INDIAN PENAL CODE
The Indian Penal Code of 1860, sub-divided into 23 chapters,
comprises 511 sections. The Code starts with an introduction,
provides explanations and exceptions used in it, and covers a
wide range of offences.
Attempt to Commit Suicide - Section 309
• It deals with unsuccessful suicides, whereby attempting to demand and
recommendations of the Law Commission of India, which has repeatedly endorsed
the repeal of this section, the Government of India in December 2014 decided to
decriminalise attempts to commit suicide by dropping Section 309 of the IPC from the
statute book. In February 2015, the Legislative Department of the Ministry of Law and
Justice was asked by the Government to prepare a draft Amendment Bill in this
regard.
• In August 2015 ruling, Rajasthan High Court made the Jain practice of undertaking
voluntary death by fasting at the end of a person's life, known as Santhara,
punishable under sections 306 and 309 of the IPC. This led to some controversy, with
some sections of the Jain community urging the Prime Minister to move the Supreme
Court against the order. On 31 August 2015, the Supreme Court admitted the petition
by Akhil Bharat Varshiya Digambar Jain Parishad and granted leave. It stayed the
decision of the High Court and lifted the ban on the practice.
Attempt to Commit Suicide - Section 309
• In 2017 the new Mental Healthcare Act of India was signed. Section 115(1) of the act
effectively decriminalised suicide, saying "any person who attempts to commit suicide
shall be presumed ... to have severe stress and shall not be tried and punished under
the said Code."
Adultery - Section 497
• The Section 497 of the Indian Penal Code has been criticised on the one
hand for allegedly treating woman as the private property of her
husband, and on the other hand for giving women complete protection
against punishment for adultery.[13][14] This section was unanimously
struck down on 27 September 2018 by a five judge bench of the Supreme
Court in case of Joseph Shine v. Union of India as being unconstitutional
and demeaning to the dignity of women. Adultery continues to be a
ground for seeking divorce in a Civil Court, but is no longer a criminal
offence in India.
• In 2020 alone, two review petitions were submitted at the Supreme Court
challenging the decriminalization of adultery.[15] However, neither of
them could stand, as there was no substantial ground for appeal.
Death penalty
• Sections 120B (criminal conspiracy), 121 (war against the Government of India),
• 132 (mutiny), 194 (false evidence to procure conviction for a capital offence),
• 302, 303 (murder), 305 (abetting suicide),
• 364A (kidnapping for ransom),
• 396 (banditry with murder),
• 376A (rape) have death penalty as punishment.
• There is ongoing debate for abolishing capital punishment.
Right to information (RTI)
• Right to information has been given the status of a fundamental right under
Article 19(1) of the Constitution in 2005. Article 19 (1) under which every citizen
has freedom of speech and expression and the right to know how the
government works, what roles it plays, what its functions are, and so on.
RIGHT TO PRIVACY
• The right to privacy is an intrinsic part of Article 21 (the Right to Freedom) that
protects the life and liberty of the citizens.
• The right to privacy is the newest right assured by the Supreme Court of India. It
assures the people's data and personal security.
ART 32 AND ART 226 DIFFERENCE
• Article 32 deals with the power of the Supreme Court to issue writs whereas
article 226 deals with the power of high courts to issue writs.
• Article 32 is itself a fundamental right (right to constitutional remedies) as it falls
under part III of the constitution whereas article 226 falls under part V of the
constitution and is not a fundamental right. Say for example, in Darya and others
v. State of Uttar Pradesh, it was held that Article 32 is not merely a fundamental
right of a citizen but also the duty of the supreme court to protect those
fundamental rights. As Article 32 is a fundamental right which is substantive in
nature and not merely procedural, it’s not needed to file an application before
the High Court before approaching the Supreme Court under Article 32.
ARTICLE 32
• Article 32 only be used for the enforcement of fundamental rights whereas article 226
has a wider scope and can be used for the enforcement of fundamental rights and
other legal rights as well but when it comes to granting compensation to the victim,
the scope of the supreme court is wider under article 32 than that of the high court
under article 226 as in the case of the Rudul Shah vs. The State of Bihar, Supreme
court invented new doctrine called compensatory jurisprudence under Article 32 and
compensated the detainee for being in detention for 14 years on a wrongful charge of
the Murder.
• Article 32 can be suspended as all the fundamental rights except for articles 21 and 22
can be suspended during an emergency whereas article 226 cannot be suspended
even during an emergency.
ARTICLE 32
• The territorial jurisdiction of article 32 is much wider than that of article 226 as
in the case of Election Commission v. Saka Venkata Rao[7] and Khajoor Singh v.
Union of India[8], it was held that the high court could issue writs only to the
authority if it is located in the jurisdiction of the said high court.
• Article 32 has more power than article 226 and can supersede the order passed
by the High Court under Article 226 of the Constitution. However, in Daryao and
others v. State of Uttar Pradesh, the court decided that the rule of res judicata
was not a mere technical rule but was based on sound public policy, the binding
character of judgments pronounced by courts of competent jurisdiction was itself
an essential part of the rule of law and the rule of law was the basis of the
administration of justice which is the ultimate motive of the very existence of the
constitution.[9]
HIGH COURT
• The courts can issue various kinds of writs protecting the rights of the citizens.
