About Indian penal code,1860


Indian penal code,1860

By:-   simmi jha

Indian penal code,1860 is the criminal code of republic of India. There are total 511 section in IPC and it is divided into 23 chapters. In simple language we can say that it is a document which defines the nature of  wrongful act of human being and it also contain punishment for that. The IPC extends to whole of India. The indian penal code didn’t apply to Jammu and Kashmir before 31 October 2019, but now it is applicable in Jammu and Kashmir also. Punishment under IPC can be extended both to offence committed within India as well as offence committed beyond.

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In the year 1862, it came into force in all British presidencies , although it didn’t apply to princely states because princely states had their own courts and legal system.

Historical background

In primitive stage , there was no criminal law . At that time person takes revenge by causing injury. An eye for an eye, A tooth for tooth was law. When civilisation advanced, the injured person agreed to accept compensation instead of killing his advessary. At that time  Hindus had their own law and Muslims had their own law. They were govern according to their respective law. If  muslims were killing Hindus,problems were arising that which law will apply so there was  a need for such a thing which would govern everyone and which applies uniformly to all. For this reason, the decision to bring IPC was taken .

Elements of a Crime

In the charter Act of 1833, all india legislature was created. In this act  the office of law member created in the council of Governor general. Lord Thomas Babington Macaulay was the first law member of executive council of Governor General of India.
After that in the year 1834, first law commission was appointed and lord Macaulay was the chairman of first law commission.

Heinous and serious offences such as murder, rape and dacoity cannot be quashed on the ground of Settlement
First law commission prepared a draft of IPC and draft completed on 1850. In 1856, the code was presented to the legislative council, but it didn’t take effect. After that on 6th October 1860, it has been passed in the legislative assembly after that it got the assent from Governor General of India. And finally it was enforced on 1st January 1862.

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