3. LAW=SOCIAL ENGINEERING
• LAW is the
MEANS;whereas
JUSTICE is the END.
• LAW consists of rules
,these rules are
recognized and acted
on by the Courts of
Justice.
4. Classification of LAW
*Substantive Law *Procedural Law
1) Implementation of
substantive laws
2) And other machinery like:
• How the proctorial is set up
• What are the investigations done
• How are the evidences collected etc...
3) CrPC i.e CRIMINAL
PROCEDURE CODE falls
under procedural law.
1) Defines offences i.e tells
how something is
considered as an offence
2) Prescribes Punishment.
3) IPC i.e INDIAN PENAL
CODE falls under
substantive law.
5. INDIAN PENAL CODE 1860:
DEFINITION: It is a comprehensive code that deals with
substantive Criminal law of India.
☆In 1834 1st Law Commission of India
was appointed.
☆The chairman for that was :Lord
Thomas Babington Macaulay.
☆IPC was drafted by the year 1837
but was enacted/implemented in the
year 1860.
☆IPC came into force on Jan 1st 1862.
Main principle of IPC was: To set up a
Uniform law which is applicable allover
India.
6. ☆IPC is also called as Macaulay code since he drafted
it.
☆It extends to the whole India.[Jammu and Kashmir
had it’s own law ,where IPC wasn’t applicable
overthere,on 5th August 2019,India issued a
presidential order that made all the provisions of the
Indian constitution applicable to the J&K].
☆It has 23 chapters with 511 sections within.
☆It covers any Indian citizen or any person of Indian
origin.
☆The Provisions of this code is applicable to any
offence commited by Indian citizen in any place
within India.
7. ☆Even a foreigner who enters the indian territory also submits
himself to the operation of Indian laws and he cannot be allowed to
plead in defence that he didnot know that he was doing wrong, as the
act was not an offence in his own Country.
☆The police uses IPC to prepare ‘Charge sheet’.
8. CODE OF CRIMINAL PROCEDURE:
♧CrPC is the main legislation which tells about the procedure
of implementation of Criminal law.
♤It provides Machinery for the
Investigation of crime,Apprehension
of suspected criminals, Collection of
evidence,Determination of guilt or
Innocence of the accused person and
the Determination of Punishment
Of the guilty.
9. ♧ In 1861 British parliament passed the Criminal procedure
code.
♧In independent India first law of commission was passed in
1955 by SETALVAD who was the chairman.
♧After many recommendations and suggestions it finally came
into force on 1st of April 1974.
Principles:
☆It has 37 chapters,484 sections,2 schedules and 56 forms.
10. INDIAN EVIDENCE ACT(IEA) :
●It relates to evidence on which the court come to a conclusion
regarding the facts of the case.
●It is common to both Criminal and Civil procedures.
●It applies to all judicial proceedings in or before any court including
the court martial.
●IEA has:
☆ It has 11 chapters.
☆167 sections.
●It came into force on
1st September 1872.
11. RECENT UPDATES:
CRIMINAL LAW AMENDMENT ACT i.e ANTI RAPE ACT 2013.
• The 2012 Delhi gang rape of a college student, infamously known
as NIRBHAYA incident ,has made to change the IPC section that
deals with sexual voilations,in which the existing IPC section 375 has
been revamped and a new section was substituted in it’s place.
• Under this change new offences
such as acid attacks,stalking and
Voyeurism were added to the
definition of Rape.
● Even the threat to rape is now a
Crime and and the punishment is
same as that of rape.
12. • EPIDEMIC DISEASE AMENDMENT ACT 2020:
☆On 22 April,2020 India enforced a central act called epidemic
disease amendment act,which recognized any voilence against health
care service personnel as a cognisable and non bailable offence .
☆This alarming rise in voilence against health care workers is seen
during the COVID-19 pandemic.
Penalty :
☆Any person disobeying any regulation
or order made under this act shall be
deemed to have commited an offence
punishable under section 188 of IPC.
18. REFERENCES:
1) Gautam biswas,review of forensic medicine and toxicology 2nd
edition .
2) Ministry of law and justice(Legislative Department ).
3) Medicolegally relevant indian penal codes and crime penal codes
ISThttp://www.rxpgonline.com/modules.php?name=News&file=pri
nt&sid=1061.
4) BM Gandhi INDIAN PENAL CODE (K.A pandey) 4TH Edition.
