GOVERNMENT OF INDIA, MINISTRY OF LAW. Page 2. Page 3. Page 4. Page 5. Page 6. Page 7. Page 8. Page 9. Page Page Page Page Title and extent of operation of the CodeThis Act shall be called the Indian Penal Code, and shall 3*[extend to the whole of. India 4*[except the State of Jammu. Full text containing the act, Indian Penal Code, , with all the sections, schedules, Punishment of offences committed beyond but which by law may be tried.
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This Act shall be called the Indian Penal Code, and shall 1[extend to the whole any act committed beyond 2(India) in the same manner as if such act had been. The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted in on the recommendations of first law commission of India established in under the Charter Act of .. "The Indian Penal Code" ( PDF). raudone.info (Common Law Offences).. defined in the Indian Penal Code (45 of ) have the Indian Penal Code IPC - Penal Code IPC laws Indian Bare Acts at.
In criminal law intention or mens rea of the accused is very important but merely proving the existence of mens rea or guilty intention is not sufficient to bring the accused to books. Rather even if one has an intention to commit a wrong but does not act towards the commission of the same via the various stages mentioned above the same would not constitute an offence hence there has to be an actus reus on behalf of the accused person either in the form of preparation, attempt or commission.
There are two types of offences namely cognizable and non- cognizable wherein the police have the power to arrest without warrant and where arrest should be preceded by a warrant issued by the Court of Law respectively. Similarly the offences are also classified on the ground of bailable and non bailable offences.
Indian Penal code (IPC) in Hindi - भारतीय दंड संहिता
Criminal Procedure Code: It lays down as to what are the provisions and rules to be followed at the time of arrest, how accused should be produced before the Magistrate within 24 hours, how a panchanama is to be prepared for arrest, whether there is a requirement of the relative or next friend of the accused at the time of arrest and or at least an information to such prior to arrest, whether it is mandatory to conduct medical examination of the accused of rape and victims of rape. It also provides how statement of witnesses are to be recorded, how FIR is to be recorded, importance of station diary entries and most importantly the trials.
There are three important types of trials i.
The trials are decided upon the gravity of offences and the punishment prescribed for the same. When an offence takes place and or is reported and the investigation is initiated such investigation under Section of the Cr.
To understand the concept better it can be said that from the stage of filing of FIR to framing of charge the Charge, the various stages are within the ambit of Pre Trial Stage.
To understand how the trials are differentiated, one has to understand the concept of the offence and the types of offences. Furthermore, the offences are classified as Cognizable and Non Bailable. The offences where punishment is more than 7 years till death, such offences are tried as Warrant Trials which includes Sessions and where punishment is not more than 2 years such offences are tried as Summary or Summons trials. Warrant Trials are of two types: The difference between the two is that once the FIR is registered and Final Report if submitted by police before the Magistrate the same has to be considered as State Case and the same is the baby of the Public Prosecutor whereas in complaints filed before the Court and procedure under Section , etc is followed and evidence is lead by the private party the same becomes a private case where the state does not have any role to play whereas in a private complaint filed by a Complainant, upon pleading for 3 i.
Stages of Pre- Trial: Upon the Person going to the police station: Cases triable by Sessions Court are considered as Sessions Trial. This is an important stage wherein the prosecution provides a list of documents like panchanamas, FIR, statements of witnesses, etc thereby calling upon the defence to admit or deny the contents of the same.
Indian Penal Code
The following are the important stages of trial: Herein the accused is explained the various offences he has been charged by explaining the section or the contents of the same in the language the accused understands thereby giving an opportunity to the accused to understand what he is going to be proved against him and what is he facing the trial for.
The evidence is recorded by the Court in the language of the Court English and the vernacular. At this juncture the Indian Evidence Act can come to the aid of the prosecutor and the defence to show what is relevant, irrelevant, what is admissible and what is not admissible and hence good knowledge of the Evidence Act comes handy for the lawyers. The said procedure is not conducted by tendering oath to the accused as the same would be against the basic principles of self-incrimination.
After considering the of the accused the defence counsel would decide whether to tender any witnesses or evidence on behalf of the accused. In short burden upon prosecution to prove the case is heavy.
Commentaries On The Indian Penal Code Act Xlv Of 1860 12th Edn
The accused has to bring his case within the parameters of preponderance of probabilities i. The prosecution has to prove the case either to be black or white but the defence has to bring the case in the grey area.
Sections from to lay down the general principles of burden of proof. Further provides the concept of presumption and adverse inference upon failure to provide evidence.
There is a concept of Estoppel i. A list of all the Sections in Indian Penal Code, , a. The book presents a detailed section-wise analysis of the Indian Penal Code C 59, Transportation instead of imprisonment.
However the need to have this offence was felt later on and this chapter V-A relating to criminal conspiracy with only two sections in it i. Using this app read IPC and get knowledge regarding criminal law.
Bailable or non-bailable. Indian penal code is efficiently divided into chapters depending upon its application and exercises.
Sign up now to enroll in courses, follow best educators, interact with the community and track your progress. May 30, at PM. By what court triable. Cognizable or non-cognizable.
Each one exists as a separate item yet is wholly dependent on the other. Motor Vehicles Act, 59 of is a Central legislation through which the road transport is regulated in the country.False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation There are certain provisions like Section 32 onwards which deal with the last statements of the persons whose presence cannot be secured before the Court of Law or the statement given by a person who has died after giving his statement.
Similarly, a Muslim female contracting a second marriage can be proceeded with for offence under Section IPC. The code was drafted in on the recommendations of first law commission of India established in under the Charter Act of under the Chairmanship of Lord Thomas Babington Macaulay.
The Indian Evidence Act is neither a substantive nor procedural law but primarily guides as to what is to be taken into consideration as evidence appreciation of evidence by the Court of Law.
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