Misplaced Pages

#337662

65-517: The Indian Penal Code ( IPC ) was the official criminal code in the Republic of India , inherited from British India after independence, until it was repealed and replaced by Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on 1 July 2024. It was a comprehensive code intended to cover all substantive aspects of criminal law . The code was drafted on the recommendations of

130-529: A case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous ' common law offences ', as well as

195-616: A prominent legal personality in India and has made a significant contribution to the legal diaspora of India. The contribution of each of these commissions has been enumerated below. The First Law Commission of independent India was established in 1955. The chairman of this commission was M. C. Setalvad , who was also the first attorney-general of India . The term of this commission was established as three years (which by convention has been followed till date) and this commission submitted its last report on 26 September 1958. The reports submitted by

260-463: A small group of secretarial staff looks after the administration side of the commission's operations and the internal functioning of the commission can be described as a process with the following stages; Once the report is submitted to the Ministry of Law and Justice , the task of the commission ends unless it is required to rework upon identified areas of provide clarifications by the government on

325-403: A wider perspective the suggestions for revision/amendment given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonising them. (v) Consider references made to it by Ministries/ Departments in respect of legislation having bearing on the working of more than one Ministry/ Department. (vi) Suggest suitable measures for quick redressal of citizens grievances, in

390-636: Is not itself law but which provides the basis for the criminal law of many states. Individual states often choose to make use of criminal codes which are often based, to a varying extent, on the model code. Title 18 of the United States Code is the criminal code for federal crimes. However, Title 18 does not contain many of the general provisions concerning criminal law that are found in the criminal codes of many so-called "civil law" countries. Criminal codes are generally supported for their introduction of consistency to legal systems and for making

455-494: Is presented in the following table: of the Right of Private Defence (Sections 96 to 106) A detailed list of all IPC laws which include above is here. Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Penetration

520-445: Is responsive so that delays are eliminated, arrears are cleared and disposal of cases is quick and cost-effective without sacrificing the cardinal principle that they are just and fair. The Commission seeks to simplify procedure to curb delays and improve standards of justice. It also strives to promote an accountable and citizen-friendly government which is transparent and ensures the people's right to information. The recommendations of

585-478: Is sufficient to constitute the carnal intercourse necessary to the offence described in this section. The Section 309 of the Indian Penal Code deals with suicide attempts, whereby attempting to die by suicide is punishable with imprisonment of up to one year. Considering long-standing demand and recommendations of the Law Commission of India , which has repeatedly endorsed the repeal of this section,

650-474: Is to provide a general penal code for India. Though not the initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India. This was done because the code does not contain all the offences and it was possible that some offences might have still been left out of the code, which were not intended to be exempted from penal consequences. Though this code consolidates

715-695: The Continental European systems. The code has been amended several times. The code has substantially survived for over 150 years in several jurisdictions without major amendments. Nicholas Phillips , Justice of Supreme Court of the United Kingdom applauded the efficacy and relevance of the IPC while commemorating its 150 years of existence. Some references to specific sections (called dafā/dafa'a in Hindi-Urdu, دفعہ or दफ़ा/दफ़आ) of

SECTION 10

#1732764914338

780-592: The Criminal Procedure Code of 1973 ), etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under. A two-member Viceroy's Executive Council (composed of Sir Henry Maine and Sir James Fitzjames Stephen ) also worked on

845-750: The Government of India in December 2014 decided to decriminalise attempts to die by 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 an August 2015 ruling, the Rajasthan High Court made the Jain practice of undertaking voluntary death by fasting at

910-604: The Netherlands , Norway , Pakistan , Poland , Russia , Saudi Arabia , South Africa , Spain , Switzerland , Thailand , Turkey , Ukraine , the United Kingdom and the United States , use different penal codes. Law Commission of India The Law Commission of India is an executive body established by an order of the Government of India . The commission's function is to research and advise

