Indian Penal Code - Structure

Section 6 is about definitions in the code to be understood subject to exceptions. The section states that throughout this code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision shall be understood subject to the exceptions contained in the chapter entitled "General Exceptions", though those exceptions are not repeated in such definition, penal provision, or illustration.--- Section 21 - "Public Servant"- - The word - "Public Servant" defined - Lakshmi Man Singh {Dr.} Vs. Naresh K.C.Jah 1990 Cr.L.J. Year of Judgment - 1921 ; AIR Year of Judgment -1990 SC Page No. 1976; (Year of Judgment - 1990) Volume No. 4 SCC Page No. -169—The Test To determine whether a person is a public servant or not is : - 1. Whether he is in the service or pay of the Government. 2. Whether he is entrusted with the performance of any public duty.

of the Right of Private Defence (Sections 96 to 106)

Added in 1913

Navy and Air Force: Added in 1927

B. Rosaiah Vs. State of A. P 1991 Cr L J Page No. 189- Presence at Exhibition of Blue Film- While entering into the parlour the accused was not aware of the type of the film under exhibition. Immediately after his entry, the police raided the parlour and charge-sheeted him as an abettor of offences under Sections 292,293 and 294 because blue films were under exhibition. Following the Supreme Court decision in Shri Ram Vs. State of U. P(AIR Page No. 175: 1975 Cr L J Page No. 240), the Court held that something more must be shown than mere presence.

Sections 292/294/298—2008 JCC 1433- In The High Court of Delhi- Hon’ble Mr. Justice Sanjay Kishan Kaul- Maqbool Fida Husain case- Obscenity and artistic freedom- Issue raised- whether an artist be given the liberty to point a nation in the context of motherland in nude and whether such a painting would be considered as obscene or not – Held; The said painting cannot be said to fall within the preview of Section 292 thereby making it obscene- The impugned painting on the face of it neither lascivious nor appeal to the prurient interests- Said painting would not arise sexual interests in a perverted person or would not morally corrupt or debase a person viewing the painting- Depicting India in a human form in no manner has a tendency to make an average person feel embarrassed by named portrayed of a concept which ahs no particular face to it since the painting has not lost its artistic value/touch. {Par 98]--- Criminal Jurisprudence- For an offence to be made out against an accused the ingredients of mens rea and actus rea need to be proved --- Democracy- Has wider moral implications than mere majoritarianism. A crude view of democracy gives a distorted picture- a real democracy is one in which the exercise of the power of the many is conditional on respect for the rights of the few. Pluralism is the soul of democracy—The right to dissent is the hallmark of democracy- In real democracy the dissenter must feel at home and ought not to be nervously looking over shoulders fearing captivity or bodily harm or economic and social sanctions for his unconventional or critical views—Freedom of speech ahs no meaning if there is no freedom after speech—The reality of democracy is to be measured by the extent of freedom and accommodation it extends. ---- Indian Penal Code- Section 292- Scope—For an offence to be made out it has to satisfy at least one of the three conditions: If it is lascivious: it appeal to prurient interests: and it tends to deprave and corrupt persons who are likely to read, see or hear the matter alleged to be obscene. --- Obscenity and art—where both are mixed, art must be so predominating as to throw obscenity into shadow or render the obscenity so trivial and insignificant that it can have no effect and can be overlooked. --- Obscene- A piece of art may be vulgar but not obscene- In order to arrive at a dispassionate conclusion where it is crucial to understand the art from perspective of a painter it is also important to picture the same from a spectator’s point of view who is likely to see it. -- Criminal Procedure Code- Section 202- Jurisdiction- In this information age jurisdiction be more circumscribed so that an artist is not made to run from pillar to post facing proceedings.

1. Of Offences Affecting Life including murder, culpable homicide (Sections 299 to 311)
2. Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births (Sections 312 to 318)
3. Of Hurt (Sections 319 to 338)
4. Of Wrongful Restraint and Wrongful Confinement (Sections 339 to 348)
5. Of Criminal Force and Assault (Sections 349 to 358)
6. Of Kidnapping, Abduction, Slavery and Forced Labour (Sections 359 to 374)
7. Sexual Offences including rape (Sections 375 to 376)-- Mathura Rape case- Tukaram Vs. State of Maharashtra- AIR Year of Judgment-1979 SC Page No. 185.

