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Indian Penal Code 1860 Differences

The document outlines various legal distinctions under the Indian Penal Code (IPC) 1860, including differences between government servants and public servants, as well as various legal concepts such as dishonestly vs. fraudulently, and common intention vs. common object. It provides specific sections of the IPC that relate to each difference, highlighting key elements and requirements for each legal term. The document serves as a comparative guide for understanding these legal definitions and their implications.

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Dilip Jani
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18 views5 pages

Indian Penal Code 1860 Differences

The document outlines various legal distinctions under the Indian Penal Code (IPC) 1860, including differences between government servants and public servants, as well as various legal concepts such as dishonestly vs. fraudulently, and common intention vs. common object. It provides specific sections of the IPC that relate to each difference, highlighting key elements and requirements for each legal term. The document serves as a comparative guide for understanding these legal definitions and their implications.

Uploaded by

Dilip Jani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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INDIAN PENAL CODE 1860

DIFFERENCES

1 DIFFERENCE BETWEEN GOVERNMENT SERVANT AND PUBLIC SERVAT

GOVERNMENT SERVANT PUBLIC SERVANT


1 A servant of the government by an order or 1 it is not necessary to appoint public servant
authority of the government
2 government servant receives salary from 2 it is not necessary to pay salary to public
government treasury as remuneration servant
3 government servant is bound to perform all 3 public servant generally is servant of public
that works for which he is appointed or hence he performs only public works
handed over
4 every government servant is public servant 4 but every public servant is not government
servant
5 section 14 IPC 5 section 21 IPC

2 DIFFERENCE BETWEEN DISHONESTLY AND FRAUDULENTLY

DISHONESTLY FRAUDULENTLY
1 Section 24 of IPC 1 Section 25 of IPC
2 in dishonestly the owner of property must 2 not necessary in fraudulently mere
be deprived of the property possibility is enough
3 in dishonestly owner of property must have 3 mere deception is only enough no gain or
wrongful gain or wrongful loss loss
4 cheating is not a necessary element of 4 in fraudulently there is always deception
dishonestly
5 wrongful gain and wrongful loss are 5 not necessary in fraudulently
essential elements of dishonestly
6 in dishonestly the victim is known of the 6 it is not necessary in fraudulently
danger

3 DIFFERENCE BETWEEN SECTION 34 AND 35

SECTION 34 SECTION 35
1 common intention is not necessary element 1 criminal knowledge or intention is essential
element
2 common intention of accused is necessary 2 every accused must have different intention
and knowledge
3 all accused are held liable as if each one 3 every accused is liable for only his own act
had committed an act for which they had
common intention
4 all accused have done act in furtherance of 4 not necessary on this
common intention
4 DIFFERENCE BETWEEN SECTION 34 AND 114

SECTION 34 SECTION 114


1 In section 34 an offence is done by several 1 when an act is done by one person on
persons in furtherance of their common abetment of another person
intention
2 all accused are liable as if they have 2 in this, when the abetter is present at the
committed offence separately. Presence of all time of commission of offence, he is deemed
accused is not necessary to be

5 DIFFRENCE BETWEEN SECTION 34 AND CRIMINAL CONSPIRACY

ACT DONE BY COMMON INTENTION CRIMINAL CONPIRACY SECTION


SECTION 34 120(A)
1 in this act is done in furtherance of 1 in this act or offence is committed by
common intention agreement between two persons
2 it itself is not an offence 2 it itself is an offence
3 in common intention commission of act is 3 in this commission of offence or act is not
necessary necessary. Agreement to commit an offence
is only enough

6 DIFFRENCE BETWEEN COMMON INTENTION AND COMMON OBJECT

COMMON INTENTION (SECTION 34) COMMON OBJECT (SECTION 149)


1 common intention does not create an 1 whereas common object creates an offence
offence itself
2 it must be pre planed 2 it must not be pre planed. In this it must be
proved that there was a common object
between members
3 in common intention contribution is an 3 in common intention contribution is
essential element inactive
4 there is no difference in the time of all 4 in this, motives of the members of the
members of an unlawful assembly unlawful assembly are same but their
intention is different
5 In this number of accused is min 2 6 in this number of accused in 5