975-481: The 205th report of the commission which has been prepared in view of the Supreme Court's request for assistance in determination of "certain legal issues relating to child marriage, and the different ages at which a person is defined as a child in different laws." The report stirred a public debate in India for recommending inter alia , a reduction in marriage age of boys to be at par with girls at 18, instead of

1040-455: The 21st Law Commission on 9 September. The Law Ministry brought out a notification to create the 21st law panel on 14 September last. One of the key issues pending before the law panel is a call on amending the Indian Penal Code amid allegations of abuse and arbitrary use of the law. The Law Ministry had urged the commission to study the usage of the provisions of Section 124A (Sedition) of the IPC. Former Supreme Court judge Balbir Singh Chauhan

1105-539: The British government had been passing various enactments to deal with particular situations, such as the Prohibition of Sati in (1829) by Lord William Bentinck under the influence of Raja Ram Mohan Roy . However, it was for the first time in (1833) that the idea to establish a Law Commission for a comprehensive examination of the existing legal system prevailing in the British administered areas and its overhaul

1170-783: The Directive Principles and to attain the objectives set out in the Preamble to the Constitution. E. Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto. F. Revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities. G. Recommend to the Government measure for making the statute book up to date by repealing obsolete laws and enactments or parts thereof which have outlived their utility. H. Consider and to convey to

1235-495: The First Law Commission of India are as under. The Second Law Commission was established in 1958 under the chairmanship of Justice T. V. Venkatarama Aiyar. It stayed in office till 1961. It presented the following reports. The Third Law Commission was established in 1961 under the chairmanship of Justice J. L. Kapur. It stayed in office till 1964. It presented the following reports. The Fourth Law Commission

1300-404: The Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs). I. Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law & Justice (Department of Legal Affairs). J. Examine

1365-435: The Government of India), 132 (mutiny), 194 (false evidence to procure conviction for a capital offence), 302, 303 (murder, has been declared unconstitutional in the case of Mittu Singh vs State of Punjab), 305 (abetting suicide), 364A (kidnapping for ransom), 396 (dacoity with murder), 376A (rape), 376AB (rape on woman under twelve years of age), 376DB (gang rape on woman under twelve years of age), and 376E (repeat offender) have

SECTION 20

#1732764914338

1430-495: The IPC have entered popular speech in India, Pakistan and Bangladesh. For instance, con men are referred to as 420s ( chaar-sau-bees in Hindi-Urdu) after Section 420 which covers cheating. Similarly, specific reference to section 302 (" tazīrāt-e-Hind dafā tīn-sau-do ke tehet sazā-e-maut ", " punishment of death under section 302 of the Indian Penal Code "), which covers the death penalty, have become part of common knowledge in

1495-413: The Indian Penal Code has been criticised on the one hand for allegedly treating women as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery. 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

1560-473: The Law Commission works in a research-oriented manner. Employing a number of research analysts (and even law students from 2007 ), the commission works upon the assigned agenda and primarily comes up with research based reports, often conclusive and with recommendations. The permanent members of the commission generally are responsible for framing the exact topic and reference to work upon and often takes

1625-468: The Supreme Court of India is currently hearing a petition challenging the delay in appointing members to the 22nd Law Commission. On November 7, 2022, Justice Rituraj Awasthi (Former Chief Justice of the Karnataka HC) was appointed as the chairperson of the 22nd Law Commission and Justice KT Sankaran, Prof.(Dr.) Anand Paliwal, Prof. DP Verma, Prof. (Dr) Raka Arya and Shri M. Karunanithi as members of

1690-499: The Twentieth Law Commission were as follows:- A. Review/Repeal of obsolete laws: (i) Identify laws which are no longer needed or relevant and can be immediately repealed. (ii) Identify laws which are not in harmony with the existing climate of economic liberalization and need change. (iii) Identify laws which otherwise require changes or amendments and to make suggestions for their amendment. (iv) Consider in

1755-488: The aptness of law in such situations. Euthanasia and related issues, in particular, has been one such area where the commission has been relook the situation at least three times, with the latest being its 196th report on the topic. Besides the Law Ministry, the commission has also been requested to work upon specific issues and submit its views by the Supreme Court on various occasions. The latest in regard has been

