Nature and Significance of Political Theory
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IPC - 01 | Title and extent of operation of the IPC
Title and extent of operation of the Code. —This Act shall be called the Indian Penal Code, and shall 1 [extend to the whole of India 2 [except the State of Jammu and Kashmir]
What is the extent and operation of IPC?
It extends to the whole of India except the State of Jammu and Kashmir and applies to all judicial proceedings in or before any Court, including Courts-martial, other than Court-martial convened under the Army Act
What are the main sections of IPC?
Of Theft (Sections 378 to 382)
Of Extortion (Sections 383 to 389)
Of Robbery and Dacoity (Sections 390 to 402)
Of Criminal Misappropriation of Property (Sections 403 to 404)
Of Criminal Breach of Trust (Sections 405 to 409)
Of the Receiving of Stolen Property (Sections 410 to 414)
Of Cheating (Section 415 to 420)
How many types of IPC are there?
Sections in IPC (576 total)
How many parts are there in IPC?
It is applicable to all the citizens of India. The IPC has been amended numerous times since then and is now supplemented by various other criminal provisions. At present, the IPC is divided into 23 chapters and contains 511 sections in total.
What is the first IPC section?
1. Title and extent of operation of the Code. —This Act shall be called the Indian Penal Code, and shall 1 [extend to the whole of India 2 [except the State of Jammu and Kashmir].]
What is IPC first chapter?
Section 1 -Title and extent of the operation of the Code
According to the laws, this act shall be called the Indian Penal Code and shall extend to the whole of India except the State of Jammu and Kashmir.
What is the extent of the code of IPC?
—This Act shall be called the Indian Penal Code, and shall 1 [extend to the whole of India 2 [except the State of Jammu and Kashmir].]
Who is the founder of the IPC?
In 1860, the Indian Penal Code was introduced into India, the brainchild of Thomas Babington macaulay who had drafted the code during his time in Bengal in the 1830s.
How many IPC are there in India in 2022?
Indian penal code has 511 sections which are divided into 23 chapters
Is IPC part of constitution?
Indian Penal Code is not part of the constitution. The code was drafted in 1860 on the recommendations of the first law commission of India established in 1834. It is the principal criminal code of India that defines crimes and provides punishments for almost all kinds of criminal and actionable wrongs.
What is the section 4 of IPC?
Section 4 IPC states the extended operation of the Code on the acts committed outside the territorial boundaries of India. Any person on any ship or aircraft registered in India wherever it may be. Any person in any place without and beyond India committing offence targeting a computer resource located in India.
Is 420 a bailable offence?
Punishment for committing the offence of cheating is provided under the purview of this section. This section makes a person criminally liable for imprisonment for a term which may extend to 7 years and also liable to fine. The offence committed under section 420 is a Cognizable as well as a Non-bailable offence.
What is IPC explain briefly?
Inter-process communication (IPC) is a mechanism that allows the exchange of data between processes. By providing a user with a set of programming interfaces, IPC helps a programmer organize the activities among different processes.
What are the two types of IPC?
A process can be of two types: Independent process. Co-operating process
Applicant when the first information report has not been entered/registered/recorded?
If any person is aggrieved by refusal of the Officer-in-charge of a Police- Station to record the information, may send the written substance of such information, by post, to the Superintendent of Police concerned, who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any of his subordinate police officer. [Section 154(3), Criminal Procedure Code, 1973]
What do you mean by police diary? When can a Magistrate, police officer and accused person make its use?
The investigating police officer shall day by day enter his proceedings in the investigation in the police-diary, setting forth therein the time and date of receipt of the information, the time, date and place of beginning and closing of the investigation and details of the facts and circumstances of the case.
Any criminal Court may sent for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
Neither the accused not his agents shall be entitled to call for such diaries, nor shall he/they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for contradicting such police officer, the provisions of Section 161 or Section 145, Indian Evidence Act, 1872, shall apply. [Section 172, Criminal Procedure Code, 1973]
Correct meaning of the above mentioned expressions used in Article 32 of the Constitution?
Article 32 of the constitution deals with ‘Right to Constitutional Remedies’ in which the Supreme Court can issue directions, orders or writs for the enforcement of fundamental rights.
(a) Habeas Corpus:
Habeas Corpus, a Latin term, means ‘produce the body’. This writ is, generally, issued to produce the body of a person detained illegally. This is one of what are called the “extraordinary”, or “prerogative writs”.
(b) Mandamus:
Mandamus, a Latin term, means ‘we command’. This writ is issued from a court of superior jurisdiction that commands an inferior judicial or quasi-judicial body to do or not to do something in the nature of public duty.
(c) Prohibition:
Generally, this writ is issued to prevent an inferior court/tribunal from exceeding its jurisdiction or acting contrary to the rule of natural justice. This writ is issued when the matter is pending in the court but when the matter has been already decided, the writ of certiorari is issued.
(d) Quo Warranto:
Quo warranto means ‘what is your authority’. This writ is issued against the person who has occupied any public office without authority.
(e) Certiorari:
On the ground of lack of jurisdiction, generally, this writ is issued by the High Courts and Supreme Court.
Short note on Right to Privacy
Right to privacy, though not specifically mentioned in the Constitution of India, has been recognised by the Indian judiciary by interpreting Article 21.
Rule of Double Jeopardy
The rule of ‘double jeopardy’ proscribes a person from being tried in respect of the same charges for which he has been tried earlier and acquitted or convicted.
A person accused of an offence is entitled to enter peremptory plea of “autrefois acquit” or “autrefois convict” (autrefois means “previously” in french).
Thereby pleading that the accused has already been acquitted or convicted of the same offence for which he is now been tried and thus cannot be proceeded against for the second time. This rule of ‘double jeopardy’ is embodied in Article 20 (2) of the Constitution of India which reads as- No person shall be prosecuted and punished for the same offence more than once.
Delhi High Court in Bhupinder Singh v. Punjab & Sind Bank, decided on 22 April, 2015 held that the rule of double jeopardy is founded identity of offences and not the commonality of facts. The essential conditions for invoking the rule of’ double jeopardy’ is that the offence for which a person is accused must be the same offence for which he has been tried earlier and acquitted or convicted as the case may be.
‘Arbitrariness is antithesis of Article 14 of the Constitution of India’
Arbitrariness is the anti-thesis of Article 14. Do you agree with the said statement? If so, give reasons.
The said statement is taken from E. P. Royappa v. State of Tamil Nadu & another, 1974 SCR (2) 348 wherein it is mentioned that equality is a dynamic concept with many aspects and dimensions and it cannot be “cribbed cabined and confined” within traditional and doctrinaire limits.
From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. Where an act is arbitrary it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14.
In Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722 the court ruled that it must therefore now be taken to be well settled that what Article 14 strikes at is arbitrariness because any action that is arbitrary, must necessarily involve negation of equality.
The doctrine of classification which is evolved by the courts is not para-phrase of Article 14 nor is it the objective and end of that Article. It is merely a judicial formula for determining whether the legislative or executive action in question is arbitraiy and therefore constituting denial of equality.
Wherever therefore there is arbitrariness in State action whether it be of the legislature or of the executive or of “authority” under Article 12, Article 14 immediately springs into action and strikes down such State action. In fact, the concept of reasonableness and non- arbitrariness pervades the entire constitutional scheme and is a golden thread which runs through the whole of the fabric of the Constitution.
In Menaka Gandhi v. Union of India, 1978 SCR (2) 621 the Apex Court said that Article 14 strikes, at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 like a brooding omnipresence and the procedure contemplated by Article 21 must answer the best of reasonableness in order to be in conformity with Article 14.
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