Indian Penal Code

The Indian Penal Code is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions.
After the partition of the British Indian Empire, the Indian Penal Code was inherited by its successor states, the Dominion of India and the Dominion of Pakistan, where it continues independently as the Pakistan Penal Code. After the separation of Bangladesh from Pakistan, the code continued in force there. The Code was also adopted by the British colonial authorities in Colonial Burma, Ceylon, the Straits Settlements, Singapore and Brunei, and remains the basis of the criminal codes in those countries.

History

The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1835. Based on a simplified codification of the law of England at the time, elements were also derived from the Napoleonic Code and from Edward Livingston's Louisiana Civil Code of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. The drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856, but it did not take its place on the statute book of British India until a generation later, following the Indian Rebellion of 1857. The draft then underwent a very careful revision at the hands of Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court, and the future puisne judges of the Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860. The Code came into operation on 1 January 1862. Macaulay did not survive to see the penal code he wrote come into force, having died near the end of 1859. The code came into force in Jammu and Kashmir on 31 October 2019, by virtue of the Jammu and Kashmir Reorganisation Act, 2019, and replaced the state's Ranbir Penal Code.

Objective

The objective of this Act is to provide a general penal code for India. Though not the initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India. This was done because the Code does not contain all the offences and it was possible that some offences might have still been left out of the Code, which were not intended to be exempted from penal consequences. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offences have been created in addition to the code.

Structure

The Indian Penal Code of 1860, sub-divided into 23 chapters, comprises 511 sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences. The Outline is presented in the following table:

Chapter	Sections covered	Classification of offences
Chapter I	Sections 1 to 5	Introduction
Chapter II	Sections 6 to 52	General Explanations
Chapter III	Sections 53 to 75	Of Punishments
Chapter IV	Sections 76 to 106	General Exceptions of the Right of Private Defence
Chapter V	Sections 107 to 120	Of Abetment
Chapter VA	Sections 120A to 120B	Criminal Conspiracy
Chapter VI	Sections 121 to 130	Of Offences against the State
Chapter VII	Sections 131 to 140	Of Offences relating to the Army, Navy and Air Force
Chapter VIII	Sections 141 to 160	Of Offences against the Public Tranquillity
Chapter IX	Sections 161 to 171	Of Offences by or relating to Public Servants
Chapter IXA	Sections 171A to 171I	Of Offences Relating to Elections
Chapter X	Sections 172 to 190	Of Contempts of Lawful Authority of Public Servants
Chapter XI	Sections 191 to 229	Of False Evidence and Offences against Public Justice
Chapter XII	Sections 230 to 263	Of Offences relating to coin and Government Stamps
Chapter XIII	Sections 264 to 267	Of Offences relating to Weight and Measures
Chapter XIV	Sections 268 to 294	Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals.
Chapter XV	Sections 295 to 298	Of Offences relating to Religion
Chapter XVI	Sections 299 to 377	Of Offences affecting the Human Body. Of Offences Affecting Life including murder, culpable homicide Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births Of Hurt Of Wrongful Restraint and Wrongful Confinement Of Criminal Force and Assault Of Kidnapping, Abduction, Slavery and Forced Labour Sexual Offences including rape and Sodomy
Chapter XVII	Sections 378 to 462	Of Offences Against Property Of Theft Of Extortion Of Robbery and Dacoity Of Criminal Misappropriation of Property Of Criminal Breach of Trust Of the Receiving of Stolen Property Of Cheating Of Fraudulent Deeds and Disposition of Property Of Mischief Of Criminal Trespass
Chapter XVIII	Section 463 to 489 -E	Offences relating to Documents and Property Marks Offences relating to Documents Offences relating to Property and Other Marks Offences relating to Currency Notes and Bank Notes
Chapter XIX	Sections 490 to 492	Of the Criminal Breach of Contracts of Service
Chapter XX	Sections 493 to 498	Of Offences related to marriage
Chapter XXA	Sections 498A	Of Cruelty by Husband or Relatives of Husband
Chapter XXI	Sections 499 to 502	Of Defamation
Chapter XXII	Sections 503 to 510	Of Criminal intimidation, Insult and Annoyance
Chapter XXIII	Section 511	Of Attempts to Commit Offences

A detailed list of all IPC laws which include above is here.

Controversies

Various sections of the Indian Penal Code are controversial, often garnering calls for their repeal, and for them to be declared unconstitutional.

