IPC

INTRODUCTION PART 2
CRIME
The term “crime” has not been defined in IPC. However, “offence” has been
defined in IPC.
It is very difficult to give a correct and precise definition of crime. Glanville
Williams, admitting the impossibility of having a workable content-based
definition of a crime, points out that the definition of crime is one of the thorny
intellectual problems of law. In ultimate analysis, such a 'difficulty' arises due to
the changing nature of 'crime', an outcome of a state's equally dynamic
'criminal and penal policy'. A number of social and political forces and factors,
individually or cumulatively, play a pivotal role in the formulation of the
criminal policy of a state. It obviously varies according to cultures, social values
and beliefs, and the ideology of the ruling social-political power. Only social
values and culture in vogue and the existing power structure dictate the
'values' and 'social interests' that need 'protection' by using criminal law
'sanctions'.
The Supreme Court in, Sevaka Perumal Vs. State of Tamil Nadu, explained crime
as a social phenomenon that arises when a state is first organized from rules
set by people and the breaking of the same

JURISTS ON CRIME
• AUSTIN: a wrong which is pursued at the discretion of the injured
party and his representatives is a civil injury; a wrong which is
pursued by the sovereign, or his subordinates is a crime
• BLACKSTONE: an act committed or omitted in violation of a public
law either forbidding or commanding it
• JAMES STEPHENS: Crime is an act forbidden by law and which is at
the same time revolting to the moral sentiments of society.
• PROF. KENNY: crimes are wrongs whose sanction is punitive and is
in no way remissible by any private person; but is remissible by the
crown alone, if remissible at law.
• HUDA: Crime is an act that we consider worthy of serious
condemnation.

DIFFERENCE BETWEEN CRIME AND OFFENCE

POINTS OF CRIME OFFENCE
DIFFERENCE
Section Not defined S.40 of IPC and s.2(n) of
Number Cr.PC
Meaning An act committed or Any act or omission made
omitted in violation of punishable by any law for
public law forbidding or the time being in force.
commanding it - William
Blackstone
General Break Social norms. An act that prohibited
Sense any statue
Scope Crime is a wider term. All Offence is a narrower
crimes are not offences, term. All offences are
Crimes.
Classification Classified as: White Collar classified as: Cognizable
Crimes Organized Crimes offences Non-Cognizable
Socio-economic Crimes offences
Recognition Crime is not formally Offence is formally
recognized under penal recognized under penal
laws. laws.
Illustration Blackmailing is a crime but Extortion is an offence
not an offence under section 383 of the
IPC punishable under
section 384.
DIFFERENCE BETWEEN CRIME AND TORT
POINTS OF CRIME TORT
DIFFERENCE
Meaning It is a wrong against the An infringement of civil
society and identified by rights committed against
the state. an individual
Classification A crime gives rise to A tort is a type of civil
of Law criminal proceedings. wrong which gives rise to
civil proceedings
Object To maintain law and To protect the rights of a
order in the society person
Codification Law of crime is a codified Law of tort is uncodified
law law
Violation of Public rights Private rights
Right
Impact It shakes the conscience It gives impact to the
of the society individual.
Intention Generally Intention is Intention is generally not
relevant relevant.
Name of the Offender Wrongdoer
party
Remedy Offender will be Defendant has to pay
sentenced. damages/compensation
decided by the court.
Illustration A and B are rivals. One A and B are neighbours. B
day, A takes a gun loaded plays very loud music at
with bullets and shoots B 2:00 AM, which disturbs
on point-blank. A has A. B can be sued for the
committed the offence of tort of nuisance by A.
murder.
CRIME AND MORALITY
Criminal law is narrower than morality. In no age or nation has
attempted to treat every moral defect as a crime. The idea of crime
involves the idea of some definite, gross, undeniable injury to
someone, where some definite overt act is necessary. No one is
punished for ingratitude, hard-heartedness, absence of natural
affection, habitual idleness, avarice, sensuality and pride. Sinful
thought and dispositions of mind might be the subject of confession
and of penance, but not of criminal proceedings. Criminal law then,
must be confined within narrow limits, and can be applied only to
definite overt act s or omissions, capable of being distinctly proved,
which acts or omissions inflict definite evils, either on specific
persons or on the community at large. It is within these limits only,
that there can be any relation at all between criminal law and
morality. With regard to offences like murder, rape, arson, robbery,
theft or the like, there is common hatred towards them both by law
and morality. Law and morals powerfully support and greatly
intensify each other in this matter. Everything which is regarded as
enhancing the moral guilt of a particular offence, is recognized as a
reason for increasing the severity of the punishment awarded to it.
MALA IN SE: Against the principle of morality
MALA PROHIBITA: Prohibited by law (punishable by law)

