislative Council in 1856 which got the assent from
government (at that time Govt. General) on 6th October, 1860.
Council gave assent, which resulted from 1st January, 1862, this act
came in force.
Chapter 1: Introduction
Section 1 Title and extent of operation of the code:-
This
Act shall be called the Indian Penal Code, and shall [extend to the whole of
India [include the Jammu & Kashmir].]
This section basically deals with title and extent
of this code. Which focuses on the jurisdiction practiced under which this code
should be practiced based upon the territory, not on the domicile or
nationality or from where the offender actually belongs.
According to constitution of India, 1950 the state
of Jammu and Kashmir, were provided special status under Article 370. This
resulted in the separate code for state criminal cases, i.e. Ranbir Penal Code
in Jammu and Kashmir, under which state police register any criminal cases
under that territorial jurisdiction.
From October 31, 2019 Jammu and Kashmir
Reorganization Act, 2019 came into force. Under section 96 of this act, various
central acts are now applicable in union territory of Ladakh and Jammu &
Kashmir. As a result of this, now Indian Penal Code is also applicable in Union
Territory of Jammu & Kashmir.
Section 2 Punishment of offences committed beyond, but which by law may be tried within, India.
Every
person shall be liable to punishment under this code and not otherwise for
every act or omission contrary to the provisions thereof, of which he shall be
guilty within [India].
This section deals with principle of criminal
liability on the basis of the locality & place of the offence committed
(Inter territorial operation of the code).
Here Every Person holds a wide range
of individuals, either they are citizens of India or not, either they are
incorporated association of persons or not, inspite of any nationality, caste,
creed, color, status, etc.
Note: -
·
Under this section, foreign nationals
can neither take plea of ignorance of the law, nor that he was unaware of the
criminal nature of the act in question since, it was not an offence in his
country.
·
A foreigner who initiates an offence
outside India that takes effect on Indian Territory is liable under Penal code
for the offence. [Mubarak Ali vs. State of Bombay (AIR 1957 SC 857) ]
Then, the question arose what are considered under territorial
jurisdiction, under which offender is convicted; Land, Internal waters (Rivers,
likes, canals), 12 Maritime Miles, Ships, Aircrafts (whether armed or not), the
private ships (high seas or in foreign tidal waters), Foreign private ships (within
the ports).
This section supports this maxim “Cujis est solum
ejus usque & collum et ad in fero”, i.e., whoever is the owner of the
soil, it is his even to the firmament, and to the centre of the earth.
ü There
are some of the exceptions of this rule;
Principle of Expediency, On Convention, On Agreement
or understanding between nations, Foreign Army, Warships & Men of War of
foreign state in foreign waters.
ü As
well as law provides immunity from criminal prosecution to some of the
nationals;
High dignitaries, the head of foreign governments,
Ambassadors, Diplomatic Agents, Consuls, United Nation Representatives, the
President of India and The governor of States.
ü Alien
Enemies cannot be tried by criminal courts, as they are dealt through the provisions
of military law. In the case of Friendly or Hostile, alien enemies tried by the
ordinary criminal courts for any crime committed by them.
Section 3 Punishment of offences committed beyond, but which by law may be tried within, India.
Any person liable, by any [Indian law]
to be tried for an offence committed beyond [India] shall be dealt with
according to the provisions of this code for any act committed beyond [India]
in the same manner as if such act had been committed within [India].
*Both section 3 & 4 provides extra territorial
operation to this code.
This section puts liability to the offender under
this act, that even after commission of the offences beyond the territory of
India, they may be held liable under this code only. By providing criminal jurisdiction to the
courts, this section provides that court to try the offence committed by
individual beyond territory of India, which individual is subject to the Indian
Law.
Note: - This section doesn’t include only Indian
Citizen but also those who are covered by any special law, which bring them
under Indian Jurisdiction.
Section 4 Extension of Code to extra-territorial offences.
The provisions of this Code apply also to any offence
committed by
(1) Any
citizen of India in any place without and beyond India;
(2) Any
person on any ship or aircraft registered in India wherever it may be
(3) Any
person in any place without and beyond India committing offence targeting a
computer resource located in India
Explanation.—in
this section
(a) The
word “offence” includes every act committed outside India which, if committed
in India, would be punishable under this Code;
(b) the
expression “computer resource” shall have the meaning assigned to it in clause
(k) of sub-section (1) of section 2 of the Information Technology Act, 2000.]
The applicability of section 4 based on the
citizenship of the individual at the time of commencement of the offence.
[Fatima Bibi Ahmed Patel vs. State of Gujarat, (AIR 2008 SC 2392)].
This section also gives Admiralty Jurisdiction to
Indian penal code. Any ship which is
flying with the country flag and registered in that particular country, considered
as that country territory, any individual whether Indian citizen or foreign
nationals committing a crime on any ship containing admiralty jurisdiction can
be amenable to Indian courts and regulated by this code. If any foreign nationals committed crime
outside India will be sent back to their respective country under Indian
Extradition Act,1962.
Under clause 3 of this section, any offence
committed, targeting a computer resource located in India, by any person in any
place without and beyond India, can be executed under territorial jurisdiction
of penal code.
You can also go through with:
Section 5 Certain Laws not to be affected by this Act:-
Nothing in this act shall affect the
Provisions of any act for punishing mutiny and desertion of officers, soldiers,
sailors or airmen in the service of the government of India or the provisions
of any special or local law.
This section plays the role of saving clause of
section 2 of this code.
“Generalia sepecialibus non derogrant”, this
section works in line with this maxim, which means general words or code, do
not repeal or modify special legislation.
If any special law (the law which deals with particular subject) and local law (the law which is applicable to particular state or location) are made to deal with separate provisions, there by this code get exemption from there.
By: Suman Rathor
(Indore Institute of Law)
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