Here is a block diagram of structure of IPC
The IPC in its various sections defines specific crimes and provides punishment for them. It is sub-divided into 23 chapters that comprise of 511 sections. The basic outline of the code is given in the table below:
Indian Penal Code, 1860 (Sections 1 to 511)
| Chapter | Sections covered | Classification of offences |
|---|---|---|
| Chapter I | Sections 1 to 5 | Introduction |
| Chapter II | Sections 6 to 52 | General Explanations |
| Chapter III | Sections 53 to 75 | Of Punishments |
| Chapter IV | Sections 76 to 106 | General Exceptions of the Right of Private Defence (Sections 96 to 106) |
| Chapter V | Sections 107 to 120 | Of Abetment |
| Chapter VA | Sections 120A to 120B | Criminal Conspiracy |
| Chapter VI | Sections 121 to 130 | Of offences against the state |
| Chapter VII | Sections 131 to 140 | Of Offences relating to the Army, Navy, and Air Force |
| Chapter VIII | Sections 141 to 160 | Of Offences against the Public Tranquility |
| Chapter IX | Sections 161 to 171 | Of Offences by or relating to Public Servants |
| Chapter IXA | Sections 171A to 171I | Of Offences Relating to Elections |
| Chapter X | Sections 172 to 190 | Of Contempts of Lawful; Authority of Public Servants |
| Chapter XI | Sections 191 to 229 | Of False Evidence and Offence against Public Justice |
| Chapter XII | Sections 230 to 263 | Of Offences relating to coin and Government Stamps |
| Chapter XIII | Sections 264 to 267 | Of Offences relating to Weight and Measures |
| Chapter XIV | Sections 268 to 294 | Of offences affecting the Public Health, Safety, Convenience, Decency and Morals |
| Chapter XV | Sections 295 to 298 | Of Offences relating to religion |
| Chapter XVI | Sections 299 to 377 | Of Offences affecting the Human Body. 1. Of Offences Affecting Life including murder, culpable homicide (Sections 299 to 311) 2. Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births (Sections 312 to 318) 3. Of Hurt (Sections 319 to 338) 4. Of Wrongful Restraint and Wrongful Confinement (Sections 339 to 348) 5. Of Criminal Force and Assault (Sections 349 to 358) 6. Of Kidnapping, Abduction, Slavery and Forced Labour (Sections 359 to 374) 7. Sexual Offences including rape and Sodomy (Sections 375 to 377) |
| Chapter XVII | Sections 378 to 462 | Of Offences Against Property 1. Of Theft (Sections 378 to 382) 2. Of Extortion (Sections 383 to 389) 3. Of Robbery and Dacoity (Sections 390 to 402) 4. Of Criminal Misappropriation of Property (Sections 403 to 404) 5. Of Criminal Breach of Trust (Sections 405 to 409) 6. Of the Receiving of Stolen Property (Sections 410 to 414) 7. Of Cheating (Section 415 to 420) 8. Of Fraudulent Deeds and Disposition of Property (Sections 421 to 424) 9. Of Mischief (Sections 425 to 440) 10. Of Criminal Trespass (Sections 441 to 462) |
| Chapter XVIII | Section 463 to 489 – E | Offences relating to Documents and Property Marks 1. Offences relating to Documents (Section 463 to 477-A) 2. Offences relating to Property and Other Marks (Sections 478 to 489) 3. Offences relating to Currency Notes and Bank Notes (Sections 489A to 489E) |
| Chapter XIX | Sections 490 to 492 | Of the Criminal Breach of Contracts of Service |
| Chapter XX | Sections 493 to 498 | Of Offences Relating to Marriage |
| Chapter XXA | Sections 498A | Of Cruelty by Husband or Relatives of Husband |
| Chapter XXI | Sections 499 to 502 | Of Defamation |
| Chapter XXII | Sections 503 to 510 | Of Criminal intimidation, Insult and Annoyance |
| Chapter XXIII | Section 511 | Of Attempts to Commit Offences |
Crimes against the Human Body
These offences are provided for in Chapter XVI of the Code spanning from Section 299, which deals with culpable homicide to Section 377, which deals with unnatural offences.
The chapter deals with all kinds of offences which can be committed against the human body, from the very lowest degree i.e. simple hurt or assault to the gravest ones which include murder, kidnapping and rape.
Crimes against Property
These crimes are defined and punished under Chapter XVII and range from Section 378 which defines theft, to Section 462 which prescribes punishment for the offence of breaking upon an entrusted property. The offences that are dealt with under this chapter include, among others, theft, extortion, robbery, dacoity, cheating and forgery.
