Indian Penal Code

(1860)
Subject: History-I
Submitted to:
Mr. Hota Agni Kumar

Submitted by:
M. Ujwal Chowhan
B.A., LL.B. I Year
I Semester
Roll no: 2015-5LLB-114

National Academy of Legal Studies and Research University of

Law
Hyderabad

TABLE

OF

CONTENTS

CHAPTER 1 : INTRODUCTION 2
1.1 : HISTORY......................................................................................................................3
CHAPTER 2 : ANALYSIS 4
2.1 : ANALYSIS OF THE THEME IN GENERAL ..........................................................4

2.1.1 : THE INDIAN EVIDENCE ACT..............................................................................4

2.1.2 : IMPORTANCE OF THE INDIAN EVIDENCE ACT................................................4
2.1.3 : INDIAN EVIDENCE ACT CLASSIFICATION.........................................................5
CHAPTER 3 : FACTS ABOUT INDIAN PENAL CODE........................................................5
CHAPTER 4 : CONCLUSION....................................................................................................7

CHAPTER : 1 : INTRODUCTION
The India Penal Code has been in the light since the time of the British Raj. It is known to have
originated from a British legislation account in its colonial conquest which was a long time ago
in the year 1860. The first introductory draft of the Indian Penal Code were formulated in 1860s
and it was done under the supervision of the First Law Commission. The commission was led by
Lord Macaulay. The first penal code came to existence in the year 1862. A lot of amendments
have been made since then to incorporate many changes and jurisdiction causes. One
amendment in this case is the inclusions of section 498-A. The total number of sections in the
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Indian Penal Code are five hundred eleven. All sections pertain to a particular category of crimes
committed by Indian citizens. There are sections which are related to Dowry Laws and
jurisdictions in India, and also there are many sections which are concerned with various types of
criminal laws. The Indian Penal Code is the most fundamental document of all the law
enforcement as well as the entire judiciary in India. The IPC is like the backbone of the entire
Indian criminal justice system. A person encounters this Indian Penal Code generally either in
news reports or if he gets himself involved in a criminal case which attract the sections in the
Indian Penal Code. The Indian Penal Code is a document that has been formulated to counter the
crimes of different natures and breach of law. The most important feature of the IPC is its
judgments which are promoted by the document are totally impartial in nature. Thus, the Indian
Penal Code stands alike for everyone from a common man to a high ranking judicial officer. The
Indian Penal Code builds the faith of the common man in the bodies which make and enforce
laws in India. Also, in turn to prevent any kind of corruption and wrong use of power by the
people in power. In all, the Indian Penal Code is almost free of all its flaws and it has changed
into a modern law enforcing document which takes the humane and cruel side of the
personalities of the culprits into consideration as well. This has elevated the Indian Law system
to great heights and has led to a strong respect for it in every citizen of India. In spite of the great
effort that the law makers and law enforcers have put into the Indian Penal Code, it has been
constantly tested and put under criticism at various instances.

CHAPTER : 1 : INTRODUCTION
1.1 : HISTORY
The main criminal code in India is the Indian Penal Code. It is comprehensive. It intends to cover
all the aspects of criminal law which are of high importance. The Indian Penal Code draft was
made in the year 1860 on the recommendation of the First Law Commission of India. Under the
Charted Act of 1833 the First Law Commission of India was established in 1834 which was
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headed by the Chairman Lord Thomas Macaulay. The Indian Penal Code came into force during
the early British rule period in 1862. But, this was not directly applied to the Princely States
which had their own legal systems and courts until the late 1940s. The Code has gone through
amendments several times and is now backed up by many other criminal provisions. Jammu And
Kashmir has made a separate code named Ranbir Penal Code (RPC) which is based on the Indian
Penal Code. Lal Kalla, Krishan. ADDIN ZOTERO_TEMP
The first draft of the Indian Penal Code was presented to the Governor-General of India in 1837,
but the draft was revised once again. It was completed in the year 1850 and the code was
submitted to the Legislative Council in the year 1856, but the draft did not take its position on
the Statute book of British India. Only a generation later did it get its place in the statute book,
following the Indian Rebellion of 1857. The draft had to then undergo a very careful in the hands
of Barnes Peacock, who then become the first Chief Justice of the High Court of Calcutta, and
the future judges of the High Court of Calcutta who were members of the Legislative Council,
and it was passed into law on the 6th of October in 1860. The Code came into action on 1 st
January 1862. But unfortunately, Lord Macaulay couldn't live to see this masterpiece come into
action, having died almost in the end of the year 1859.1
After the withdrawal of the British, the Indian Penal Code was also adopted by Pakistan as well,
which was a part of British India and now it is called the Pakistan Penal Code. The Indian Penal
Code was also adopted by the British authorities in Burma, Ceylon, the Straits Settlements,
Singapore and Brunei.

CHAPTER : 2 : ANALYSIS

ADDIN ZOTERO_TEMP The Literary Heritage of Kashmir. Jammu and Kashmir: Mittal
Publications. p. 75. Retrieved 19 September 2014.
1 Law Commission of India - Early Beginnings". Law Commission of India. Retrieved 19
September 2014{Citation}.
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2.1 : ANALYSIS OF THE THEME IN GENERAL

The act is to be called Indian Penal Code. This Indian Penal Code extends to the whole of India
except the Princely States which had their own criminal laws. One part of the Indian Penal Code
is the Indian Evidence Act which was enacted in the year 1872.