7 DIFFRENCE BETWEEN ABETMENT AND CRIMINAL CONSPIRACY

ABETMENT (SECTION 107) CRIMINAL CONSPIRACY (SECTION 120


A)
1 offence of abetment is given in section 107 1 criminal conspiracy is a form of abetment
and 108 of IPC that is it is one of the ways of common object
2 mere conspiracy to commit a crime is not 2 mere agreement to commit any criminal act
enough. It requires the occurrence of any act in not sufficient.
in pursuance of agreement
3 it is not an substantive offence 4 it is substantive offence
8 DIFFRENCE BETWEEN RIOTING AND AFFRAY

RIOTING AFFRAY (SECTION 159)


1 riot can be taken anywhere in public or 2 affray can only be committed in any public
private places place
2 riot is done by five or more than five 2 whereas affray in done by two or more than
members. two persons.

9 DIFFRENCE BETWEEN AFFRAY AND ASSAULT

AFFRAY (SECTION 159) ASSAULT (SECTION 351)


1 Affray can only be committed at public 1 whereas assault can be committed at any
place. place
2 affray is offence against public tranquillity 2 assault is offence against individual peace
3 affray is two sided and against two or more 3 assault is only one sided
than two persons

10 DIFFRENECE BETWEEN SECTION 176 AND SECTION 202

SECTION 176 – omission to give notice or SECTION 202 – intentional omission to give
information to public servant by person information of offence by person bound to
legally bound to give it inform
1 1 under this section notice or information 1 under this section information shall be
shall be given in respect of offence or any given only in respect of offence
other matter
2 information shall be given to public servant 2 no necessary under this section
3 it is not necessary for the person in-charge 3 in this person in-charge must have
to have knowledge or belief knowledge of offence

11 DIFFRENCE BETWEEN 182 AND SECTION 211

SECTION 182 – False information, with SECTION 202 – Intentional omission to give
intent to cause public servant to use his information of offence by person bound to
lawful power to the inquiry of another inform
mother
1 False information is given under this 1 under this false allegation are made
section
2 such false information can be given to 2 false allegation is made to any court or
public servant officer
3 giving false information is enough. It is not 3 it is expected to initiate proceeding in this
necessary to take action by public servant
4 in this name of accused is not necessary 4 in this name of accused is necessary
5 intention to give false information is to 5 in this possibility of harm is must.
induce truth and initiate proceeding by public
servant
12 DIFFRENCE BETWEEN GIVING FALSE EVIDENCE AND FABRICATING FALSE
EVIDENCE

GIVING FALSE EVIDENCE (SEC – 191) FABRICATING FALSE EVIDENCE(SEC –


192)
1

13 DIFFRENCE BETWEEN HURT AND GRIEVOUS HURT

HURT (SECTION – 319) GRIEVOUS HURT (SECTION – 320)


1 hurt is of normal type. 1 grievous hurt is of serious type.
2

14 DIFFRENCE BETWEEN CULPABLE HOMICIDE AND MURDER

15 DIFFRENCE BETWEEN WRONGFUL RESTRAINT AND WRONGFUL


CONFINEMENT

16 DIFFRENCE BETWEEN CRIMINAL FORCE AND ASSAULT


17 DIFFRENCE BETWEEN RIOTING, AFFRAY AND ASSAULT

RIOTING AFFRAY ASSAULT


1 Riot can take place at both 1 affray can only be 1 assault can be committed at
public and private place committed at public place both public and private place
2 minimum 5 persons 2 in every side minimum 1 2 assault can be committed
member by one or more members
3 it is offence against public 3 it is also against public 3 assault is against body of
peace peace individual
4 in this every member 4 in this person fighting is 4 in this person assaulting is
gathered unlawfully is liable only responsible liable
5 there is common intention 5 no need of common 5 no need of common
in rioting intention intention
6 done by full preparation 6 in this no need of 6 preparation already exists
preparation

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