Unnatural Offences (Sodomy) - Section 377

Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

Section 377 The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same sex individuals.
On 11 December 2013, Supreme Court of India over-ruled the judgment given by Delhi High court in 2009 and clarified that "Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality". The Bench said: "We hold that Section 377 does not suffer from ... unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable." It, however, said: "Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati."
On 8 January 2018, the Supreme Court agreed to reconsider its 2013 decision and after much deliberation agreed to decriminalise the parts of Section 377 that criminalised same sex relations on 6 September 2018. The judgement of Suresh Kumar Koushal v. Naz Foundation is overruled.
Attempt to Commit Suicide - Section 309

The Section 309 of the Indian Penal Code deals with unsuccessful suicides, whereby attempting to commit suicide was punishable with imprisonment up to one year. Considering long-standing demand and recommendations of the Law Commission of India, which has repeatedly endorsed the repeal of this section, the Government of India in December 2014 decided to decriminalise attempts to commit suicide by dropping Section 309 of the IPC from the statute book. Though this decision found favour with most of the states, a few others argued that it would make law enforcement agencies helpless against people who fast unto death, self-immolate, etc., pointing out the case of anti-AFSPA activist Irom Chanu Sharmila. In February 2015, the Legislative Department of the Ministry of Law and Justice was asked by the Government to prepare a draft Amendment Bill in this regard.
In an August 2015 ruling, the Rajasthan High Court made the Jain practice of undertaking voluntary death by fasting at the end of a person's life, known as Santhara, punishable under sections 306 and 309 of the IPC. This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the Supreme Court against the order. On 31 August 2015, the Supreme Court admitted the petition by Akhil Bharat Varshiya Digambar Jain Parishad and granted leave. It stayed the decision of the High Court and lifted the ban on the practice.
In 2017 the new Mental Healthcare Act of India was signed. It effectively decriminalised suicide, saying "any person who attempts to commit suicide shall be presumed.. to have severe stress and shall not be tried and punished under the said Code."

Adultery - Section 497

The Section 497 of the Indian Penal Code has been criticised on the one hand for allegedly treating woman as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery. This section was unanimously struck down on 27 September 2018 by a five judge bench of the Supreme Court in case of as being unconstitutional and demeaning to the dignity of women. Adultery continues to be a ground for seeking divorce in a Civil Court, but is no longer a criminal offence in India.
In 2020 alone two review petitions were submitted at the Supreme Court challenging the decriminalization of Adultery. However both of them couldn't stand as there was no substantial ground for appeal.

Death penalty

Sections 120B, 121, 132, 194, 302, 303, 305, 364A, 396, 376A have death penalty as punishment. There is ongoing debate for abolishing capital punishment.

Criminal justice reforms

In 2003, the Malimath Committee submitted its report recommending several far-reaching penal reforms including separation of investigation and prosecution to streamline criminal justice system. The essence of the report was a perceived need for shift from an adversarial to an inquisitorial criminal justice system, based on the Continental European systems.

Amendments

The Code has been amended several times.

