The Indian Penal Code (IPC)

The Indian Penal Code is the official criminal code of the Republic of India. It is a complete
code intended to cover all aspects of criminal law.

It came into force in 1862 in all British Presidencies, although it did not apply to the Princely
states, which had their own courts and legal systems.

To know more about other Legislations in British India, visit the linked article.

IPC UPSC Notes:-

History of the Indian Penal Code

The first draft of the Indian Penal Code was prepared by the First Law Commission, chaired
by Thomas Babington Macaulay. The draft was based on the simple codification of the law of
England, while at the same time borrowing elements from the Napoleanic Code and
Louisiana Civil Code of 1825.

The first draft of the Code was presented before the Governor-General in council in the year
1837, but subsequent revisions and amendments took two more decades. The complete
drafting of the code was done in 1850 and presented to the Legislative Council in 1856. It
was delayed being placed on the statute book of British India due to the Indian Revolt of
1857.

The code came into force on January 1st, 1860 after undergoing many revisions and
amendments by Barnes Peacock who would go on to serve as the first Chief Justice of the
Calcutta High Court.

Before the advent of the British, the penal law prevailing in India, for the most part, was the
Muhammedan law. For the first few years of its administration, the East India Company did
not interfere with the criminal law of the country and although in 1772, during the
administration of Warren Hastings, the Company for the first time interfered, and henceforth
till 1861, from time to time, the British Government did alter the Muhammedan law, yet up to
1862, when the Indian Penal Code came into operation, the Muhammedan law was
undoubtedly the basis of the criminal law excepting in the presidency towns. The epoch of
the administration of Muslim criminal law in India extended for a considerable period and
has even supplied many terms for the vocabulary of Indian law.

Structure of the Indian Penal Code

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)

Sections
Chapter Classification of offences
covered
 Sections 1 to
Chapter I Introduction
5
Sections 6 to
Chapter II General Explanations
52
Sections 53
Chapter III Of Punishments
to 75
Sections 76 General Exceptions of the Right of Private Defence (Sections 96 to
Chapter IV
to 106 106)
Sections 107
Chapter V Of Abetment
to 120
Sections
Chapter
120A to Criminal Conspiracy
VA
120B
Sections 121
Chapter VI Of offences against the state
to 130
Chapter Sections 131
Of Offences relating to the Army, Navy, and Air Force
VII to 140
Chapter Sections 141
Of Offences against the Public Tranquility
VIII to 160
Sections 161
Chapter IX Of Offences by or relating to Public Servants
to 171
Chapter Sections
Of Offences Relating to Elections
IXA 171A to 171I
Sections 172
Chapter X Of Contempts of Lawful; Authority of Public Servants
to 190
Sections 191
Chapter XI Of False Evidence and Offence against Public Justice
to 229
Chapter Sections 230
Of Offences relating to coin and Government Stamps
XII to 263
Chapter Sections 264
Of Offences relating to Weight and Measures
XIII to 267
Chapter Sections 268 Of offences affecting the Public Health, Safety, Convenience,
XIV to 294 Decency and Morals
Chapter Sections 295
Of Offences relating to religion
XV to 298
Chapter Sections 299 Of Offences affecting the Human Body.
XVI to 377
 Of Offences Affecting Life including murder, culpable
homicide (Sections 299 to 311)
 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)
 Of Hurt (Sections 319 to 338)
 Of Wrongful Restraint and Wrongful Confinement (Sections
339 to 348)
 Of Criminal Force and Assault (Sections 349 to 358)
 Of Kidnapping, Abduction, Slavery and Forced Labour
(Sections 359 to 374)
  Sexual Offences including rape and Sodomy (Sections 375
to 377)

Of Offences Against Property

 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)
Chapter Sections 378
 Of Criminal Breach of Trust (Sections 405 to 409)
XVII to 462
 Of the Receiving of Stolen Property (Sections 410 to 414)
 Of Cheating (Section 415 to 420)
 Of Fraudulent Deeds and Disposition of Property (Sections
421 to 424)
 Of Mischief (Sections 425 to 440)
 Of Criminal Trespass (Sections 441 to 462)

Offences relating to Documents and Property Marks

 Offences relating to Documents (Section 463 to 477-A)

Chapter Section 463  Offences relating to Property and Other Marks (Sections 478
XVIII to 489 – E to 489)
 Offences relating to Currency Notes and Bank Notes
(Sections 489A to 489E)

Chapter Sections 490

Of the Criminal Breach of Contracts of Service
XIX to 492
Chapter Sections 493
Of Offences Relating to Marriage
XX to 498
Chapter Sections
Of Cruelty by Husband or Relatives of Husband
XXA 498A
Chapter Sections 499
Of Defamation
XXI to 502
Chapter Sections 503
Of Criminal intimidation, Insult and Annoyance
XXII to 510
Chapter
Section 511 Of Attempts to Commit Offences
XXIII

IPC UPSC Notes:-

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.

Aspirants can refer to the links below to ace the GS-II paper of the IAS exam:

UPSC Mains General Studies Paper-II Strategy, Topic-Wise GS 2 Questions for UPSC
Syllabus & Structure Mains
Social Justice Questions for UPSC Mains Governance Questions for UPSC Mains
International Relations Questions for
Constitution Questions for UPSC Mains
UPSC Mains

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.

Read more on Section 377.

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. Watch a video lecture on the
adultery judgement below:

2,22,637
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:

1. A re-examination of the sedition law, inserted in 1898, is necessary.

2. 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.
3. 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.
4. Under Section 149 on unlawful assembly, the principle of constructive liability is
pushed to unduly harsh lengths.
5. 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.

Related Links
Revolutionary Movements in Indian Councils Act,
Government of India Act, 1858
India 1892
Historical Background of the
UPSC Books UPSC Notes
Constitution of India

Frequently Asked Questions on Indian Penal Code

Q 1. Who made the Indian Penal Code?

Ans. The Indian Penal Code was drafted by the first Law Commission which was chaired by
Thomas Babington Macaulay. It was drafted in 1834 and submitted to the Council of
Governor-General of India in the year 1835.

Q 2. Who is the Father of Indian Modern Legal Education?

Ans. Dr Neelakanta Ramakrishna Madhava Menon is said to be the Father of Indian Modern
Legal Education.

Q 3. What is the need for Indian Penal Code?

Ans. The Indian Penal Code is the main criminal code for the country. It includes all the
criminal offences including crimes related to human body, property, conspiracy, crimes
against the state or Public Tranquillity, etc. Anyone found guilty of a crime is punishable
under the IPC.

Q 4. What is meant by Penal Code?

Ans. Penal code of a country defines or mentions crimes and offences which are punishable
by law. It consists of all the laws that are related to crime and punishment.

Q 5. Can amendments be made in the Indian Penal Code?

Ans. Yes, amendments have been made multiple times in the Indian Penal Code after it was
drafted.

Q 6. IPC comprises how many sections?

Ans. The Indian Penal Code is sub-divided into 23 chapters that comprise 511 sections.