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Topic: Indian Penal Code


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In the News (Mon 4 Jun 12)

  
  Indian Penal Code - Wikipedia, the free encyclopedia
Indian Penal Code (IPC) provides a penal code for all of India including Jammu and Kashmir, where it was renamed the Ranbir Penal Code (RPC).
Indian Penal Code came into force in 1862 (during the British Raj) and is regularly amended, such as to include section 498-A. The code contains several sections related to dowry law in India.
The Indian Penal Code was inherited by Pakistan and Bangladesh, formerly part of British India.
en.wikipedia.org /wiki/Indian_Penal_Code   (378 words)

  
 Section 377 of the Singapore Penal Code - Wikipedia, the free encyclopedia
It was incorporated by the British colonial administration in the late 1850s, in particular by Lord Thomas Macaulay who drafted the Indian Penal Code to replace Hindu criminal law which had hitherto held sway in the greater part of India.
Section 377 became effective as part of the new British-imposed Indian Penal Code from January 1, 1862, and was adopted by the colonial masters, also as Section 377 into the Straits Settlements Penal Code in 1871.
Both sections were absorbed unchanged into the Singapore Penal Code when the latter was passed by Singapore's Legislative Council on January 28, 1955.
en.wikipedia.org /wiki/Section_377_of_the_Singapore_Penal_Code   (694 words)

  
 [No title]   (Site not responding. Last check: 2007-10-31)
Section 307(3) of the Code by empowering the High Court either to acquit or convict the accused after considering the entire evidence, giving due weight to the opinions of the Sessions Judge and the jury, virtually conferred the functions both of the jury and the Judge on it.
80 of the Indian Penal Code is on the prosecution.
300 of the Indian Penal Code, the question "whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is one of fact", and therefore, unlike in England, in India both the aforesaid questions fall entirely within the scope of the jury and they are for them to decide.
judis.nic.in /supremecourt/qrydisp.asp?tfnm=4062   (16572 words)

  
 INDIAN PENAL CODE 1860   (Site not responding. Last check: 2007-10-31)
THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860 1* [6th October, 1860.] CHAPTER I INTRODUCTION CHAPTER I INTRODUCTION Preamble.-WHEREAS it is expedient to provide a general Penal Code for 2*[India]; It is enacted as follows:-- 1.
Title and extent of operation of the Code.--This Act shall be called the Indian Penal Code, and shall 3*[extend to the whole of India 4*[except the State of Jammu and Kashmir]].
And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.] 41.
www.austlii.edu.au /~andrew/CommonLII/IN-num_act/ipc1860111   (9187 words)

  
 Eastern Book Company - Practical Lawyer
The punishment of transportation under the IPC depending on the particular offence could be for life or for a term (of years) and involved the convict being sent into banishment to an appointed place or locality[2] or into exile[3] to such places commonly known as Penal Settlements.
Ordinarily therefore a sentence of 10 years' rigorous imprisonment is regarded by the Code as the equivalent of a sentence of transportation for life, the reason being no doubt that the conditions attending transportation were expected to be less arduous than those of a convict undergoing rigorous imprisonment.
Section 58 of the Indian Penal Code no doubt provides that any convict sentenced to transportation may, until he is transported, be dealt with in the same manner as if sentenced to rigorous imprisonment; but it is sufficiently clear that such rigorous imprisonment was intended to be temporary.
www.ebc-india.com /lawyer/articles/9905a2.htm   (3494 words)

  
 Computer Crime: Electronic Commerce Act -1998
For, example, the Indian Penal Code covers all acts of larceny, without any limitations regarding the means by which the larceny is committed.
It can be argued that the use of fraud in obtaining computer services could be covered by the Penal Code; however, to the extent that intangible "goods" are being received or altered or the means of access to the services is through cyberspace, the applicability of the Penal Code is unclear.
As indicated in the commentary to Section 49, the Indian Penal Code already provides for penalties in the case of many criminal acts without regard to whether a computer is involved.
www.indianembassy.org /policy/Commerce/ECommerce/computer_crime.htm   (1059 words)