Crimes against Public Tranquillity
The definitions and punishment for this category of offences are provided in Chapter VIII which ranges from Section 141 to 160. This chapter lays down the acts which are considered to be criminal in nature because they disturb and destroy public tranquillity and order. This chapter includes offences like being a member of an unlawful assembly, rioting and affray.
Offences against the State
Chapter VI, which deals with offences of this nature, and includes Sections 121 to 130 are some of the most rigorous penal provisions of the entire code. This includes the offence of waging war against the state under Section 121 and the much-debated, criticised, and abused offence of Sedition under Section 124A. The offence defined under this Section has been much maligned as it was used by the British to prosecute many freedom fighters; it has also been used post-independence to silence critics of the government and continues to date which is why many experts advocate repealing the same.
General Exceptions
Sections 76-106 (Chapter IV) embody the general exceptions which are exceptional circumstances where the offender can escape criminal liability. A basic example in this context is the Right of Private Defence (Section 96-106). Other concepts that are elaborated upon in this chapter include Insanity, Necessity, Consent, and acts of children below a certain age.
Debated Provisions of the IPC
The IPC has been successful by and large in its attempt to prosecute and punish individuals who commit the crimes that are defined in this Code, but like Sedition there have been certain other provisions that have invited scrutiny time and again. Some of these provisions are as follows:
Unnatural Offences-Section 377
This Section, among other things, punished consensual sexual acts between consenting adults belonging to the same sex. With the advent of time, several voices advocated for the decriminalisation of this part which punishes homosexuality. The Supreme Court, finally in the case of Navtej Johar, obliged and decriminalised the portion of this Section which punished consensual acts of this nature.
Attempt to Commit Suicide – Section 309
This Section prescribed punishment of up to one year for attempting suicide. There is a longstanding recommendation of the Law Commission to decriminalise attempting suicide by dropping Section 309 from the statute books. But the amendment to this effect has not been carried, albeit, the use of the provision has minimized, by the coming into force of the Mental Healthcare Act, 2017.
As per the non-obstante clause contained in Section 115(1) of the Mental Healthcare Act, 2017, there is the presumption of severe stress on a person who attempted suicide and such person is not to be punished under Section 309 IPC.
But the reports about the use of Section 309 IPC are not unknown and continue to be reported from almost all the parts of the country. As such, it is the need of the hour that the police authorities should be sanitized about the issue.
Adultery – Section 497
This Section, which criminalised and prescribed punishment, was criticised for treating a woman as the private property of her husband and imposing moral principles on married couples. This Section was finally struck down by the Supreme Court in September 2018 while disposing of the case of Joseph Shine v. Union of India.
The Code also provides for imposing the death penalty in certain offences like murder, rape, and waging war against the government. Several human rights groups call for the abolition of the death penalty citing data to suggest that the imposition of this punishment, in addition to being arbitrary, is also against the very human rights of the offender.
Review of the Indian Penal Code Post-Independence
IPC as a statute has survived and flourished over the last 160 years, which speaks volumes about its effectiveness as a penal code of high stature. However, over these years it has not been able to shed away some of its provisions that reek of colonialism e.g. sedition. The Malimath Committee report while advocating criminal justice reforms has provided the Parliament with an opportunity to revamp the Code and other criminal laws. It has been 17 years since the submission of the report and no concrete steps have been taken in this respect. It is about time that the legislature steps in to make the Code more in sync with modern times than with the times of British colonialism. It does not reflect well on the legislature when the apex court intervenes and strikes off laws because it is the job of the legislature to do so in the first place.
Even though the IPC has been haphazardly amended more than 75 times, no comprehensive revision has been undertaken despite the 42nd report of the law commission in 1971 recommending it — the amendment bills of 1971 and 1978 lapsed due to the dissolution of the Lok Sabha. As such it has undergone many amendments that have been ad hoc and reactive.
The nature of the Indian Penal Code has been highlighted as that one of ‘Master and Servant’, with some of the provisions having no place in Independent India. Some of the sections that need reform and review are as follows:
- A re-examination of the sedition law, inserted in 1898, is necessary.
- The offence of blasphemy should have no place in a liberal democracy and, therefore, there is a need to repeal Section 295A, which was inserted in 1927.
- A criminal conspiracy was made a substantive offence in 1913. The offence is objectionable because it was added to the code by the colonial authorities to deal with political conspiracies.
- Under Section 149 on unlawful assembly, the principle of constructive liability is pushed to unduly harsh lengths.
- Sexual offences under the code reveal patriarchal values and outdated Victorian morality. Though the outmoded crime of adultery gives the husband sole proprietary rights over his wife’s sexuality, it gives no legal protection to secure a similar monopoly over the husband’s sexuality.