PREAMBLE
WHEREAS it is expedient to provide a general Penal Code for India; It
is enacted as follows:
Objective- the preamble of IPC states that the object of the code is t
provide a “general penal code for India”. The substantive law of
crimes in India is thus what is contained in the IPC. It consolidates the
whole of the law on the subject and is exhaustive on the matters in
respect of which it declares the law.
Chapter I – Introduction
Section 1: - Title and extent of operation of the Code This Act shall be
called the Indian Penal Code and shall extend to the whole of India.
Jurisdiction
Section 2, of the code relates to intraterritorial jurisdiction of Indian
courts. It states that where any offence, has been committed by any
person in India, he can be tried and punished in India. As a general
rule, the jurisdiction of a criminal court is determined on the basis of
crime or locality of offence irrespective of nationality, citizenship or
domicile of the offender. Section 2 of the Code recognizes this
principle. The phrase "every person" means every person irrespective
of citizenship, nationality, race, religion, caste, sex, etc., except who
are exempted from the jurisdiction of courts. This is based on the
principle that "the crime carries the person" (crimen trahit
personam).
Thus, if a foreign national commits a crime, for example, unnatural
offence or adultery in India, he can be tried and punished under IPC.
He can neither plead ignorance of law nor can justify his act on the
ground that in his country, the act in question is not considered a
crime. It has been said that when a foreigner enters Indian territory
and thereby accepts the protection of Indian Laws, impliedly he also
gives an undertaking or assurance to abide by all laws which are
operative in India.
Exemption from Criminal Liability
Section 2 IPC makes 'every person" liable to punishment for every act
or omission under the Code. Certain categories of persons, however,
are exempted from criminal prosecution. The following are some of
the recognized categories:
1. foreign sovereigns,
2. UN officials;
3. foreign ambassadors, diplomats and envoys;
4. alien enemies
5. President and Governors;
6. foreign army
7. warships, etc.
Extraterritorial Jurisdiction
Sections 3 and 4 of the Code deal with extraterritorial jurisdiction of
Indian courts. Section 3 enacts that if a person liable under Indian
law commits an offence beyond India, he can be tried under the
Code for such act in the same manner "as if such act had been
committed within India". Section 4 extends the provisions of the
Code to an offence committed by a citizen of India anywhere beyond
India as also an offence committed by any person on a ship or aircraft
registered in India.
Illustration
A, who is a citizen of India, commits a murder in Uganda. He can be
tried and convicted of murder in any place in India in which he may
be found.
Offences Committed Outside India
Offences outside India can be committed by any person: i) on land; ii)
in water, or iii) in air.
Offences committed on land
Where an offence is committed by an Indian citizen beyond India, he
can be tried and punished under the Code. This is based on the rule
that the jurisdiction of the court over its citizens is not lost by the
reason of the venue of offence. Substantive law as to extraterritorial
jurisdiction of Indian courts is found in Sections 3 and 4 of IPC while
procedure has been laid down in Section 188, Criminal Procedure
Code, 1973. Thus, a citizen of India committing murder in Uganda can
be tried and convicted for an offence of murder in India. Again,
where an Indian citizen committed an offence outside India where
such act was not an offence, yet he was held liable to be tried and
punished in India since such act was an offence under IPC.
But if at the time of the commission of the offence in a foreign
country, the accused is not an Indian citizen, he cannot be dealt with
under the Code even if he/she acquires Indian citizenship subsequent
to the commission of an offence.
Offences committed in water
Section 4(2) IPC also applies where an offence has been committed
on any ship. This is known as an "admiralty jurisdiction"...Admiralty
jurisdiction applies to the following cases:
i. offences committed on Indian ships on high seas;
ii. offences committed on foreign ships in territorial waters of India;
and
iii. offences committed by pirates.
Offences committed on Indian ships