  
 Hacking Issues: An Indian Perspective
However Section 23 of the Indian Penal Code defines “wrongful loss” to mean “loss by unlawful means of property to which the person losing it is legally entitled”.
Two Indian computer trainers were arrested in January 2001 for allegedly trying to hack into the computers of the State Bank of India, the country's biggest commercial bank, and other state agencies.
Indian companies spend only 0.8% of their total infotech spending on maintaining security of their hardware and software against the global average of 5.5%.
www.asianlaws.org /projects/hacking_indian_perspective.htm   (3798 words)

  
 Offences under the Indian Penal Code
From the definition of document in section 29 of the Indian Penal Code, it becomes clear that a document is the matter described or expressed, and not the substance upon which it is so described or expressed.
In subsequent amendments of the various provisions of the Indian Penal Code, it will be seen that wherever the word “document(s)” occurs, it is substituted by “document(s) or electronic record(s)”.
Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
www.asianlaws.org /cyberlaw/library/india/cc/ipc.htm   (4344 words)

  
 Indian Govt's view on homosexuality
Naz Foundation, an NGO working for the welfare of AIDS patients, has challenged the validity of this provision and sought to legalise homosexuality on the grounds that due to fear of police action, consenting adult males having sexual relations were not coming forward to disclose their problems though they were more prone to HIV infection.
"Indian society by and large disapproves of homosexuality and the disapproval is strong enough to justify it being treated as a criminal offence even where adults indulge in it in private," the government said citing the Law Commission's 42nd report.
Studies of the criminal jurisprudence of section 377 of the IPC reveals that in India it has been basically used to punish sexual abuse of children and to compliment lacunae in the rape laws.
www.rediff.com /news/2003/sep/08sex.htm   (544 words)

  
 www.abolition-ecpm.org
Indian Penal Code of 1860 - Constitutional provisions - the history of the debate pre and post independence - political parties and the discussion on the subject including abolition - widening the scope of the penalty and its reasons (drugs, terrorism, social crimes) - Judicial interpretations
Capital Punishment is laid down as a penalty in several legislative Acts, such as the Indian Penal Code, 1860, (IPC) and the penalty provisions of national security and anti-narcotics legislation.
It is suggested that in practice, the Indian Criminal Justice System has not been able to cope with the weight of an immense caseload, lack of resources, and the vital needs of mostly impoverished defendants.
www.abolition.fr /fra/p4s206p07.htm   (2987 words)

  
 [No title]   (Site not responding. Last check: 2007-10-31)
The provisions against SEC are mainly in the Indian Penal Code and in the Immoral Traffic Prevention Act of 1956, amended in 1986.
Conspiracy to commit an offence under the Penal Code is generally punished.

Under the Immoral Traffic Prevention Act it is illegal to procure, cause or induce a person to engage in prostitution or to profit from someoneand#8217;s engagement in prostitution.

Two provisions in the Indian Penal Code prohibit circulation of obscene material in general and specifically distribution of such material to minors (under 18 years of age).
www.ecpat.net /eng/Ecpat_inter/Country/Protection/India.html   (1007 words)

  
 Indian Pediatrics - Editorial
According to the provisions of Indian Penal Code 1860 (IPC) any act of commission or omission is not a crime unless it is accompanied by a guilty mind (MENS REA).
Most of the times doctors treatment is in good faith, with the consent of the patient and hence most of the provisions of IPC are not applicable to the doctors unless or until there is rashness or gross negligence.
319-322 of IPC are related to causing grievous hurt for example loss of limbs, loss of vision, loss of hearing or disfigurement etc. Sec.
www.indianpediatrics.net /dec2002/dec-1119-1125.htm   (2721 words)

  
 Indian Laws Online   (Site not responding. Last check: 2007-10-31)
Under Indian Constitution, everybody shall be equal before law.
Article 44 of the Constitution, a Directive Principle of State Policy, provides that the State shall endeavour to secure for the citizens a Uniform Civil Code relating to marriage, divorce and succession for all citizens irrespective of their religion.
One religious sect seeks to challenge this proposal on the ground that marriage laws are integral to its religion.
www.indianlawsonline.com   (251 words)

