Indian Penal Code,1860


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Indian Penal Code,1860

  1. 1. INDIAN PENAL CODE,1860 Extent & Applications in IPC Sections ( 1-4 ) Presented By Atul mukand
  2. 2. Section 1: Title & Extent of operation of the code <ul><li>This act shall be called The Indian Penal code. </li></ul><ul><li>Extends to whole of India except the state of J&K. </li></ul>
  3. 3. <ul><li>Section 2 : </li></ul><ul><li>Punishment of offences committed within India. </li></ul><ul><li>Every person shall be liable to punishment under this code. </li></ul><ul><li>Not other wise for every act or omission contrary to provisions thereof ,of guilty within india. </li></ul><ul><li>Deals with intra-territorial operation of the code. </li></ul><ul><li>It makes code universal. </li></ul>
  4. 4. <ul><li>Every Person </li></ul><ul><li>It has wider connotation. </li></ul><ul><li>It includes citizens ,non-citizens & foreigners visiting India. </li></ul><ul><li>Foreigners who enters Indian territories by accepting the allegiance & protection of Indian laws. </li></ul><ul><li>Mobarak vs state of bombay (SC1957) </li></ul>
  5. 5. Exemption from criminal prosecution <ul><li>According to provisions of Art.361 of the Constitution of India. </li></ul><ul><ul><li>High dignitaries of the State i.e the President of India and the Governors of the States. </li></ul></ul><ul><ul><ul><li>Not answerable to any court for the exercise and performance and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers. </li></ul></ul></ul>
  6. 6. <ul><ul><li>Foreign Sovereign </li></ul></ul><ul><ul><li>Diplomats </li></ul></ul><ul><ul><li>Ambassadors and certain members of diplomatic staff also enjoy immunity from the jurisdiction of the courts of the country. </li></ul></ul><ul><ul><li>Alien enemy </li></ul></ul><ul><ul><ul><li>Cannot be tried by the criminal courts of the country in respect of their acts of war. They shall be dealt with under martial law. </li></ul></ul></ul>
  7. 7. <ul><ul><li>Foreign army </li></ul></ul><ul><ul><ul><li>If a foreign army, by consent of the Indian Government, is stationed on Indian soil, it is exempt from the jurisdiction of the state and consequently from the jurisdiction of the criminal courts. </li></ul></ul></ul><ul><ul><li>Warships </li></ul></ul><ul><ul><ul><li>Foreign naval forces on board of warships of their country in territorial waters of India are not subject to the jurisdiction of the criminal courts of the country. </li></ul></ul></ul>
  8. 8. <ul><li>Section 3 : </li></ul><ul><li>Punishment of offences committed beyond ,but when by law may be tried within ,India. </li></ul><ul><li>Any person liable ,by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of this code for any act committed beyond India in the same manner as if such act had been committed with in India. </li></ul><ul><li>Extra territorial operation : </li></ul><ul><li>Section 3 & 4 of penal code give extra territorial operation to the code. </li></ul>
  9. 9. <ul><li>Section 3 gives criminal jurisdiction to the court to try for an offence committed by the person beyond the territory of India provided such a person is subject to Indian law. </li></ul><ul><li>Example: if an Indian army soldier commits a murder in Nepal ,while in service he is liable to be prosecuted for murder in India. </li></ul><ul><li>The scope of section 3 is so wide enough as it makes not only Indians citizens liable for an offences committed abroad, but also those who are covered by any special law bringing them under Indian jurisdiction. </li></ul>
  10. 10. Section 4 <ul><li>Extension of code to extra-territorial offences. </li></ul><ul><li>Any citizen of India in any place without & beyond India </li></ul><ul><li>Any person on any ship or aircraft registered in India where ever maybe. </li></ul><ul><li>Any person in any place without and beyond India committing offence targeting computer resource located in India. </li></ul>
  11. 11. <ul><li>Example : A who is citizen of India commits a murder in Uganda. He can be tried & convicted of murder in place in India in which he may be found. </li></ul><ul><li>Crime committed outside India </li></ul><ul><li>Clause 1 of section 4 extends the code to an offence committed by a citizen of India in any place without &beyond India. </li></ul><ul><li>offence committed by any person on any india registered ship or aircraft. </li></ul>
  12. 12. <ul><li>Admiralty jurisdiction </li></ul><ul><li>Section 4 of clause (2)of the penal code gives admiralty jurisdiction to the Indian courts &power to try offences committed on any ship,or aircraft registered in india. </li></ul><ul><li>Ship is considered to be a floating island &belongs to the country whose flag is flying ,likewise also aircrafts. </li></ul><ul><li>A person committing a crime on board ,weather an Indian citizen or a foreigner, is amenable to indian courts. </li></ul><ul><li>If the vessel is flying indian flag &registered in india . </li></ul>
  13. 13. <ul><li>It may be noted that the IPC (Amendment) bill ,1972 had proposed to widen the scope of extra-territorial jurisdiction by making the provisions of the code applicable to an offence committed outside India by an alien. </li></ul><ul><li>If a foreigner after committing a crime outside India steps into India ,he may be sent back to the country where the offence was committed for trial ,on proper requisition by that country. </li></ul><ul><li>The requisition proceedings termed “Extradition proceedings” governed by Indian extradition Act of 1962. </li></ul>
  14. 14. Cyber crime targeting a compuer resourse located in India <ul><li>By the insertion of sub-section (3) in section 4 of IPC by the Information Technology (Amendment) Act,2008. </li></ul><ul><li>The territorial operation of the code is extended to any offence committed by any person in any place without and beyond India targeting a computer resources located in India. </li></ul>
  15. 15. Thank you