SAJMA ALI 

NEW DELHI :-Indian Penal Code 1860, Punishment on a crime and the judicial system has been in place since ancient. Times India’s penal system is mainly determined on the British penal law.

The first draft of the penal system which is in force in India at the present time was presented by Lord Macaulay in 1833, when India was a British administered state then the states had different systems of governance and punishment to eliminate this difference.

A proposal for codification of the Code was introduced in the UK Parliament to implement the Uniform Penal Code everywhere.
Impressed by this proposal of Lord Macaulay, the British Parliament formed the Law Commission of India in 1834, Lord Macaulay was elected the Chairman of this first Law Commission.

The following tasks were assigned to this Law Commission by the parliament

(1) To study and investigate the jurisdiction power and rules of the court.

(2) To study the methods which are applicable in British India.

(3) To study police work and their powers.

The report of the First Law Commission was sent to the Governor on 14 October 1837. This report presented a detailed review of the study of judges working in India.

26 April 1845 Second Law Commission was constituted, the report of the First Law Commission and the report of the Second Law Commission were placed before the Legislative Council in 1856.

Its draft was passed by the Legislature on 6 October 1860.
This Indian Penal Code came into force all over India from January 1, 1862.The Indian Penal Code is effective in India even today. The Indian Penal Code came into force.

mainly from October 1, 1863. At present, the Indian Penal Code is applicable to the whole of India. Which includes Jammu and Kashmir but there are some exceptions which are under the powers of the State Government. Special state status has been abolished on 5 August 2019 from the state of Jammu and Kashmir which was under Article 370 of the Constitution.

Preamble ;-It is generally considered to provide for a simple penal code for India, so it is enacted as follows.
The Indian Penal Code has a total of 23 chapters and 511 sections.

The Penal Code is not exhaustive. Before the Penal Code, the Muslim Criminal Justice Administration was considered a judicial system for the disposal of criminal matters.

Section 1: – Code Name and Enforcement Extension
As per Section 1, this Code shall be known as the Indian Penal Code. This Code is equally applicable across India. Jammu and Kashmir has been included in the whole of India, but after the end of the special state status on 5 August 2019, except for a few exceptions, it will be considered to be included in India.

Section 2: – Section 2 of the Indian Penal Code deals with entire India enforcement. This section says that if an offense is committed anywhere within India, the offender under the Code shall be liable to punishment.

Whether a person committing a crime in Indian territory or a non-citizen shall be liable to punishment.
This Code shall be deemed effective only if the offense is committed within the territory of India.

The Indian Penal Code applies equally to all persons without discrimination of any post, caste, descent, but the following persons are separated from this Code

  • President
  • Governor
  • Prime minister
  • Head of foreign state
  • Foreign enemy
  • Foreign army
  • Rajput
  • War criminal

Section 3: – If any offense is punishable in Indian law, if that crime is committed outside India also, it will be punishable according to Indian law.

Three main elements of Indian Penal Code Section 3

Is there any indian law

Such Indian law relates to offenses committed outside India.

The accused will be for trial for a crime committed outside India

Section 4: – The main purpose of section 4 of the Indian Penal Code, if an offense is committed by an Indian citizen in any other country, then it will be liable to punishment under this code.

Section 188 of Criminal Procedure Code relates to offenses committed outside India.

Illustration

(A) A person who is a citizen of India commits murder in Uganda. Any place in India where he is found can be considered murder and convicted.

Section 5 provides that nothing in this Code shall affect any special local or any act punishing rebellion and abetment by officers, soldiers, nine soldiers, airmen engaged in service to the Government of India.

 

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