  
 WLUML: Calls for Action
They were also charged under Section 292 of the Indian Penal Code (sale of obscene books), Section 3 and 4 of the Indecent Representation of Women (Prohibition) Act, 1986 (prohibition of advertisements or publication containing indecent representation of women), and Section 60 of the Copyright Act, 1957 (remedies in the groundless threat of legal proceedings).
We urge you to bring the Indian Penal Code toward conformity with international law by supporting proposals by the Indian Law Commission (172nd report) to eliminate Section 377 altogether, while making IPC provisions on rape gender-neutral in order to criminalize sexual abuse of male children and male-male rape.
Section 377 of the Indian Penal Code punishes "carnal intercourse against the order of nature with any man, woman, or animal" with up to ten years imprisonment, with the explanation that penetration is necessary to constitute this offence.
www.wluml.org /english/actionsfulltxt.shtml?cmd[156]=i-156-3180   (2362 words)

  
 Rape Laws Research Paper   (Site not responding. Last check: 2007-10-31)
Which amended section 376 of the Indian Penal Code and ordered that the penalty for rape should not be less then seven years.
The courts and the penal system in India need to be sensitive to the victims, and show the victims of rape that they will give them justice, and find their rapist guilty upon proven so.
They need to do it for their daughters, grand daughters, and great grand daughters, (if not for themselves) so that they will be able to live in a safe, comfortable, and truthful society that have high regards and respect for their women.
www.louisville.edu /~knlind01/research.html   (1833 words)

  
 grhf: south asia: forums: crimes against women: gender analysis of the indian panel code   (Site not responding. Last check: 2007-10-31)
Before analyzing the specific provisions of the IPC, it is important to remember the distinction in the usage of 'he' by the IPC in contrast with,man' and 'woman'.
A comparison of the penal, procedural and evidentiary provisions relating to Sections 498-A and 304-B shows that the state has followed the policy of symbolic intervention in the private sphere of family at the request of the woman aggrieved by severely injurious conduct of her husband or his relatives.
Section 375 fourthly of the IPC reads" with her consent, when the man knows that he is not her husband, that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
www.hsph.harvard.edu /Organizations/healthnet/SAsia/forums/crimes/articles/gender.html   (9865 words)

  
 India Moves Closer to Abandoning the Death Penalty
In a proposed amendment to its penal code, Indian leaders are seeking to implement a change that would end the nation's death penalty even "in the rarest of rare" cases.
The amended Indian Penal Code would abolish the death penalty and replace it with a strict life without the possibility of parole measure.
The proposed amendment was crafted to reflect an "evolving consensus" within the nation.  The proposal to abolish the death penalty and add a true life sentence seeks to serve the twin objectives of advancing human rights and preventing such criminals from coming out of prison.
www.deathpenaltyinfo.org /article.php?did=1467&scid=64   (253 words)

  
 Tamil women raped by Indian Army
But the vital point of law is whether a trial by the IPC for civil offences committed abroad against nationals of that country can be held out of Indian soil.
A senior lawyer said that the IPC provides for extradition and the trial could be held in held in Sri Lanka according to the laws of that country.
They point out that since section 376 of the IPC provides for sentences up to 10 years of rape, etc. the trials could not be held by SCM which is empowered to sentence the guilty to only one year's imprisonment, besides dismissal from service.
www.tamilnation.org /indictment/indict050.htm   (1426 words)

  
 Indian Penal Code Is Enough To Ward Of Misuse Of Cyber-Identities | ContentSutra   (Site not responding. Last check: 2007-10-31)
Indian Penal Code Is Enough To Ward Of Misuse Of Cyber-Identities
Indian Penal Code Is Enough To Ward Of Misuse Of Cyber-Identities
The liability for comments by one blogger against another does not immunize or preclude Indiatimes against liability of 'electronic distribution” of material it knew it had reason to believe was malicious.
www.contentsutra.com /indian-penal-code-is-enough-to-ward-of-misuse-of-cyber-identities   (195 words)