1820-461: The ban on the practice. In 2017 the new Mental Healthcare Act of India was signed. Section 115(1) of the act effectively decriminalised suicide, saying "anyone who attempts suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code." The Bharatiya Nyaya Sanhita, officially decriminalized attempted suicide by not including an equivalent section to Section 309. The Section 497 of

1885-526: The cardinal principle that decisions should be just and fair. (ii) simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice. (iii) improvement of standards of all concerned with the administration of justice. D. Examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement

1950-427: The chairman of the commission while in the period between 2002 and 2003 the commission worked under the chairmanship of Justice M. Jagannadha Rao. It presented the following reports. The Seventeenth Law Commission was established in 2003 and continued to be under the chairmanship of Justice M. Jagannadha Rao . It stayed in office till 2006. It presented the following reports. The Eighteenth Law Commission of India

2015-443: The commission are not binding on the government. "They are recommendations. They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations." This has resulted in a number of important and critical recommendations not being implemented. The commission, however, has continued to work upon its assigned tasks. The power vested in

Indian Penal Code - Misplaced Pages Continue

2080-415: The commission to suo motu take up matters for discussion and submit recommendations has also worked well to the advantage of India's legal system. The history of the commission is replete with such recommendations which have been made in the wake of the hour and where the law has needed change. Further, the commission has been often returned to review its earlier reports in the wake of changed scenarios and

2145-510: The commission. The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions and those administered by the East India Company , which was granted royal charters and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the company exercised control. During this period of administration by

2210-538: The company, two sets of laws operated in the areas; one which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens. This was considered as a major stumbling block for proper administration by the British government during the times which is now known as the British Raj . In order to improve the law-and-order situation and also to ensure uniformity of legal administration, various options were looked for. Until then

2275-588: The criminal law more accessible to laypeople. A code may help avoid a chilling effect where legislation and case law appears to be either inaccessible or beyond comprehension to non-lawyers. Alternatively critics have argued that codes are too rigid and that they fail to provide enough flexibility for the law to be effective. Jurisdictions of many countries, such as Algeria , Argentina , Australia , Austria , Brazil , Canada , Chile , China , Denmark , Egypt , Finland , France , Germany , India , Iran , Israel , Italy , Japan , South Korea , Mexico ,

2340-646: The death penalty as a maximum allowable punishment. There is ongoing debate about abolishing capital punishment. In 2003, the Malimath Committee submitted its report recommending several far-reaching penal reforms including separation of investigation and prosecution (similar to the CPS in the UK) to streamline criminal justice system. The essence of the report was a perceived need for a shift from an adversarial to an inquisitorial criminal justice system, based on

2405-427: 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. Adultery was omitted under Bharatiya Nyaya Sanhita in 2024. However, BNS retains the essence of Section 498 from the IPC (Clause 84), which penalizes a man for enticing another man's wife to engage in intercourse with any person. Sections 120B (criminal conspiracy), 121 (war against

2470-712: 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

2535-614: The field of law. B. Law and Poverty (i) Examine the Laws which affect the poor and carry out post-audit for socio-economic legislations. (ii) Take all such measures as may be necessary to harness law and the legal process in the service of the poor. C. Keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure: (i) elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting

2600-568: The 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 the subcontinent during the British rule in 1862. However, it did not apply automatically in the Princely states , which had their own courts and legal systems until the 1940s. While in force, the IPC was amended several times and

2665-402: The following reports. The Seventh Law Commission was established in 1974 again under the chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1977. It presented the following reports. The Eighth Law Commission was established in 1977 under the chairmanship of Justice H. R. Khanna . It stayed in office till 1979. It presented the following reports. The Ninth Law Commission