These writs are:
• habeas corpus
• mandamus
• Writ of Prohibition
• quo warranto
• certiorari

Indian Penal Code1860

  • 1.
    INDIAN PENAL CODE TheIndian Penal Code of 1860, sub-divided into 23 chapters, comprises 511 sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences.
  • 2.
    Attempt to CommitSuicide - Section 309 • It deals with unsuccessful suicides, whereby attempting to demand and recommendations of the Law Commission of India, which has repeatedly endorsed the repeal of this section, the Government of India in December 2014 decided to decriminalise attempts to commit suicide by dropping Section 309 of the IPC from the statute book. In February 2015, the Legislative Department of the Ministry of Law and Justice was asked by the Government to prepare a draft Amendment Bill in this regard. • In August 2015 ruling, Rajasthan High Court made the Jain practice of undertaking voluntary death by fasting at the end of a person's life, known as Santhara, punishable under sections 306 and 309 of the IPC. This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the Supreme Court against the order. On 31 August 2015, the Supreme Court admitted the petition by Akhil Bharat Varshiya Digambar Jain Parishad and granted leave. It stayed the decision of the High Court and lifted the ban on the practice.
  • 3.
    Attempt to CommitSuicide - Section 309 • In 2017 the new Mental Healthcare Act of India was signed. Section 115(1) of the act effectively decriminalised suicide, saying "any person who attempts to commit suicide shall be presumed ... to have severe stress and shall not be tried and punished under the said Code."
  • 4.
    Adultery - Section497 • The Section 497 of the Indian Penal Code has been criticised on the one hand for allegedly treating woman as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery.[13][14] This section was unanimously struck down on 27 September 2018 by a five judge bench of the Supreme Court in case of Joseph Shine v. Union of India as being unconstitutional and demeaning to the dignity of women. Adultery continues to be a ground for seeking divorce in a Civil Court, but is no longer a criminal offence in India. • In 2020 alone, two review petitions were submitted at the Supreme Court challenging the decriminalization of adultery.[15] However, neither of them could stand, as there was no substantial ground for appeal.
  • 5.
    Death penalty • Sections120B (criminal conspiracy), 121 (war against the Government of India), • 132 (mutiny), 194 (false evidence to procure conviction for a capital offence), • 302, 303 (murder), 305 (abetting suicide), • 364A (kidnapping for ransom), • 396 (banditry with murder), • 376A (rape) have death penalty as punishment. • There is ongoing debate for abolishing capital punishment.
  • 6.
    Right to information(RTI) • Right to information has been given the status of a fundamental right under Article 19(1) of the Constitution in 2005. Article 19 (1) under which every citizen has freedom of speech and expression and the right to know how the government works, what roles it plays, what its functions are, and so on.
  • 7.
    RIGHT TO PRIVACY •The right to privacy is an intrinsic part of Article 21 (the Right to Freedom) that protects the life and liberty of the citizens. • The right to privacy is the newest right assured by the Supreme Court of India. It assures the people's data and personal security.
  • 8.
    ART 32 ANDART 226 DIFFERENCE • Article 32 deals with the power of the Supreme Court to issue writs whereas article 226 deals with the power of high courts to issue writs. • Article 32 is itself a fundamental right (right to constitutional remedies) as it falls under part III of the constitution whereas article 226 falls under part V of the constitution and is not a fundamental right. Say for example, in Darya and others v. State of Uttar Pradesh, it was held that Article 32 is not merely a fundamental right of a citizen but also the duty of the supreme court to protect those fundamental rights. As Article 32 is a fundamental right which is substantive in nature and not merely procedural, it’s not needed to file an application before the High Court before approaching the Supreme Court under Article 32.
  • 9.
    ARTICLE 32 • Article32 only be used for the enforcement of fundamental rights whereas article 226 has a wider scope and can be used for the enforcement of fundamental rights and other legal rights as well but when it comes to granting compensation to the victim, the scope of the supreme court is wider under article 32 than that of the high court under article 226 as in the case of the Rudul Shah vs. The State of Bihar, Supreme court invented new doctrine called compensatory jurisprudence under Article 32 and compensated the detainee for being in detention for 14 years on a wrongful charge of the Murder. • Article 32 can be suspended as all the fundamental rights except for articles 21 and 22 can be suspended during an emergency whereas article 226 cannot be suspended even during an emergency.
  • 10.
    ARTICLE 32 • Theterritorial jurisdiction of article 32 is much wider than that of article 226 as in the case of Election Commission v. Saka Venkata Rao[7] and Khajoor Singh v. Union of India[8], it was held that the high court could issue writs only to the authority if it is located in the jurisdiction of the said high court. • Article 32 has more power than article 226 and can supersede the order passed by the High Court under Article 226 of the Constitution. However, in Daryao and others v. State of Uttar Pradesh, the court decided that the rule of res judicata was not a mere technical rule but was based on sound public policy, the binding character of judgments pronounced by courts of competent jurisdiction was itself an essential part of the rule of law and the rule of law was the basis of the administration of justice which is the ultimate motive of the very existence of the constitution.[9]
  • 11.
    HIGH COURT • Thecourts can issue various kinds of writs protecting the rights of the citizens. These writs are: • habeas corpus • mandamus • Writ of Prohibition • quo warranto • certiorari