  
 Right of Private Defence   (Site not responding. Last check: 2007-10-31)
The Indian Penal code defines clearly where a citizen can practically take law in his own hands to defend the person and property, and this is termed as the Right of Private Defence of a Citizen.
The property, whether moveable or immoveable, of him­self/herself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
If in the exercise of the right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he can not effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
www.vakilbabu.com /Laws/RPD.htm   (882 words)

  
 Fight against Injustice - Indian Penal Code (IPC) Section - 498a
Traditionally, in India, a newly married woman was expected to be quiet and submissive to her husband and his relatives, but principally with his mother, sisters and sisters-in-law, with a clear hierarchy operating among the womenfolk.
IPC 211 is applicable which states that the wife is liable for imprisonment up to 7 years (as in case of 498A).
The abuse of elders is generally noticed in Indian families due to conflicts in between parents and the daughter-in-law ‘bahu’.
stannoxane.blogspot.com   (17127 words)

  
 THE INDIAN PENAL CODE (IPC)- Dowry Law Misuse(IPC 498A) By Indian Women.
THE INDIAN PENAL CODE (IPC)- Dowry Law Misuse(IPC 498A) By Indian Women.
Altering appearance of Indian coin with intent that it shall pass as coin of different description.
Possession of Indian coin by person who knew it to be altered when he became possessed thereof-.
mynation.net /ipc.htm   (2589 words)

  
 Annexures
It is suggested that the punishment under sections 171E and 171F should be enhanced to three years in addition to fine in place of the existing punishment of one year of fine or both.
It is also suggested that offences under sections 171G, 171H and 171I of the Indian Penal Code should not only be included in clause (a) of subsection (1) of section 8, but the punishment under the said three sections should also be enhanced to three years in addition to fine.
They too are election offences and deserve to be treated on par with, if not more severely than, the offences mentioned in Chapter IXA of the Indian penal Code.
members.rediff.com /corruption_eradication/annexure.htm   (2372 words)

  
 Penal Code - India - Equal Employment Opportunities
Penal Code - India - Equal Employment Opportunities
Two of the sections of the Code have been used in sexual harassment cases.
Section 354 creates an offence (two years imprisonment, a fine or both) of assault, or using criminal force against, a woman with intent to outrage her modesty.
www.ilo.org /public/english/employment/gems/eeo/law/india/penal.htm   (105 words)

  
 The Criminalization of Social Activism - Broken People: Caste Violence Against India’s “Untouchables” (Human Rights ...
With [few] or no amendments to the Indian Penal Code, 1870, the Criminal Procedure Code, 1930, and the Indian Evidence Act, 1872, the same laws that were used by the British to keep the Indians down are now being used by the upper castes to keep the Dalits down.
227 The most common charges under the Indian Penal Code includesections 147 and 148 on rioting and rioting with a deadly weapon; Section 341 for wrongful restraint; sections 323 and 324 for voluntarily causing hurt; sections 302 and 307 for murder and attempted murder; and Section 427 for mischief.
I am often arrested under Indian Penal Code sections 153(a) [for promoting enmity between different groups] and 120(b) [for criminal conspiracy], and also under the Sedition Act and the National Security Act.
www.hrw.org /reports/1999/india/India994-10.htm   (3924 words)

  
 Consumer Protection Act and Medical Profession-Landmark cases
Indian Penal Code, 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the law of medical malpraxis in India.
A physician can be charged with criminal negligence when a patient dies from the effects of anesthesia during, an operation or other kind of treatment, if it can be proved that the death was the result if malicious intention, or gross negligence.
A doctor charged under this section can obtain bail and if proved guilty, the doctor can be punished with a maximum of two years imprisonment or fine or both.
www.medindia.net /doctors/cpa/case-8.asp   (540 words)

  
 S. G ANGOLI v. STATE OF UTTAR PRADESH(and connected appeal) [1957] INSC 46 (14 May 1957)   (Site not responding. Last check: 2007-10-31)
was confined, to the purposes of the Indian Penal Code and
of the Indian Penal Code a railway servant shall not be
of the Indian Penal Code for criminal conspiracy to cause
www.austlii.edu.au /~andrew/CommonLII/INSC/1957/46.html   (2732 words)

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