Where an offence is committed on an Indian ship, it can be tried by
an Indian court wherever the ship may be, even on high seas. This is
based on the principle that a ship is a "floating island" and belongs to
the country whose flag it is flying. Hence, a person committing a
crime on board (whether an Indian citizen or a foreigner) is subject to
the provisions of IPC if such a vessel is flying under the Indian flag.
Offences committed in the territorial waters of India
The admiralty jurisdiction also applies where an offence is committed
on a foreign ship, i.e., a vessel not registered in India if she (such
vessel) is within the territorial waters of India. In such cases, it can be
said that an offence has been committed in India and the offender is
liable to be punished under IPC. But where an offence has been
committed by a foreigner on high seas on a ship not registered in
India, an Indian court has no jurisdiction over the accused of such a
crime.
Offences committed by pirates
To define simply, "piracy" is an act of robbery or dacoity committed
on ship or vessel at sea. It consists of those acts of robbery and
violence upon the sea, which if committed upon land would amount
to felony. Pirates have no authority or permission from any Sovereign
or State, empowering them to attack others. They are, therefore,
regarded as robbers. According to Cicero, they are common enemies
of all (communis hostis omnium).
Piracy is an offence against International Law or Law of Nations. A
pirate is, hence, subject to arrest, trial and punishment by all States
as an enemy of mankind. Actual act (robbery or dacoity) is not an
essential element of piracy. A frustrated attempt to commit a
piratical robbery amounts to piracy jure gentiutn.
Offences committed in air
All principles applicable to offences committed on a ship also apply to
offences committed on an aircraft.
Hijacking of an aircraft has emerged as an offence of international
dimension. It is also called "skyjacking". It is triable by courts
wherever it has been committed. Ignorance of law is no excuse in
such cases.
Admiralty Jurisdiction
Admiralty is that branch of law which relates to maritime property,
affairs and transactions, civil as well as criminal. Admiralty
jurisdiction, is jurisdiction to try offences committed on high seas and
in territorial waters. It is thus a maritime branch of administration of
justice.
Extradition
"Extradition" is an act of surrendering by one State to another of a
person desired or required to be dealt with for a crime for which he
has been accused or convicted and which is justiciable or triable in
the other State. The doctrine of extradition is based on two
principles:
1. It is in the interest of all civilized societies that no criminal should
go unpunished; and
2. No State should allow its territory to become a place of refuge for
criminals of other countries.
Surrender of an accused or a convict of another State (whether a
citizen or an alien) is a political act done in pursuance of a treaty
between the two countries. In India, the question relating to
extradition can be determined in accordance with the provisions of
Extradition Act, 1962.

Section 5- Certain laws not to be affected by this Act

Section 5 IPC talks about the laws as well as provisions of this code
which will not be applicable to the categories which have already
existing laws to deal with the respective matters.
Sec 5 IPC specifically states that nothing in this Act shall affect the
provisions of any Act for punishing and desertion of officers, soldiers,
sailors, or airmen in the service of the Government of India or the
provisions of any special or local law.
In simpler terms, this section, IPC 5, exempts the jurisdiction of IPC in
the cases related to the officers engaged in the service of the
Government of India. Some of these issues are the desertion of
officers, soldiers, sailors, or the airmen.
The issues related to the mutiny (rebellion against the constituted
government) and desertion of officers are dealt with the separate
laws. For example, in case of any issue that has arisen in the Indian
army, in order to resolve such an issue, there is Army Act 1950, for
the Navy personnel it is Navy Act 1957 and for the Air Force there is
Air Force Act 1950 and Air Force and Army Laws (Amendment) Act,
1975.
Section 5 of the Indian Penal Code is a saving clause as it excludes the
operation of the IPC in cases where separate provisions or special
laws have been made to deal with such issues.