Sunday, August 14, 2022

What is IPC? An overview of a few offences under IPC

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The Constitution of India provides security to every citizen in many terms. There are many provisions in the Constitution to punish someone who is doing illegal. The offense is an action that harms others, disturbs the tranquility of a society, and wages war against the state. As per the Constitution, an offense is an act that causes harm to others, upsets the tranquility of society, wages war against the State, etc. It is ubiquitous. Depending upon the severity, offenses are differentiated into several categories.

Meaning and definition of Offences

Offenses are also identified as crimes, unlawful acts, etc. In simple language, it is defined as an illegal act or a breach of law. Whatever offense you face, it is anti-social in nature as they not only disturb the tranquility of society but also creates chaos in society. 

Reasons behind committing an offense can differ either they can be political, social, personal, or economical. The socio-economic condition of society decides the type and frequency of offenses. The economic, and political condition of any country decides the nature of offenses. It means the nature of the offense in developing nations is different from that of a developed nation. 

What does Indian Penal Code 1860 have?

According to the IPC 1860, a British time code has sections related to various offenses. After independence, IPC  has been amended from time to time to add new sections regarding different offenses.

Different kinds of Offences

Offenses are of dynamic in nature and are of various categories. 

Scholars have multiple views regarding several kinds of offenses on the basis of criteria in the following types:

1-Offense against the human body-

Chapter XVI of the IPC, 1860 has offenses against the human body from sections 299 to 376 under the following sections:

Culpable Homicide (Section 299)

Culpable homicide occurs when someone causes death by performing an act with the aim of causing death, via the intention of causing physical injury causing death, or with the knowledge that such activity causes death.

Murder (Section 300)

1-Except in the cases hereinafter excepted, culpa

Except in cases hereinafter excepted, culpable homicide is murder if the act by which the death is caused is done through the intention of causing death, bodily injury, etc.,

Punishment for Murder (Section 302)

There is the provision of a death sentence or life imprisonment for the person who has committed the murder of anyone.

Dowry Death (Section 304 B)

When a woman dies from burns or bodily injury, or dies under unusual circumstances, within seven years of her marriage, and it is proven that 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 is referred to as ‘dowry death,’ and such relative is regarded to have caused her death.

Section 305: Provocating child or Insane for suicide

If a minor called age less than 18 years, a person with a mental disability or an idiot in a state of intoxication commits suicide, due to the influence or abetment of any person, in such case the culprit of abetment is liable for the death penalty or life imprisonment. 

Attempt to Murder (Section 307)

Anyone who performs something that causes death to someone is considered a culprit and is provisioned to be punished with imprisonment of either description for a minimum 10-year term, and maximum life imprisonment.

For example- Mehta stabs Rajan with the intention to kill him, under this situation, Mehta will be guilty of murder and liable to punishment under this section.

Thug (Section 310)

A thug is someone who, at any time after the passage of this act, has been regularly affiliated with another or others for the purpose of committing robbery or kidnapping by means of or in conjunction with murder.

Causing Miscarriage (Section 312)

When someone is accused to cause some woman to carry, and saving the life of a woman, there comes the situation of miscarriage for the good faith of the woman, in this case, the man will be punished with a minimum of 3 years of imprisonment and a fine. And if a woman is quick with the child, then he/she shall be punished with the imprisonment of seven years and a fine. 

Hiding birth or disposing of dead body secretly

If anyone hides the childbirth and disposes of the dead body of child is punishable with 2 years imprisonment or a fine.

Hurt (Section 319)

When someone creates physical pain, disease, or infirmity in others is considered to cause hurt.

Grievous Hurt (Section 320)

Emasculation, permanent loss of sight in one eye or ear, etc., the privation of any member or joint, destruction or permanent impairing of the powers of any member or joint, permanent disfiguration of the head or face, fracture-dislocation of a bone or tooth, any harm that endangers if or causes the sufferer to be in severe bodily pain for more than twenty (20) days, or unable to follow his or her own instructions,

Voluntarily Causing Hurt (Section 321)

When someone does any act with the objective of harming others or tries to do the same is said to have intentionally caused harm. And this person is found guilty under section 321 of the IPC.

Section 327 of the Act

Section 327 deals with the provision to punish the person who is accused of hurting to extort property voluntarily. According to the section, whoever voluntarily hurts someone to extort property is liable to a fine and imprisonment with a maximum of 10 years.

Section 329 of the Act

When someone voluntarily causes grievous harm to extort property or to constrain an illegal act, he/she is found punishable under section 329 of the act.

Section 334 

One who deliberately hurts or likely causes to hurt any person other than the person who gave the provocation is liable to be punished with imprisonment of either description for a term which may extend to one month or a fine of five hundred rupees.

Section 366 A-procuration of a minor girl

That whoever, by any means, induces whatever minor girl under the age of eighteen years to leave any place or to do any act with the intent that such girl may be forced or seduced to illicit intercourse with another person, or knowing that it is likely that she will be, shall be punished by imprisonment for up to ten years and a fine.

Section 372- Selling minor for prostitution

One who sells, or acts as a mediator or hires any person under the age of 18 years with an aim to employ that minor for prostitution or illicit intercourse or unlawful purpose shall be punished with imprisonment of fine and ten years of jail.

Section 373- Buying minor for prostitution

One who hires or obtains the possession of any minor with an aim to use for prostitution or unlawful purpose shall be punished with 10 years jail term, also with a fine.

Offenses causing harm to public peace 

Chapter VIII of IPC sections 141 to 161 mentions these offenses against public tranquility. Let’s have a look at some important sections:

Section 141 Unlawful assembly-A group of five or more people is considered ‘unlawful to assembly” when they work with common objectives causing harm to public peace and harmony. 

Section 144 to join unlawful assembly with fatal weapons

Section 146 deals with unlawful assembly responsible for the rioting 

Section 147 has provisions of punishment for Rioting 

Section 152 Assaulting or Obstructing Public Servants when Suppressing Riot, etc. 

Section 153A Promoting Enmity 

Section 157 Harbouring Persons Hired for an Unlawful Assembly 

Section 159 Affray 

Section 160 Punishment for Committing Affray 

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