Indian Penal Code - Misplaced Pages Continue

2730-412: The following reports. The Twelfth Law Commission was established in 1988 under the chairmanship of Justice Manharlal Pranlal Thakkar . It stayed in office till 1989. It presented the following reports. The Thirteenth Law Commission was established in 1991 under the chairmanship of Justice K. N. Singh . It stayed in office till 1994. It presented the following reports. The Fourteenth Law Commission

2795-627: The government on legal reform, and is composed of legal experts, and headed by a retired judge. The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice . The first Law Commission was established during colonial rule in India by the East India Company under the Charter Act of 1833 and was presided over by Lord Macaulay . After that, three more commissions were established in British India. The first Law Commission of independent India

2860-469: The government's policies. The Supreme Court of India and academia have recognized the commission as pioneering and prospective. In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations. The fact that the chairman of the commission is generally a retired judge of the Supreme Court has helped the prominence of the commission. The Commission reviews judicial administration to ensure that it

2925-489: The impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized. In 2015, the Law Ministry had forwarded a list of 48 former judges of high courts and Supreme Court to the Prime Minister's Office to select the next Law Commission chairperson. The term of the 20th Law Commission ended on 30 August last year and the Union Cabinet approved creation of

2990-678: The law of England at the time, elements were also derived from the Napoleonic Code and Edward Livingston 's Louisiana Civil Code of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. The drafting was completed in 1850 and the code was presented to the Legislative Council in 1856, but it did not take its place on

3055-408: The long continuing 21 and 18 respectively. With all its past and present works being continuously provided on the internet, the commission has also provided a firm assistance to legal research in the country. The fact that a number of its reports have been taken receptively by the various ministries and have been worked upon to change the legal scenario, is itself a sufficient indicator of the role of

3120-490: The often inconsistent nature of English law, the creation of a satisfactory code became very difficult. The project was officially abandoned in 2008 although as of 2009 it has been revived. A statutory Criminal Law Codification Advisory Committee for Irish criminal law met from 2007 to 2010 and its Draft Criminal Code and Commentary was published in 2011. In the United States, a Model Penal Code exists which

3185-679: The penal code he wrote come into force, having died near the end of 1859. The code came into force in Jammu and Kashmir on 31 October 2019, by virtue of the Jammu and Kashmir Reorganisation Act, 2019 , and replaced the state's Ranbir Penal Code . On 11 August 2023, the Government introduced a Bill in the Lok Sabha to replace the Indian Penal Code with a draft Code called the Bharatiya Nyaya Sanhita (BNS) . The objective of this Act

3250-614: The proposals are cleared by the various ministries and approved by the Cabinet , the Ministry of Law and Justice goes for drafting of the implementing legislation or follows the draft submitted by the Law Commission (which usually is the case) and presents the same for approval before the Parliament . The Law Commission of India, though an ad hoc body, has been key to law reform in India. Its role has been both advisory and critical of

3315-594: The region due to repeated mentions of it in Bollywood movies and regional pulp literature . Dafa 302 was also the name of a Bollywood movie released in 1975. Similarly, Shree 420 was the name of a 1955 Bollywood movie starring Raj Kapoor . and Chachi 420 was a Bollywood movie released in 1997 starring Kamal Haasan . Criminal code Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on

SECTION 50

#1732764914338

3380-437: The report submitted. Upon receipt of the report, it is the responsible for follow-up action on the recommendations made by the commission in the report. Generally, the Ministry of Law and Justice forwards the report with its remarks to other relevant ministries in the government and seeks from them their opinion on the relevance of the recommendation and finalizes with them the manner of implementation of these recommendations. When

3445-403: The services of eminent law experts and jurists who are familiar with the matter under review. These experts may either work part-time with the commission or may have been requested to contribute to specific reports or issues under review. According to the commission's website, the commission's regular staff consists of about a dozen research personnel of different ranks and varied experiences with

3510-467: The side-lines of the Law Commissions and ensured the passage of the following noteworthy laws; The tradition of pursuing law reform through the medium of a law commission was continued in post-independent India. The first law commission in independent India was established in 1955 and since then twenty more law commissions have been established. Each of these commissions have been chaired by

