Date : 31 Aug, 2021
Post By Bhupender Tanwar
Indian Penal Code (IPC) in its very basic idea is a comprehensive and official reference of the criminal code of India, primarily to substantiate aspects of criminal law. There are two other acts that are also basically used during the criminal proceeding which the government implemented when it presumed an urge of it that is the CrPC Act 1973, the Code of Criminal Procedure, and also the Indian Evidence Act.
From the kind of punishment to be delivered to the culprits, that is to a death sentence, a mere fine of a thousand rupees, or if the culprit is not guilty of the offence and can be set free.
Applicability - The applicability of the Indian Penal Code applies to all of India and before Jammu and Kashmir State, the Ranbir Penal Code was the main criminal code in the state since the Indian Penal Code in the State as given under Article 370 of the Constitution of India. But now Jammu and Kashmir have further got divided into the Union Territories of Jammu and Kashmir Reorganization bill in the Rajya Sabha and Lok Sabha. So, The Ranbir Penal Code has gotten dissolved and IPC has come into force in all of the regions.
The different Sections that any responsible citizen of India must be aware of -
Section 297 of IPC – Any certain person who is held at any place particularly with a charge of reckless driving which in its basic sense necessarily includes that it’s not limited to driving a vehicle or that its likely to cause hurt or accident to any other person is held liable to be charged with imprisonment of up to 6 months and or a fine of 1000 Rs or with both as a means of punishment.
Section 287 of IPC – Any person who is presumed to be working with any Machinery as given under Section 287 of IPC, to be working with Explosives the dire need for cautiousness as given under Section 286 of IPC, or dealing with combustible matter or fire is seen under Section 285 of IPC, handling with poisonous substance as mentioned under Section 284 of IPC, the person has animals then the supervision is emphasized in Section 289 of IPC and an act which is recklessly or negligently done as a means of threat to others which represents the society or the person is very much likely to induce an injury over another person, then he shall be punished for imprisonment up to about six months and is very much liable to pay a fine from 200 to 1000 rupees for exactly the same.
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Section 295 of IPC – This Section primarily deals with any particular person who is willingly destroying or damaging any place of prayer and worship with the very intent to insult any religion.
Section 296 of IPC - Any person who intends to pester or disturb any group of people who are involved in religious worship or a ceremony promoting religious worship or in situations where any certain person utters a word, gesture, or sound which is hurtful to the religious feeling of anyone.
Section 298 of IPC - The Punishment to the actions given under Section 296 of IPC holds the person liable to be given a punishment for a means of imprisonment of about one year or go ahead and pay fine or do both as a means of punishment.
Section 509 of IPC – This section deals with any particular person who utters any word or appears to do any gesture or sound or any sort of exhibit anything which can in its own ways lead to attack the modesty of women and could be punished with imprisonment which may extend up to a term of about one year or have to pay fine or do both as per the verdict.
Section 420 of IPC – This Section deals with organizations or an individual who is dishonest with someone else and by doing this he or she delivers or produces false or fake products, property with an intent to cheat. Then this person shall be liable for a punishment of imprisonment that extends to about 7 years or the person can be held liable to pay a fine.
Section 363 A of IPC – This section deals with any person who kidnaps any minor and is not the legal or lawful guardian of the minor, with a dire purpose of engaging them in activities like begging. They shall be liable to imprisonment for life and will be held liable to fine.
Section 322 of IPC – Anyone who voluntarily causes hurt over themselves with an intention to cause it, will be held as though they are liable to be punished depending upon the seriousness of that crime and that it includes witnessing the weapon that was used to hurt themselves. They can be punished with imprisonment which extends from a term of one year to imprisonment up to 10 years and this person can also be held liable for a fine.
Section 510 of IPC – It is a Section wherein if a certain person appears in a public space as though they are drunk and also conduct themselves in a way as to cause annoyance to the other person. Then he or she shall be punished with imprisonment for a term which may extend up to 24 hours or an amount of fine up to 1000 rupees or both as per the verdict.
Section 489 B of IPC – This is a Section that deals with a situation where someone knowingly uses a counterfeit note to buy something or the other person is attempting to buy something and give you a counterfeit note that shall be held liable to be punished with imprisonment which stretches up to 10 years or pay fine or both as per the verdict.
Section 464 of IPC - This Section talks about a person who is attempting or is making a fake or false document or false electronic record, that is put a signature or any stamp or any electronic signature creating a false electronic record of any other person or some authority of the organization without the minimal consideration of if the person exists or deceased will be said to commit forgery.
Section 465 of IPC – This section represents the punishment offered in cases of forgery as described under the Section before this so any person who commits forgery shall be punished with period imprisonment which extends up to 2 years or with a need to pay a fine or both depending on the verdict.General Defenses that are available to an accused person to defend themselves in the court of law:
There are other Sections as well, but these assert the most important ones:
Self Defence: The Plea of acts which are done in Self-defense, this plea asserts of situations wherein an act which is done in self-defense does not constitute to being an offense, this is further elaborated under Section 96 of IPC and stretching from there it extends to Section 96,97,98,99,100,101,102 and Section 109.
Insanity: The Plea of acts that are done by someone who is insane or is suffering from a mental abnormality, this is elaborated under Section 84 of IPC which asserts that any person who commits an offence but is insane cannot be considered an offense.
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Trivial Harm: The Plea of acts which are caused due to trivial harm, this has been described under Section 95 of IPC which represents acts that cause slight harm.
Involuntary Intoxication: The Plea of acts that are given under Sections 85 and Section 86 of the Indian Penal Code which represents acts that are done in involuntary intoxication.
Consent: The Plea of acts that are ones which are done with consent from the other parties. Section 87 to Section 93 of the Indian Penal Code represents the consent given to any act committed which makes it not an offence.
Threat: The Plea of acts which are done under the compulsion of a death threat which is given under Section 94 of the Indian Penal Code.
Accident: The Plea of the act which wasn’t done intentionally and is an accident, so anything done as an accident or misfortune cannot be considered as an offence which is scripted under Section 80 and 81 of the Indian Penal Code.
Infancy: The Plea of the act of someone who is a child who is under seven years or a child who is also below twelve years but being very unable to appreciate the consequence of the illegal acts done, which is given under Section 82 and 83 of the Indian Penal Code.
Judicial Sanctioned: The Plea of acts that particularly has a judicial sanction, like the action of a judge when acting legally, is elaborated under Sections 77 and 78 of the Indian Penal Code.
Mistake of Fact: The Plea of an act which is done in good faith and conscience and the mistake of fact, which is elaborated under Section 76 and Section 79 of the Indian Penal Code.
Ankit sharma