DESCRIPTIONS:
People want to know some important sections in Indian Penal Code ( IPC ), So we are giving the crispy and short detail of IPC. IPC sections are basically used for criminal cases.
IMPORTANT SECTIONS:
SECTION – 120-B
PUNISHMENT OF CRIMINAL CONSPIRACY :
1.Two or more persons agree to do or cause to be done an illegal act or an act which is not illegal by illegal means i.e. there must be at least 2 persons who conspire. However, a person may be indicted alone for the offence of criminal conspiracy if the other co-conspirators are unknown, missing or dead.
2.Joint evil intent to do an illegal act or an act that is not illegal by illegal means is necessary.
PUNISHMENT:
Where the criminal conspiracy is to commit a serious offence: In cases where the conspiracy is to commit an offence-
1.Punishable with death,
2.Imprisonment for life or
3.Rigorous imprisonment for a term of two years or upwards
4.where no express punishment is provided under the Code for such conspiracy, Everyone who is a party to such a criminal conspiracy shall be punished in the same manner as if he had abetted such offence. Criminal conspiracy to commit offences other than those covered in the first category: Whoever is a party to such a criminal conspiracy shall be punished with imprisonment of either description for a term not exceeding six months or with fine or with both.
SECTION – 300
MURDER:
Murder is defined under Section 300 of the Indian Penal Code. According to this Act, culpable homicide is considered as murder if:
1.The act is committed with an intention to cause death.
2.The act is done with the intention of causing such bodily injury which the offender has knowledge that it would result in death.
3.The person has the knowledge that his act is dangerous and would cause death or bodily injury but still commits the act, this would amount to murder.
The exceptions are
1.Grave and sudden provocation
2.Exercise of legal power
3.Private defenses.
4.Consent in case of passive euthanasia and
5.Without premeditation in a sudden fight.
SECTION 302
PUNISHMENT OF MURDER:
Whoever commits murder is punishable wit
1.Death;
2.Life imprisonment;
3.Imposition of fine.
SECTION 304 – B
DOWRY DEATH:
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death
Explanation:
For the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
SECTION 307
ATTEMPT TO MURDER:
Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
Attempts by life convicts:
When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
SECTION 309
ATTEMPT TO COMMIT SUICIDE:
Whoever attempts to commit suicide and does any act towards the commission of such offence shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.
SECTION 323
PUNISHMENT FOR VOLUNTARILY CAUSING HURT:
This section deals with punishment for voluntarily causing hurt. It states that whoever voluntarily causes hurt to any person shall be punished with imprisonment, which may extend to one year, or a fine to one thousand rupees, or both. The punishment may be increased if the hurt is caused by means of any poison, corrosive substance, or explosive substance, or by means of fire, heated substance, or by means of any acid or alkali.
SECTION 324
PUNISHMENT FOR VOLUNTARILY CAUSING GRIEVOUS HURT:
When a person is voluntarily hurt by the use of a dangerous weapon or means, the act comes under the purview of voluntarily causing hurt by dangerous weapons or means. The Section further states that voluntary hurt is caused by:
1.Any instrument for shooting, stabbing or cutting; or
2.Any instrument used as a weapon of offence that is likely to cause death; or
3.Fire or any heated substance; or
4.Any type of poison; or
5.Any corrosive substance; or
6.Any explosive substance; or
7.Any substance that is deleterious to the human body for inhaling, swallowing or receiving into blood; or
8.Any animal.
Then the accused is punished with imprisonment, which may extend to 3 years, a fine, or both.
SECTION 362
ABDUCTION:
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. That is abduction is an offence in which a person is moved from one place, against his/ her will by forceful compulsion or by use of deceitful means.
Punishment:
Abduction is an auxiliary act, not punishable by itself unless accompanied with some intent specified under Section 364-366. So, a particular purpose is necessary to punish an accused.
SECTION 363:
PUNISHMENT FOR KIDNAPPING:
Whoever kidnaps any person from 1 [India] or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
DIFFERENCE BETWEEN ABDUCTION AND KIDNAPPING:
Kidnapping primarily revolves around the intention of extracting ransom or causing harm, while abduction involves the act of wrongfully taking a person away from their lawful guardianship.
SECTION 376
PUNISHMENT FOR RAPE:
Whoever, except in the cases provided for in sub-section (2), commits rape shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extended to imprisonment for life, and shall also be liable to fine. Whoever—
1.Being a police officer, commits rape,
2.Being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
3.Being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
4.Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
5.Being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
6.Being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
7.Commits rape during communal or sectarian violence; or
8.Commits rape on a woman knowing her to be pregnant; or
9.Commits rape, on a woman incapable of giving consent; or
10.Being in a position of control or dominance over a woman, commits rape on such woman; or
11.Commits rape on a woman suffering from mental or physical disability; or
12.While committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
13.Commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than 10 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous
imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for
life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to
fine.
SECTION 378
THEFT:
Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft. The essential elements of theft as follows:
1.The subject of theft should be a movable property;
2.It should be in the possession of anyone;
3.There should be a dishonest intention to take it out of that person’s possession without his consent and;
4.A moving in order to such taking.
SECTION 379
PUNISHMENT FOR THEFT:
Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
SECTION 392
PUNISHMENT FOR ROBBERY:
Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
SECTION 395
PUNISHMENT FOR DACOITY:
Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
DACOITY:
When five or more persons conjointly commit or attempt to commit a robbery then it is said to be a dacoity.
SECTION 396
DECOITY WITH MURDER:
If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
SECTION 415
CHEATING:
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
SECTION 417
PUNISHMENT FOR CHEATING:
Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
SECTION 420
CHEATING & DISHONESTLY INDUCING DELIVERY OF PROPERTY:
Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into valuable security, Shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
SECTION 442
HOUSE TRESPASS:
Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”. Section 448 of IPC provides for the punishment for the offence of house trespass, i.e. Imprisonment of
either description for a term which may extend to one year, or fine which may extend to one thousand rupees, or both.
SECTION 465
PUNISHMENT FOR FORGERY:
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
SECTION 498-A
CRUELTY BY HUSBAND OR RELATIVE OF HUSBAND:
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
SECTION 499
DEFAMATION:
Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.