S. No.	Short title of amending legislation	No.	Year
1	The Repealing Act, 1870	14	1870
2	The Indian Penal Code Amendment Act, 1870	27	1870
3	The Indian Penal Code Amendment Act, 1872	19	1872
4	The Indian Oaths Act, 1873	10	1873
5	The Indian Penal Code Amendment Act, 1882	8	1882
6	The Code of Criminal Procedure, 1882	10	1882
7	The Indian Criminal Law Amendment Act, 1886	10	1886
8	The Indian Marine Act, 1887	14	1887
9	The Metal Tokens Act, 1889	1	1889
10	The Indian Merchandise Marks Act, 1889	4	1889
11	The Cantonments Act, 1889	13	1889
12	The Indian Railways Act, 1890	9	1890
13	The Indian Criminal Law Amendment Act, 1891	10	1891
14	The Amending Act, 1891	12	1891
15	The Indian Criminal Law Amendment Act, 1894	3	1894
16	The Indian Criminal Law Amendment Act, 1895	3	1895
17	The Indian Penal Code Amendment Act, 1896	6	1896
18	The Indian Penal Code Amendment Act, 1898	4	1898
19	The Currency-Notes Forgery Act, 1899	12	1899
20	The Indian Penal Code Amendment Act, 1910	3	1910
21	The Indian Criminal Law Amendment Act, 1913	8	1913
22	The Indian Elections Offences and Inquiries Act, 1920	39	1920
23	The Indian Penal Code Act, 1921	16	1921
24	The Indian Penal Code Act, 1923	20	1923
25	The Indian Penal Code Act, 1924	5	1924
26	The Indian Criminal Law Amendment Act, 1924	18	1924
27	The Workmen's Breach of Contract Act, 1925	3	1925
29	The Obscene Publications Act, 1925	8	1925
29	The Indian Penal Code Act, 1925	29	1925
30	The Repealing and Amending Act, 1927	10	1927
31	The Criminal Law Amendment Act, 1927	25	1927
32	The Repealing and Amending Act, 1930	8	1930
33	The Indian Air Force Act, 1932	14	1932
34	The Amending Act, 1934	35	1934
35	The Government of India Order, 1937		1937
36	The Criminal Law Amendment Act, 1939	22	1939
37	The Offences on Ships and Aircraft Act, 1940	4	1940
38	The Indian Merchandise Marks Act, 1941	2	1941
39	The Indian Penal Code Act, 1942	8	1942
40	The Indian Penal Code Act, 1943	6	1943
41	The Indian Independence Order, 1948		1948
42	The Criminal Law Act, 1949	17	1949
43	The Indian Penal Code and the Code of Criminal Procedure Act, 1949	42	1949
44	The Adaptation of Laws Order, 1950		1950
45	The Repealing and Amending Act, 1950	35	1950
46	The Part B States Act, 1951	3	1951
47	The Criminal Law Amendment Act, 1952	46	1952
48	The Repealing and Amending Act, 1952	48	1952
49	The Repealing and Amending Act, 1953	42	1953
50	The Code of Criminal Procedure Act, 1955	26	1955
51	The Adaptation of Laws Order, 1956		1956
52	The Repealing and Amending Act, 1957	36	1957
53	The Criminal Law Amendment Act, 1958	2	1958
54	The Trade and Merchandise Marks Act, 1958	43	1958
55	The Indian Penal Code Act, 1959	52	1959
56	The Indian Penal Code Act, 1961	41	1961
57	The Anti-Corruption Laws Act, 1964	40	1964
58	The Criminal and Election Laws Amendment Act, 1969	35	1969
59	The Indian Penal Code Act, 1969	36	1969
60	The Criminal Law Act, 1972	31	1972
61	The Employees' Provident Funds and Family Pension Fund Act, 1973	40	1973
62	The Employees' State Insurance Act, 1975	38	1975
63	The Election Laws Act, 1975	40	1975
64	The Criminal Law Act, 1983	43	1983
65	The Criminal Law Act, 1983	46	1983
66	The Dowry Prohibition Act, 1986	43	1986
67	The Employees' Provident Funds and Miscellaneous Provisions Act, 1988	33	1988
68	The Prevention of Corruption Act, 1988	49	1988
69	The Criminal Law Act, 1993	42	1993
70	The Indian Penal Code Act, 1995	24	1995
71	The Information Technology Act, 2000	21	2000
72	The Election Laws Act, 2003	24	2003
73	The Code of Criminal Procedure Act, 2005	25	2005
74	The Criminal Law Act, 2005	2	2006
75	The Information Technology Act, 2008	10	2009
76	The Criminal Law Act, 2013	13	2013
77	The Criminal Law Act, 2018		2018

Acclaim

The Code is universally acknowledged as a cogently drafted code, ahead of its time. It has substantially survived for over 150 years in several jurisdictions without major amendments. Nicholas Phillips, Justice of Supreme Court of United Kingdom applauded the efficacy and relevance of IPC while commemorating 150 years of IPC. Modern crimes involving technology unheard of during Macaulay's time fit easily within the Code mainly because of the broadness of the Code's drafting.

Cultural references

Some references to specific sections of the IPC have entered popular speech in India, Pakistan and Bangladesh. For instance, con men are referred to as 420s after Section 420 which covers cheating. Similarly, specific reference to section 302, which covers the death penalty, have become part of common knowledge in the region due to repeated mentions of it in Bollywood movies and regional pulp literature. Dafa 302 was also the name of a Bollywood movie released in 1975. Similarly, Shree 420 was the name of a 1955 Bollywood movie starring Raj Kapoor. and Chachi 420 was a Bollywood movie released in 1997 starring Kamal Haasan.

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