Indian Penal
Code (IPC) is the main criminal
code of India . It is a
comprehensive code intended to cover all substantive aspects ofcriminal
law. The code was drafted in 1860 on the recommendations of first law
commission of India established in 1834 under the Charter Act of 1833 under the
Chairmanship of Thomas Babington Macaulay. It came into force in British
India during the earlyBritish Raj period in 1862. However, it did not
apply automatically in the Princely
states, which had their own courts and legal systems until the 1940s. The
Code has since been amended several times and is now supplemented by other
criminal provisions. Based on IPC, Jammu
and Kashmir has enacted a
separate code known as Ranbir
Penal Code (RPC).
After the
departure of the British, the Indian Penal Code was inherited by Pakistan as well, much of which was formerly
part of British India , and there it is now
called the Pakistan Penal Code. Even after the
independence of Bangladesh
(Formerly known as East Pakistan) from Pakistan
(Formerly known as West Pakistan ), it
continued in force there. It, the Indian Penal Code, was also adopted by the
British colonial authorities in Burma, Ceylon (now Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and
Brunei, and remains the basis of the criminal codes in those countries.The
Ranbir Penal Code applicable in that state of Jammu and Kashmir of India, is
also based on this Code.
Structure / Sections of IPC
The Indian Penal
Code of 1860, sub-divided into twenty three chapters, comprises five hundred
and eleven sections. The Code starts with an introduction, provides
explanations and exceptions used in it, and covers a wide range of offences.
The Outline is presented in the following table:
|
INDIAN PENAL
CODE, 1860 (Sections 1 to
511)
|
||
|
Chapter
|
Sections covered
|
Classification
of offences
|
|
Chapter I
|
Sections 1 to 5
|
Introduction
|
|
Chapter II
|
Sections 6 to 52
|
General Explanations
|
|
Chapter III
|
Sections 53 to 75
|
of Punishments
|
|
Chapter IV
|
Sections 76 to 106
|
General Exceptions
of the Right of Private
Defence (Sections 96 to
106)
|
|
Chapter V
|
Sections 107 to 120
|
Of Abetment
|
|
|
Sections 120A to 120B
|
Criminal Conspiracy
|
|
Chapter VI
|
Sections 121 to 130
|
Of Offences against the State
|
|
Chapter VII
|
Sections 131 to 140
|
Of Offences relating to the Army, Navy and Air Force
|
|
Chapter VIII
|
Sections 141 to 160
|
Of Offences against the Public Tranquillity
|
|
Chapter IX
|
Sections 161 to 171
|
|
|
Chapter IXA
|
Sections 171A to 171I
|
Of Offences Relating to Elections
|
|
Chapter X
|
Sections 172 to 190
|
Of Contempts of Lawful Authority of Public Servants
|
|
Chapter XI
|
Sections 191 to 229
|
|
|
Chapter XII
|
Sections 230 to 263
|
Of Offences relating to coin and Government Stamps
|
|
Chapter XIII
|
Sections 264 to 267
|
Of Offences relating to Weight and Measures
|
|
Chapter XIV
|
Sections 268 to 294
|
Of Offences affecting the Public Health, Safety,
Convenience, Decency and Morals.
|
|
Chapter XV
|
Sections 295 to 298
|
Of Offences relating to Religion
|
|
Chapter XVI
|
Sections 299 to 377
|
Of Offences affecting the Human Body.
·
Of the Causing of Miscarriage, of Injuries to
Unborn Children, of the Exposure of Infants, and of the Concealment of Births
(Sections 312 to 318)
·
Of Hurt (Sections 319 to 338)
·
Of Criminal Force and Assault (Sections 349 to
358)
·
Sexual Offences including rape (Sections 375
to 376)
·
Of Unnatural Offences (Section 377)
|
|
Chapter XVII
|
Sections 378 to 462
|
·
Of Theft (Sections 378 to 382)
·
Of Robbery and Dacoity (Sections 390 to 402)
·
Of Criminal Misappropriation of Property
(Sections 403 to 404)
·
Of the Receiving of Stolen Property (Sections
410 to 414)
·
Of Fraudulent Deeds and Disposition of
Property (Sections 421 to 424)
·
Of Mischief (Sections 425 to 440)
|
|
Chapter XVIII
|
Sections 463 to 489
|
Of Offences relating to Documents and Property Marks
·
Of Property and Other Marks (Sections 478 to
489)
·
Of Currency Notes and Bank Notes (Sections
489A to 489E)
|
|
Chapter XIX
|
Sections 490 to 492
|
Of the Criminal Breach of Contracts of Service
|
|
Chapter XX
|
Sections 493 to 498
|
Of Offences Relating to Marriage
|
|
Chapter XXA
|
Sections 498A
|
Of Cruelty by Husband or Relatives of Husband
|
|
Chapter XXI
|
Sections 499 to 502
|
|
|
Chapter XXII
|
Sections 503 to 510
|
|
|
Chapter XXIII
|
Section 511
|
|
Alternative Dispute Resolution Systems
Alternative
dispute resolution (ADR;
known in some countries, such as Australia, as external
dispute resolution) includesdispute resolution processes and techniques that act as a
means for disagreeing parties to come to an agreement short of litigation.
It is a collective term for the ways that parties can settle disputes, with (or
without) the help of a third party.
Despite historic
resistance to ADR by many popular parties and their advocates, ADR has gained
widespread acceptance among both the general public and the legal
profession in recent years.
In fact, some courts now require some parties to resort to ADR of some type,
usually mediation,
before permitting the parties' cases to be tried (indeed the European
Mediation Directive (2008)expressly contemplates so-called
"compulsory" mediation; this means that attendance is compulsory, not
that settlement must be reached through mediation).
The rising
popularity of ADR can be explained by the increasing caseload of traditional
courts, the perception that ADR imposes fewer costs than litigation, a
preference for confidentiality, and the desire of some parties to have greater
control over the selection of the individual or individuals who will decide
their dispute. Some of the senior judiciary in
certain jurisdictions (of which England
and Wales
is one) are strongly in favour of this (ADR) use of mediation to settle
disputes.
Alternative
dispute resolution in India
is not new and it was in existence even under the previous Arbitration Act,
1940. The Arbitration and Conciliation Act, 1996 has been enacted to
accommodate the harmonisation mandates of UNCITRAL Model. To streamline the
Indian legal system the traditional civil law known as Code of Civil Procedure,
(CPC) 1908 has also been amended and section 89 has been introduced. Section 89
(1) of CPC provides an option for the settlement of disputes outside the court.
It provides that where it appears to the court that there exist elements, which
may be acceptable to the parties, the court may formulate the terms of a
possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement.
Due to extremely
slow judicial process, there has been a big thrust on Alternate Dispute
Resolution mechanisms in India .
While Arbitration and Conciliation Act, 1996 is a fairly standard western
approach towards ADR, the Lok Adalat system constituted under National Legal
Services Authority Act, 1987 is a uniquely Indian approach.






0 comments:
Post a Comment