Category Archives: 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.

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 certain exceptional situations under which, if murder is committed, it is reduced to culpable homicide not amounting to murder punishable under section 304, IPC and not under section 302,… Read More »

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 provision for punishment in those cases where a person causes death of another by negligence. That is to say, liability for causing death was limited only… Read More »

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 ravishment of a woman without her consent, by force, fear, or fraud’ or “the carnal knowledge of a woman by force against her will”. In other words,… Read More »

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 property of a person is taken away without his consent.  Theft has been defined in Section 378 of IPC. Simultaneously the punishment for the commitment… Read More »

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 misappropriation text place when the position has come innocently, but it continued due to subsequent change of intention or after knowledge of some new facts with which the party was not previously acquainted.… Read More »

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 plain rule of common honesty. [Smith and Hogan, criminal law 10th edition; 2003 page 568 to 569]. Cheating at common law was a misdemeanor and punishable by imprisonment and fine. I. Section… Read More »