3575-689: The statute book of British India until a generation later, following the Indian Rebellion of 1857 . The draft then underwent a very careful revision at the hands of Barnes Peacock , who later became the first chief justice of the Calcutta High Court , and the future puisne judges of the Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860. The code came into operation on 1 January 1862. Macaulay did not survive to see

3640-426: The whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offences have been created in addition to the code. The Indian Penal Code of 1860, subdivided 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. The Outline

3705-577: Was appointed chairman of the 21st Law Commission. Justice Ravi R. Tripathi, retired judge of the Gujarat High Court was appointed as Full-time Member. On 10 June 2016, Satya Pal Jain , Additional Solicitor General of India , was appointed as part-time member of the commission. The Twenty-Second Law Commission was constituted for a period of three years on February 21, 2020 and its chairperson, Justice Rituraj Awasthi (retd), assumed office on November 9, 2022. The Commission’s three year term

3770-408: Was established in 1955 for a three-year term. Since then, twenty-one more commissions have been established. The last chairman of the Law Commission was retired Supreme Court judge Justice B.S. Chauhan , who completed his tenure on 31 August 2018. Subsequently, the commission has not been reconstituted. In February 2020, the Government of India announced its intention to reconstitute the commission, and

3835-472: Was established in 1964 and was again under the chairmanship of Justice J. L. Kapur. It stayed in office till 1968. It presented the following reports. The Fifth Law Commission was established in 1968 under the chairmanship of K. V. K. Sundaram . It stayed in office till 1971. It presented the following reports. The Sixth Law Commission was established in 1971 under the chairmanship of Justice P. B. Gajendragadkar . It stayed in office till 1974. It presented

3900-455: Was established in 1979 under the chairmanship of Justice P. V. Dixit . It stayed in office till 1980. It presented the following reports. The Tenth Law Commission was established in 1981 under the chairmanship of Justice K. K. Mathew . It stayed in office till 1985. It presented the following reports. The Eleventh Law Commission was established in 1985 under the chairmanship of Justice D. A. Desai. It stayed in office till 1988. It presented

3965-449: Was established in 1995 under the chairmanship of Justice K. Jayachandra Reddy . It stayed in office till 1997. It presented the following reports. The Fifteenth Law Commission was established in 1997 under the chairmanship of Justice B. P. Jeevan Reddy. It stayed in office till 2000. It presented the following reports. The Sixteenth Law Commission was established in 2000. For the period till 2001 Justice B. P. Jeevan Reddy continued as

SECTION 60

#1732764914338

4030-586: Was established on 1 September 2006 and continued till 31 August 2009. Justice M. Jagannadha Rao continued to serve as the chairman of the commission until 28 May 2007 on which date Justice A. R. Lakshmanan was appointed as the chairman of the commission. It presented the following reports. 2009 The nineteenth Law Commission of India's chairman was Justice P. V. Reddi, 2009–2012. The Twentieth Law Commission of India's chairman were Justice D. K. Jain from January 2013 to October 2013 and Justice A. P. Shah from November 2013 to August 2015. The Terms of Reference of

4095-584: Was instituted. The first Law Commission was established in 1834 by the British government under the chairmanship of Lord Macaulay . It suggested various enactments to the British government, most of which were passed and enacted and are still in force in India. Few of the most important recommendations made by this first Law Commission were those on the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by

4160-469: Was supplemented by other criminal provisions. Despite promulgation of the BNS, litigation for all relevant offences committed before 1 July 2024 will continue to be registered under the IPC. The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1835. Based on a simplified codification of

4225-422: Was to end on February 20, 2023, but the Union Cabinet extended its term up to 31st August, 2024. The Twenty-Second Law Commission was constituted for a period of three years on August 31, 2024 upto August 31, 2027. The Law Commission works in close co-ordination and under the general instruction of Ministry of Law and Justice . It generally acts as the initiation point for law reform in the country. Internally,

#337662