FAQS on Indian Penal Code (IPC)
Who introduced Indian Penal Code?
The Indian Penal code came into force in 1860 on recommendations of the first law commission of India. The code was introduced by and under the chairmanship of Lord Thomas Macaulay. The code defines offences and provides provisions for the punishments for such offences. Indian Penal Code is applicable to all the citizens of India.
How many Sections are there in Indian Penal Code?
Indian Penal Code has given the definition of crime and has classified such crimes into 23 chapters. Each chapter deals with crimes of similar nature. The code also lays down the punishment for committing such crimes. Since the enactment of the code, a number of changes have been made to it. At Present, Indian Penal Code consists of 511 section divided into 23 chapters.
What is the difference between Indian Penal Code and Criminal Procedure Code?
The society is a group of people living together and the basic need of human being is peace and security. Though human nature is competitive and self-assertive, due to which conflicts in the society takes place disturbing the peace and harmony of the society. Thus, to stop the people from disturbing society’s peace and from indulging into any criminal activities, the Indian Penal Code and Code of Criminal Procedure were enacted during the British Raj in India, which prescribed punishments for the offences and laid down the procedure to be followed in a criminal case.
Indian Penal Code
Indian Penal Code is a substantive law. A substantive law is a law which defines rights and responsibilities in civil law, and crimes and punishments in criminal law. Therefore, Indian Penal Code is the law that states the punishable offences, along with their punishments or penalty or both. It explains all possible crimes and their related punishments. Under this code, the punishments are divided into five major sections, i.e. death, imprisonment for life, general imprisonment, forfeiture of property and fine.
Criminal Procedure Code
Criminal procedure Code is a procedural law. A procedural law is a law which lays down the set of procedures for enforcing substantive law. Therefore, Criminal Procedure Code is the law that describes the overall procedure which is to be followed while dealing with a criminal case. It deals with the set of rules that direct the series of proceedings, that take place during a criminal offence. It aims at setting up the necessary machinery for investigating cases, arresting criminals, presenting criminals before the courts, collecting evidence, imposing penalties or punishments on the accused, the entire procedure regarding bail, and so on.
The code classifies offences into two categories i.e. cognizable and non-cognizable. Cognizable offences are those offences for which a police officer may arrest without a warrant. Non-cognizable offences are, generally, relatively less serious offences than cognizable offences.
What is the punishment given to the person convicted for corporal punishment as per the Indian Penal Code?
Corporal Punishment has evolved greatly. It means, “Any punishment in which physical force is used and intended to cause some degree of pain or discomfort”. It hasbeen broadly classified into 3 types, Physical, Mental and Discriminatory.
Various sections of the Indian Penal Code penalize the culprits of Corporal Punishment. They are as follows-
Section 305: Abetment of suicide of child or insane person.
When any person encourages the suicide of a child under the age of 18 years, or any insane person who in state of intoxication commits suicide, will be liable for punishment of death penalty or life imprisonment or with an imprisonment for 10 years and fine.
Section 323: Voluntarily causing hurt.
When any person except in case of grave and sudden provocation, voluntarily causes hurt to any person, will be liable for imprisonment for 1 year and fine up to 1000 rupees.
Section 325: Voluntarily causing grievous hurt.
When any person except in case of grave and sudden provocation, voluntarily causes grievous hurt to any person, will be held liable for imprisonment for a term of 7 years and fine.
Section 352: Assault or use of criminal force otherwise than a grave provocation.
When a person assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, will be liable for imprisonment for a term of 3 months and fine which may extend to 500 rupees.
Section 354: Assault or criminal force to woman with intent to outrage her modesty.
Any person who assaults or uses criminal force against any women, with intention to outrage her modesty, with the knowledge that by the act he will outrage her modesty, will be liable of imprisonment for a term not be less than 1 year but which may extend to 5 years and fine.
Section 506: Criminal intimidation.
When any person commits the offence of criminal intimidation will be liable to imprisonment for a term of 2 years, and fine.
Section 509: Word, gesture or act intended to insult the modesty of a woman.
Any person who intend to insult the modesty of any women, utters any word, makes any sound or gesture, or exhibits any object, or intrudes upon the privacy of such woman will be punished with imprisonment for 3 years and fine.
Which sections under the Indian Penal Code protect women?
The following sections of the IPC deal with offences against women:
1.Section 354 of the IPC criminalizes any act by a person that assaults or uses criminal force against a woman with the intention or knowledge that it will outrage her modesty. Such an act is punishable with either simple or rigorous imprisonment of up to 2 years, or a fine, or both.
