Introduction The criminal law outlines different punishments for various crimes. But a person may not always be punished for a crime that he/she has committed. The Indian Penal Code, 1860 recognize…
Indian Penal Code ( IPC )
The Indian Penal Code (IPC) 1860 is the main criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Chairmanship of Lord Macauley. It came into force in the year 1862. The Code has since been amended several times and is now supplemented by other criminal provisions.
Principle of group liability – Common Intention, Common Object and Unlawful Assembly
Section 34 is an instance of constructive criminality, i.e. liability of all for the acts of one or some of them. Sections 149, 349 and 460 of IPC also deal with constructive criminality. The essen…
Culpable Homicide and Murder – Meaning and Difference
Homicide is the highest order bodily injury that can be inflicted on a human body. It has from earliest times been considered most heinous offences. The word comes from Latin where ‘homo’ means ‘ma…
Exceptions to Offence of Murder under Section 300 IPC
Clauses 1-4 of Section 300 provide the essential ingredients, wherein culpable homicide amounts to murder. Section 300 after laying down the cases in which culpable homicide becomes murder, states …
Rash or Negligent Act – Section 304A, IPC
Section 304A, IPC deals with homicide by rash and negligent act. It provides punishment for those cases which under English law are termed manslaughter by negligence. The original Penal Code had no…
Hurt and Grievous Hurt
Section 319 to 338 of Indian Penal Code deals with hurt in various forms. Section 319 defines simple hurt as causing bodily pain, disease, or infirmity, and section 321 makes voluntary causing of h…
Assault, Sexual Harassment, Disrobing, Voyeurism and Stalking – Meaning and Provisions
Section 354, IPC has been enacted with a view to protect a woman against indecent assault as well as to safeguard public morality and decent behavior. In 2013 vide section 7 of the Criminal Law (Am…
Kidnapping and Abduction – Provisions and Differences
Section 359 to 369 of the code have made kidnapping and abduction punishable with varying degree of severity according to nature and gravity of the offence. The underlying object of enacting these …
Cruelty and Dowry Death – Explanation with Case Laws
In 1986, a new offence known as “Dowry Death” was inserted in the Indian Penal Code as section 304-B by the Dowry Prohibition (Amendment) Act, 1986 (43 of 1986) with effect from November 19, 1986. …
Rape – Meaning, Essentials and Punishment
Rape – Meaning The word rape which is derived from the Latin term rapio which means ‘to seize’. Thus rape literally means a forcible seizure. It signifies in common terminology, ‘as ravishmen…
Robbery and Dacoity – Meaning and important provisions
Robbery in common language means to deprive a person of his or her property. The chief distinguishing element in robbery, theft and extortion is the presence of imminent fear of violence. In all ro…
Theft and Extortion
Theft comes under the purview of offences against property which extends from section 378 to section 462. Theft has been dealt under section 378 to 382. Theft is an offence in which movable propert…
Criminal Misappropriation and Criminal Breach of Trust
Meaning The word “misappropriation” means a dishonest appropriation and use of another’s property for the sole purpose of capitalizing it for one’s own use. Criminal misappropriat…
Cheating and related provisions
Introduction – Hawkins defines cheating as deceitful practices in defrauding or endeavoring to defraud another of his own right by means of some artful device contrary to the plane rule of co…
Sedition – Legal Provisions and Case Laws
Meaning Sedition in the ordinary sense means a stirring up of rebellion against the Government. Sedition is an offence against the state. Sedition is nothing but libel (defamation) of the establish…
Attempt in Criminal Law
Introduction An attempt to commit a crime is itself a crime. According to Salmond an attempt is an act of such a nature that it is itself evidence of the criminal intent with which it is done. Once…
Common Intention And Common Object Under The IPC (Discussion and Comparison)
Common Intention And Common Object Under The IPC According to Section 34, when a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable fo…