The Indian Penal Code (IPC) was the official

criminal code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

of the

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, inherited from

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after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on July 1, 2024. It was a comprehensive code intended to cover all substantive aspects of

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

. The Code was drafted on the recommendations of the first Law Commission of India established in 1834 under the Charter Act 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in the subcontinent during the

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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 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.

History

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 the law of England at the time, elements were also derived from the

Napoleonic Code The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...

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 the statute book of British India until a generation later, following the

Indian Rebellion of 1857 The Indian Rebellion of 1857 was a major uprising in India in 1857–58 against Company rule in India, the rule of the East India Company, British East India Company, which functioned as a sovereign power on behalf of the The Crown, British ...

. 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 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

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to replace the Indian Penal Code with a draft Code called the Bharatiya Nyaya Sanhita (BNS).

Objective

The objective of this Act is to provide a general

penal code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain Crime, offences that are recognised in the jurisdiction, penalties that ...

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 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.

Structure

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 is presented in the following table: 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 is sufficient to constitute the carnal intercourse necessary to the offence described in this section.'' * Section 377 The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same-sex individuals. * On 11 December 2013, the Supreme Court of India overruled the judgment given by the Delhi High court in 2009 and clarified that "Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality". The Bench said: "We hold that Section 377 does not suffer from ... unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable." It, however, said: "Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati." * On 8 January 2018, the Supreme Court agreed to reconsider its 2013 decision and after much deliberation agreed to decriminalise the parts of Section 377 that criminalised same-sex relations on 6 September 2018. The judgement of ''Suresh Kumar Koushal v. Naz Foundation'' was overruled.

Attempt to Commit Suicide – Section 309

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, the

Government of India The Government of India (ISO 15919, ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of States and union t ...

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

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made the Jain practice of undertaking voluntary death by fasting at 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

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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 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.

Adultery – Section 497

The Section 497 of 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 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.

Death penalty

Sections 120B (criminal conspiracy), 121 (war against 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 the death penalty as a maximum allowable punishment. There is ongoing debate about abolishing capital punishment.

Criminal justice reforms

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 Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

system. The essence of the report was a perceived need for a shift from an adversarial to an

inquisitorial An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...

criminal justice system, based on the

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an systems.

Amendments

The code has been amended several times.

Stability and acclaim

The code has substantially survived for over 150 years in several jurisdictions without major amendments. Nicholas Phillips,

Justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...

of the United Kingdom applauded the efficacy and relevance of the IPC while commemorating its 150 years of existence.

Cultural references

Some references to specific sections (called ''dafā/dafa'a'' in Hindi-Urdu, دفعہ or दफ़ा/दफ़आ) of 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 the region due to repeated mentions of it in

Bollywood Hindi cinema, popularly known as Bollywood and formerly as Bombay cinema, is primarily produced in Mumbai. The popular term Bollywood is a portmanteau of "Bombay" (former name of Mumbai) and "Cinema of the United States, Hollywood". The in ...

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 Raj Kapoor (; born as Shrishti Nath Kapoor; 14 December 1924 2 June 1988; also known as Ranbir Raj Kapoor) was an Indian actor, film director and producer, who worked in Hindi cinema. He is considered to be one of the greatest and most influen ...

. and '' Chachi 420'' was a Bollywood movie released in 1997 starring

Kamal Haasan Parthasarathy Srinivasan (born 7 November 1954), known professionally as Kamal Haasan, is an Indian actor, filmmaker and politician who predominantly works in Tamil cinema. Considered as one of the most accomplished actors of Indian Cinema, Haas ...

References

External links

The Indian Penal Code, 1860
– India Code, Government of India
Bare Act
– As Per the Indian Legislature or Parliament {{India topics Acts of the Parliament of India Criminal codes 1860 in British law 1860 in law 1860 in India