"Sex Before Marriage on the basis of False promise of marriage is no offence and hence no rape"- 1. Year of Judgment -2003 JCC Page No. -506- Supreme Court of India- Hon’ble Mr. Justice N.Santosh Hagde, B.P.Singh- UDAY Vs. STATE OF KARNATKA- Accused convicted under Section 376- Prosecutrix was above the age of 18 years- Studying in college- gave consent to sexual intercourse on the ground of promise of marriage- girl went on cohabiting with accused and this continued for several months- Prosecutrix got pregnant and the accused refused to marry her- Apex court held that the prosecutrix willingly consented to have sexual intercourse with the appellant with whom she was badly in love- Promise of marriage loses all significance, particularly when they are overcome with emotions and passions and find themselves in situations and circumstances, where they, in a weak moment, succumb to the temptation of having sexual intercourse- Conviction set aside. (Para 24)----- Section 90 IPC—Misconception of fact—Consent given on the basis of false promise at a future date does not always amount to mis-conception- If a full grown girl consents to the act of sexual intercourse on a promise of a marriage and continues to indulge in such activity until she becomes pregnant it is an act of promiscuity on her part ad not a act induced by misconception of a fact- In such a situation criminal liability fastened on the accused unless it is established that the accused never really intended to marry her. .

1. Of Unnatural Offences (Section 377)

1. Of Theft (Sections 378 to 382)
2. Of Extortion (Sections 383 to 389)
3. Of Robbery and Dacoity (Sections 390 to 402)
4. Of Criminal Misappropriation of Property (Sections 403 to 404)
5. Of Criminal Breach of Trust (Sections 405 to 409)- Section 406. Punishment for criminal breach of trust-- essentials of crime under Section 406- Daityari, Tripathi Vs. Subodh Chandra Chaudhuri (Year of Judgment-1942) 2 Cal. 507—Section 406 consists of any one of four positive acts, namely, misappropriation, conversion, user or disposal of property, Neither failure to account nor breach of contract, however dishonest, is actually and by itself the offence of criminal breach of trust.
6. Of the Receiving of Stolen Property (Sections 410 to 414)
7. Of Cheating (Section 415 to 420)
8. Of Fraudulent Deeds and Disposition of Property (Sections 421 to 424)
9. Of Mischief (Sections 425 to 440)
10. Of Criminal Trespass (Sections 441 to 462)

1. Of Property and Other Marks (Sections 478 to 489)
2. Of Currency Notes and Bank Notes (Sections 489A to 489E)

Added in 1958

Added in 1983—Section 498-A and 304-B –"A demand for money on account of some financial stringency or for meeting some urgent domestic expenses cannot be termed as a demand for dowry as the said word is normally understood" - 2012 JCC Page No. 340 – Hon’ble Mr. Justice Suresh Kait – Date of Judgment - 5 December 2011- Vinita & Anr. Vs. State N. C. T. of Delhi – Crl. Appeal No. 249 of 2009 – Indian Penal Code, 1860 – Sections 498-A and 304-B – Conviction of husband and mother-in-law of deceased for offences under – Sustainability of – No complaint having ever been made against the accused by the deceased from the date of marriage till he death took place – No cruelty having been committed to deceased by accused being proved – Demand for dowry also not having been established – As such, question of proximity of cruelty for demand of dowry not arising – cause of death also having not been established – Merely because the deceased died within seven years of her marriage accused could not be held guilty – Conviction of appellants-accused: held not sustainable and set aside. – Indian Penal Code, 1860 – Section 304-B – Indian Evidence Act, 1872 – Section 113-B – Presumption under Section 113-B Indian Evidence Act – Operation of – Conditions for – same would arise if prosecution is able to establish the ingredients set out in Section 304-B Indian Penal Code which are – 1. That the death of the women must have been caused by burns or bodily injury or otherwise than under normal circumstances – 2. Such death must have occurred within seven years of her marriage – 3. Soon before her death, the women must have been subjected to cruelty of harassment by her husband or relatives of her husband – 4. Such cruelty or harassment must be for or in connection with demand of dowry – 5. Such cruelty or harassment must have been made soon before her death. – Dowry prohibition act, 1961 – Section 2- Indian Penal Code, 1860 – Section 304-B – A demand for money on account of some financial stringency or for meeting some urgent domestic expenses cannot be termed as a demand for dowry as the said word is normally understood. .