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The Indian Penal Code
Description: Here is the entire Indian Penal Code available for download
Number of Pages: 206 pages

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THE INDIAN PENAL CODE

THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860 1* [6th October, 1860.]

CHAPTER I

INTRODUCTION

CHAPTER I INTRODUCTION

Preamble.-WHEREAS it is expedient to provide a general Penal Code for 2*[India]; It is enacted as follows:--

1.
Title and extent of operation of the Code.
Title and extent of operation of the Code.--This Act shall be called the Indian Penal Code, and shall 3*[extend to the whole of India 4*[except the State of Jammu and Kashmir]].
Punishment of offences committed within India.
Punishment of offences committed within India.--Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within 5*[India] 6****.

Punishment of offences committed beyond, but which by law may be tried within, India.
Punishment of offences committed beyond, but which by law may be tried within, India.--Any person liable, by any 7*[Indian law], to be tried for an offence committed beyond 5*[India] shall be dealt with according to the provisions of this Code for any act committed beyond 5*[India] in the same manner as if such act had been committed within 5*[India].

Extension of Code to extra-territorial offences.

8*[4. Extension of Code to extra-territorial offences.--The provisions of this Code apply also to any offence committed by--

9*[(1) any citizen of India in any place without and beyond India;

(2) any person on any ship or aircraft registered in India wherever it may be.]

1. The Act has been amended in its application to Madras by Madras Act 25 of 1960, U. P. by U. P. Acts 31 of 1961, 29 of 1970 and 47 of 1975, Andhra Pradesh by Andhra Pradesh Act 16 of 1968, Maharashtra by Maharashtra Act 19 of 1971, Mysore by Mysore Act 8 of 1972, West Bengal by West Bengal Act 42 of 1973.

The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch., extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963,

s. 2 and Sch. I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10- 1967).

The Act comes into force in Pondicherry vide Reg. 7 of 1963,

s. 3 and Sch. I (w.e.f. 1-10-1963).
Subs. by Act 3 of 1951, s. 3 and Sch., for "the whole of India except Part B States".
Subs. by the A. O. 1948, for "take effect * * * throughout British India". The words and figures "on and from the first day of May, 1861" occurring between the words "effect" and "throughout" were rep. by Act 12 of 1891.
Subs. by Act 3 of 1951, s. 3 and Sch., for "except Part B States".
Subs. by s. 3 and Sch., ibid., for "the States".
The words and figures "on or after the said first day of May, 1861" omitted by Act 12 of 1891.
Subs. by the A. O. 1937, for "law passed by the Governor-General of India in Council".
Subs. by Act 4 of 1898, s. 2, for the original s. 4.
Subs. by the A. O. 1950, for the original cls. (1) to (4).

Explanation.

Explanation.--In this section the word "offence" includes every act committed outside 1*[India] which, if committed in 1*[India] would be punishable under this Code.

2*[Illustration]

3***A, 4*[who is 5*[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 1*[India] in which he may be found.

6* * * * *

Certain laws not to be affected by this Act.

7*[5. Certain laws not to be affected by this Act.--Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provision of any special or local law.]

CHAPTER II

GENERAL EXPLANATIONS

CHAPTER II

GENERAL EXPLANATIONS

Definitions in the Code to be understood subject to exceptions.

6. Definitions in the Code to be understood subject to exceptions.--Throughout this Code every definition of an offence,every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions", though those exceptions are not repeated in such definition, penal provision, or illustration.

Illustrations
(a)
The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which done by child under seven years of age.
(b)
A, a police-officer, without warrant, apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it".

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