2. Sexual harassment is defined under Section 354A of the IPC as a man committing any of the following acts:
(i) Physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) A demand or request for sexual favours; or
(iii) Showing pornography against the will of a woman; or
(iv) Making sexually coloured remarks, This law covers a wide ambit of acts that constitute sexual harassment, including unwanted verbal or physical advances of any kind. This law is not limited by location at which the sexual harassment takes place, unlike the law to prevent sexual harassment at work places which is explained in a later section.
The punishment for (i), (ii) and (iii) as given above is rigorous imprisonment for a term that may extend to 3 years, or a fine, or both while the punishment for (iv) is either simple or rigorous imprisonment for a term which may extend to 1 year, or a fine, or both.
3. Section 354B of the IPC criminalizes assault or use of criminal force against a woman with the intention of disrobing her, i.e. with the intention of depriving her of her clothing or forcing her to be naked. Such an act is punishable with both simple or rigorous imprisonment of 3 to 7 years and a fine. Aiding such a crime also carries the same punishment.
4. Section 354C of the IPC criminalizes the act of voyeurism. It defines it as a man watching or capturing the image of a woman engaged in a private act in circumstances where she would usually not expect to be observed by the perpetrator or by any other person on the orders of the perpetrator or the distribution of an image so captured by the perpetrator. The punishment for committing this offence is simple or rigorous imprisonment of 1 to 3 years and a fine. Repeated offenders are punished with simple or rigorous imprisonment of 3 to 7 years and a fine.
5. Section 354D of the IPC criminalizes stalking of a woman by a man. It defines the Act to include continuous following or contacting a woman by a man or attempts to contact a woman to build a personal relationship with that women even when the woman has shown a clear lack of interest. It also include acts of monitoring a woman’s electronic communication, i.e. communication over emails, social media etc.
6. Section 370 of the IPC defines human trafficking as the action or practice of transporting people illegally or without their consent across areas mainly to be used in the labour or commercial sex industry. The Immoral Traffic (Prevention) Act, 1956 is the law regulating human trafficking in India.
7. Section 375 of the IPC defines rape to include any or all of the following acts, by a man against a woman:
a. Penetration of a man’s sexual organ (penis) into a woman’s mouth, vagina, urethra or anus or making her do so with him or someone else; or
b. Inserting any object, not the penis, into a woman’s vagina, urethra or anus or making her do so with him or someone else; or
c. Manipulating any body part of the woman to cause penetration into her vagina, urethra, anus or any other body part or making her do so with him or someone else; or
d. Applying his mouth to a woman’s vagina, urethra or anus or making her do so with him or someone else.
The punishment is rigorous imprisonment of 7 years to life and the person will also be liable to pay a fine.
Can a statement amount to defamation if made against a dead person?
An imputation that is likely to harm the reputation of an individual had he/she been alive can amount to defamation, yes. Also, if the statement was intended to hurt feelings of family members of the dead person then it may amount to defamation.
If a person hides first marriage and contracts second marriage, can an action be taken against him under IPC?
The offence known as ‘bigamy’ is committed when a person having a husband or wife living, marries in any case in which marriage is void by reason of it taking place during the life of such husband or wife. Such person is punishable with imprisonment of either description up to seven years and fine. (Section 494 of IPC)
What specific provisions of law deal with domestic violence?
In 1983, domestic violence was recognized as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this law:
- Conduct that is likely to drive a woman to suicide,
- Conduct which is likely to cause grave injury to the life, limb or health of the woman,
- Harassment with the purpose of forcing the woman or her relatives to give some property, or
- Harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.
The punishment is imprisonment for up to three years and a fine. The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf.
What can be done in the case of dowry-related harassment or dowry death?
Section 498-A of the Indian Penal Code covers dowry-related harassment. As with other provisions of criminal law, a woman can use the threat of going to court to deter this kind of harassment. The Indian Penal Code also addresses dowry deaths in section 304-B. If a woman dies of “unnatural causes” within seven years of marriage and has been harassed for dowry before her death, the Courts will assume that it is a case of dowry death. The husband or in-laws will then have to prove that their harassment was not the cause of her death. A dowry death is punishable by imprisonment of at least seven years. When filing an FIR (First Hand Report), in a case where a woman is suspected to have been murdered after a history of torture due to dowry demands, the complaint should be filed under section 304-B rather than under section 306, which deals with abetment to suicide. Section 306 should be invoked when a woman commits suicide because of dowry-related harassment.
Can you refuse to have sex with your husband? Is there a law on marital rape?
Since India does not have a law on marital rape, even if a woman’s husband has sexual intercourse with her without her consent, he cannot be prosecuted for rape. However, excessive and unreasonable demands for sex, or demands for unnatural sex have been considered forms of cruelty and may entitle a woman to a divorce.
If a woman is judicially separated, her husband cannot have sexual intercourse with her without her consent. If he does, he can be prosecuted under section 376-A of the IPC. Note that consent under pressure (e.g. because of threats to injure or to stop paying maintenance) is not considered valid.