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IPC & Cr.PCIPC & Cr.PC

Shankar BoseInspector of Income-

taxMSTU, Puri

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Indian Penal Code (IPC)ndian Penal Code (IPC)

Code of Criminal Procedure (CrPC)ode of Criminal Procedure (CrPC)

Punishment of offences committed within India-Section

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Every person shall be punishable for punishment under this Code for every act of omission / commission contrary to the provisions thereof, of which he shall be guilty within India

Lists out offences which are punishable---

Kidnapping – S.359 Abduction – S.362 Theft – S.378 House Breaking – S.445 Punishment – S. 453

Non-attendance in obedience to an order from public servant

– S. 174 Whoever being legally bound to attend in

person or by an agent at a certain place and time in obedience to a summons, notice order – from any public servant legally competent to issue the same – intentionally omits to attend at that place of time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart- shall be punished with simple imprisonment - 1 month - fine

Omission to produce documents / electronic record before public servant by person legally bound to produce it – S.175

Whoever is legally bound to produce or deliver up any document to public servant intentionally omits to produce or deliver up the same – punishment – simple imprisonment - fine

Public Servant – S.21

The words ‘public servant’ denote a person falling under any of the descriptions following: Commission Officer Judge Every officer of the Court Every person holding any office ------

Document-S.29

The word document denotes any matter expressed or described upon any substance by means of letters , figures or marks, or by more than one of these means, intended to be used in evidence of that matter.

Reason to believe – Section 26

A person is said to have reason to believe a thing, if he has sufficient cause to believe that thing but not otherwise.

Good Faith-S.52

Nothing is said to be done or believed in good faith, which is done or believed without due care and attention

Reason to Believe – S.26

A person is said to have reason to believe a thing, if he has sufficient cause to believe that but nothing otherwise.

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……Salient Points…Salient Points…

‘‘Illegal’ / ‘Legally bound to do’: Illegal’ / ‘Legally bound to do’: The word ‘illegal’ is applicable to The word ‘illegal’ is applicable to everything which is an offence or everything which is an offence or which is prohibited by law, or which which is prohibited by law, or which furnishes ground for a civil action; and furnishes ground for a civil action; and a person is legally bound to do’ a person is legally bound to do’ whatever is illegal in him to omit.whatever is illegal in him to omit.

Oath-S.51

The word oath includes a solemn affirmation substituted by law for an oath and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a court of justice or not.

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Chapter XVIII: Offences relating Chapter XVIII: Offences relating to documents and to property to documents and to property

marksmarks

Section 4 of Cr. PC

All offences under the IPC shall be investigated, inquired into, tried and otherwise dealt with, in accordance with the provisions hereinafter contained---

Classes of Criminal Courts-S.6

Besides High Courts and Courts constituted under the law—following classes of criminal courts— Courts of Session JM-1st Class – Metropolitan Magistrate JM-IInd Class Executive Magistrate

Public Prosecutor-S.24

Section 54

Examination of arrested person by a medical practitioner at the request of the arrested person

Parties may examine witness – S.287

Compounding of offences – S.320

Appeal-S.341

Cognizance of offences by magistrate - S.190

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Chapter VChapter V

Search of place entered by person Search of place entered by person sought to be arrestedsought to be arrested

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Chapter VIIChapter VII

Processes to compel the production Processes to compel the production of thingsof things Persons in charge of closed place to Persons in charge of closed place to

allow searchallow search

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Whenever any place is liable to search Whenever any place is liable to search or inspection under this Chapter is or inspection under this Chapter is closed, any person residing in, or being closed, any person residing in, or being in charge of, such place, shall, on in charge of, such place, shall, on demand of the officer or other person demand of the officer or other person executing the warrant, allow him free executing the warrant, allow him free ingress thereto, and afford all ingress thereto, and afford all reasonable facilities for a search reasonable facilities for a search therein.therein.

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If ingress into such place cannot be If ingress into such place cannot be obtained, the officer or other person obtained, the officer or other person executing the warrant may proceed in the executing the warrant may proceed in the manner provided by sub-section (2) of manner provided by sub-section (2) of section 47 of this Code.section 47 of this Code.

Before making a search under this Chapter, Before making a search under this Chapter, the officer or other persons about to make it the officer or other persons about to make it shall call upon to or more independent and shall call upon to or more independent and respectable inhabitants of the locality in respectable inhabitants of the locality in which the place to be searched is situate or which the place to be searched is situate or of any other locality if no such inhabitant of of any other locality if no such inhabitant of the locality is available or is willing to be a the locality is available or is willing to be a witness to the search to attend and witness witness to the search to attend and witness the search and may issue an order in writing the search and may issue an order in writing to them or any of them so to do.to them or any of them so to do.

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The search shall be made in their The search shall be made in their presence, and a list of all things presence, and a list of all things seized in the course of such search seized in the course of such search and of the places in which they are and of the places in which they are respectively found shall be prepared respectively found shall be prepared by such officer or other person and by such officer or other person and signed by such witnesses; but no signed by such witnesses; but no person witnessing a search under this person witnessing a search under this section shall be required to attend section shall be required to attend the Court as a witness of the search the Court as a witness of the search unless specially summoned by it.unless specially summoned by it.

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The occupant of the place searched, The occupant of the place searched, or some person in his behalf, shall, in or some person in his behalf, shall, in every instance, be permitted to attend every instance, be permitted to attend during the search, and a copy of the during the search, and a copy of the list prepared under this section, list prepared under this section, signed by the said witnesses, shall be signed by the said witnesses, shall be delivered to such occupant or person.delivered to such occupant or person.

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Any person who, without reasonable Any person who, without reasonable cause, refuses or neglects to attend cause, refuses or neglects to attend and witness a search under this and witness a search under this section, when called upon to do so by section, when called upon to do so by an order in writing delivered or an order in writing delivered or tendered to him, shall be deemed to tendered to him, shall be deemed to have committed an offence under have committed an offence under section 187 of the Indian Penal Code section 187 of the Indian Penal Code (45 of 1860)(45 of 1860)2929

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Section 131Section 131

Section 282Section 282

Res Judicata – S.11

No court shall try any issue in which the matter directly and substantially in issue has been similarly placed in a former suit between the same parties

Arrest & Detention – S.55

Detention & Release – S.58

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