HISTORY AND APPLICABILITY OF IPC
| IPC NOTES FOR LLB | LAW OF CRIME NOTES |: This post gives your brief idea about History of IPC and Applicability of IPC. These are IPC notes for LLB PDF. This post can be used as ipc notes for judiciary or law of crime notes.
DEVELOPMENT OF CRIMINAL LAW.
Criminal Law of Hindu System:
Manu Smriti has the lasting impact on human behaviour. It is based on the principles of Dharma. Manu Smriti is complete digest of the then prevailing religion, philosophy, custom and usages. It specifically recognised assault, defamation, theft, robbery, adultery as crimes. The offences were subjected to punishment such as fine, forfeiture of property and corporal punishment including imprisonment, exile, mutilation and death penalty.
Mohammedan Criminal Law:
When Mughal rule was established in India, it replaced the ancient Hindu penal Law. During Mughal period the punishment for theft was cutting-off the hands. Stoning was the punishment prescribed for illicit intercourse. For robbery, the punishment was mutilation or death penalty. Kazis were appointed for administration of criminal justice.
Criminal law in Modern India:
The Muslim system of criminal justice was in practice when the British took over the country. In the beginning the British tried to adopt the Muslim system of administration but were faced with much difficulty. As a result, the Presidency Courts turned towards the English law for guidance. However, each of the court followed an independent course of its own.
HISTORY OF IPC
The Charter Act of 1833 intends to achieve uniformity of laws and judicial systems in all parts of British India.The Act provided for the appointment of a ‘Law Commission’ for inquiring about the laws in force and administration of justice.In 1834, the First Indian Law Commission was constituted under the chairmanship of Thomas Babington Macaulay.The commission prepared the Draft Penal Code and submitted its report in 1837. After a prolonged discussion the Draft was revised clause by clause and presented in the legislative council in 1856.The Legislative Council passed the Draft and it received the assent of Governor-General-in-Council of India on 6th October 1860. The Indian Penal Code was brought into force on 1st January 1862.
APPLICABILITY OF IPC
Section 1 of IPC is the Title an Extent Clause. Indian Penal Code extends to the whole of India except the state of Jammu and Kashmir. Article 370 of Indian Constitution gives autonomous status to the state of Jammu and Kashmir.
Sec 2 of IPC deals with intra-territorial jurisdiction.Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within India. It makes the code universal in its application to every person in any part of India for every act or omission contrary to the provisions of IPC.
Every person: Every person is made liable to punishment, without distinction of nation, rank, caste or creed, provided the offence with which he is charged has been committed in some part of India.
Foreigner: A Foreigner who has committed any offence in India shall be punishable for his act, although the alleged offence might not have been an offence in his country.
R vs Esop (1836) 173 E. R. 203,
The accused was charged for unnatural offence committed in India. He argued that he is a native of Baghdad where his act does not amount to an offence. The court rejected the defence of the accused and convicted him.
State of Maharashtra vs M. H. George (AIR 1965 SC 722)
A German national was travelling to Manila with 34 kg of gold which he failed to declare in the manifest for transit. The plane arrived at Bombay. The passenger remained in the plane. The Indian Customs authority on search, recovered the gold and prosecuted him under Foreign Exchange Regulation Act. Supreme Court held that even a foreigner cannot take plea of ignorance of law.
PERSONS EXEMPTED FROM IPC
1. President and Governors: The President of India and Governors of the States are exempted from the jurisdiction of the Criminal Courts by Article 361 of the Indian Constitution.
2. Foreign Sovereign: Foreign Sovereigns are exempted from jurisdiction of criminal courts. The object behind the exemption is that foreign sovereign is absolute independent authority and exercise of jurisdiction would be incompatible with his dignity.
3. Ambassadors and Diplomats: An Ambassador is the representative of his sovereign in another country. So he also enjoys immunity from prosecution like his sovereign. The United Nations (Privileges and Immunities) Act, 1947 and The Diplomatic Relations (Vienna Convention), 1972 provides them diplomatic immunity.
4. Alien Enemies: The Alien enemies with respect to the act of war cannot be tried by criminal courts. For Alien enemies Martial Law is applicable. However if they commit theft, robbery which is not connected to war than they shall be tried by the criminal courts.
5. Foreign Army: The foreign army personnel entered into the Indian territories with the permission of Indian government is exempted from jurisdiction of criminal courts.
6. Warships: Warships of a State enjoy immunity from criminal liability on the territory of another country on the ground that it is the property of a sovereign, and not subject to the legal process of another country.
The phrase “within India” given in section 2 of IPC denotes that whoever commits any offence within India shall be punishable.The territory of India can be defined as follows
Geographical Territory: The territory of India is defined under Article 1 of Indian Constitution as;
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise—
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
2) Maritime Territory: The area of 12 nautical miles calculated from appropriate baseline is known as territorial waters. The territorial waters is regarded as the sovereign territory of the state.
Eg: If an offence is committed within the belt of 12 nautical miles in the sea water from Mumbai, than the appropriate court of Mumbai will have the jurisdiction to try the case.
Sec 3 and sec 4 deals with extra territorial jurisdiction of IPC.Sec 3 gives criminal jurisdiction to the court to try an offence committed by the person beyond the territory of India provided such a person is subjected to Indian law. The scope of sec 3 is wider because it makes not only Indian citizens liable for an offence committed abroad but also those who are covered by any special law bringing them under Indian jurisdiction.
Mobarik Ali Ahmed vs The State Of Bombay, AIR 1957 SC 857.
In this case, a national of Pakistan made certain false representations from Karachi to the complainant at Bombay, that he had ready stock of rice and on receipt of money he would be in a position to ship the rice. Believing him the complainant paid a certain amount of money to the agent at Bombay.
After the arrest the accused pleaded that he was a Pakistani national and during the offence he was not present in India. So Indian Courts have no jurisdiction to punish him.
The Court held that the offence was committed in Bombay and though the accused was not physically present there his conviction was valid.
Sec 4 of IPC deals with crimes committed outside India.Sec 4 sub-section (1) extends the code to an offence committed by a citizen of India in any place without and beyond India.
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.
Remia vs Sub-Inspector Of Police, 1993 CriLJ 1098.
In this case, an Indian citizen was murdered by another Indian citizen in Sharjah, UAE. Here the Police refused to register FIR in India. So the court directed the Police to register FIR.
Sec 4 sub-section (2) of IPC gives the powers to Indian courts to try offences committed on any ship or aircraft registered in India.
Ship is considered as a floating island and belongs to the country whose flag it is carrying, likewise also aircrafts.
A person, whether Indian citizen or a foreigner, if commits any offence on any ship or aircraft registered in India than he can be tried by Indian Courts.
Sec 4 sub-section (3) of IPC was inserted by the Information technology (Amendment) Act, 2008. It states that if any offence is committed by any person in any place beyond India targeting a computer resource located in India than he can be tried by Indian courts.
In the Public International Law, “Extradition” means the surrender of an accused by one nation to another, for trial and punishment, or convicted of an offence within the jurisdiction of the latter. To effect the Extradition, there must be an extradition agreement between two countries.