2.1.1 : THE INDIAN EVIDENCE ACT :

The Indian Evidence Act was passed in India during the British Raj, by the Imperial Legislative
Council in the year 1872. It contains a set of rules and allied issues which govern the
admissibility of evidence in Indian courts.

2.1.2 : IMPORTANCE OF THE INDIAN EVIDENCE

ACT :
The validation and adoption of the Indian Evidence Act was a groundbreaking course of action
introduced in India. This changed the entire system of concepts concerned with admissibility of
evidences in Indian law courts. Up until then, the rules of evidences were based on traditional
legal systems of different kinds of social communities and groups in India. These were different
for different people depending on social position, religious faith and caste. A standard set of laws
which were applicable to all Indians was introduced by the Indian Evidence Act.
The Indian Evidence Act continued to stay in force even after the Indian Independence,
15 August 1947, throughout the Republic of India and Pakistan, except the Jammu and Kashmir.

2.1.3:INDIAN EVIDENCE ACT CLASSIFICATION :

In the Indian Evidence Act all the provisions can be divided into two categories namely :
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(1) Taking the evidence ( By Court )

(2) Evaluation
In Taking the Evidence Court the evidence is taken for the facts. The facts, meaning, the things
which are said before the court which are connected to the matter. The main issues are known as
"Issues of Facts" and the other facts which are relevant to it are known as " Relevant Facts ".

CHAPTER : 3 : FACTS ABOUT INDIAN PENAL

CODE
The Indian Penal Code is an indispensable document of the law enforcing and judicial section of
Indian Judiciary. It is to used as a referral by all the law enforcers and jury to enforce certain
laws and counter breaking of laws and rules. The Indian Penal Code has been in existence since
1862. The Indian Penal Code was the result of the First Law Commission of India which came to
existence in the year 1860. It produced a set of rules that were recorded in a systematic order into
a document of great national and judicial importance. This commission was headed by Lord
Macaulay. For the formation draft of the Indian Penal Code various existent law enforcing
dockets such as the French Penal Code and also the Livingstone's Code of Louisiana were used
as reference. Indian Penal Code covers all aspects of criminal law known to us and it is
applicable to all the citizens of India. This document is given a lot of importance in all the states,
which even includes Jammu and Kashmir, but the Indian Penal Code is called by a different
name there, that is, Ranbir Penal Code. It provides the law enforcers and law makers with a
fundamental document, which maps various laws and the liable punishments if there is a breach
of those laws in some or the other way.
The Indian Penal Code is applicable to all crimes committed on various ships, vessels and
aircrafts if they fall into the Indian Territory when the crime is committed on board. The Indian
Penal Code has had an enterprising modification pattern since the time when it was put into
action.
Some of the important Sections of the Indian Penal Code are :
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1. Section 120B ~ Criminal conspiracy to commit an offense

2. Section 148 ~ Rioting with deadly weapons
3. Section 302 ~ Murder
4. Section 307 ~ Attempt to murder
5. Section 309 ~ Attempt to commit suicide
6. Section 363 ~ Kidnapping
7. Section 376 ~ Rape
8. Section 379 ~ Punishment for Theft
9. Section 384 ~ Punishment for extortion
10. Section 406 ~ Criminal breach of trust ADDIN ZOTERO_TEMP

CHAPTER : 4 : CONCLUSION
Basically the Indian Penal Code is of utmost importance in the country. The Indian Penal Code is
the final account of all Laws and the punishments liable if there is a breach of any of these laws.
This report has been the basis of the whole judiciary in India and it has been used by the law
enforcers since the time of Indian Independence. The categories listed under the Indian Penal
Code have always been purposed to be versatile enough to cover all possible situations of breach
of laws. A section of Indian Penal Code, i.e. Section 377 which was related to the rights of sexual
minorities in India. This Section was considered too harsh, mainly for those people who were
suffering from extreme sexual diseases like HIV/AIDS. Due to the continuously increasing
pressure from the human rights activists, this Section had to be amended and it was successfully
put into action. There is another Section- Section 309, which penalizes a person who tried to
commit suicide and was unsuccessful. This is not at all needed and it is not humane. What is
ADDIN ZOTERO_TEMP

Important

sections

of

I.P.C

for

CLAT,

http://www.gyancentral.com/forum/law-preparation/legal-aptitude-preparation/8137-importantsections-p-c-clat.html.
6

actually needed in this case is to give the person a proper counselling in order to get back to the
main cause of the person's attempt to commit suicide. This section reflected the colonial outlook
which disabled the citizens of their rights, has been done away with.
The Indian Penal Code of the present time has been freed from almost all its flaws and
drawbacks and it has successfully evolved into a modern law enforcing fundamental document,
which takes into account the sympathetic side of the personalities of the people who have
committed heinous crimes as well. ADDIN ZOTERO_TEMP

ADDIN ZOTERO_TEMP

Indian

Penal

http://www.ipc.in/ipccriticism.html.
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Code

Faces

Criticism,