Sec | Offenses | Pre-Requisites | Punishments | Landmark Cases |
300 |
Murder | ~ If the act by which the death cause is done
with the intention of murder. ~ If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused. ~ If it is done with the intention of causing bodily injury to any person, the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death. ~ If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. |
Section. 302 whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine. | ~ Pattu Rajan and Others v. State of
Tamilnadu. ~ Bhupinder Singh v. State of Punjab. |
307 | Attempt to murder | Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder. | Punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. | ~ Angrej Kaur v. State of Punjab. ~ Case Regina v. Francis Cassidy |
Exception to 300 | Culpable homicide not amounting to murder | Culpable homicide is not murder if the
offender, whilst deprived of the power of self-control by grave and
sudden provocation, causes the death of the person who gave the
provocation or causes the death of any other person by mistake or
accident. ~ That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. ~ That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant. ~ That the provocation is not given by anything done in the lawful exercise of the right of private defence. |
Section 304, Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. | ~ State of Andra Pradesh v. Rayavarapu
Punnayya. ~ Alister Anthony Pareira v. State of Maharastra |
359 - 369 | Kidnapping & Abduction | ~ Whoever conveys any person beyond the
limits of India without the consent of that person, or of some person
legally authorised to consent on behalf of that person, is said to
kidnap that person from India. ~ Whoever by force compels, or by any deceitful means induces, any person to go from an place, it is said to abduct that person. |
~ Section 363 says that whoever kidnaps any
person from India or lawful guardianship, shall be punishable with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine. ~ Abduction is only an auxiliary act and is not punishable in itself. Therefore, there is no general punishment for abduction in the Indian Penal Code. But there are some specific punishments for abduction. |
~ Geetha and Sanjay Chopra kidnapping case. ~ Pradeep Kumar v. State of Bihar. ~ Bahadur Ali v. King Emperor. ~ Somasundaram v. State. |
319 - 338 | Hurt and Grievous Hurt | ~ Whoever causes bodily pain, disease or
infirmity to any person is to cause hurt. ~ Emasculation, permanent privation of the sight of either eye, permanent privation of the hearing of either of ear, privation of any member or joint, destruction or permanent impairing of the powers of any member or join, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severely body pain or unable to follow is ordinary pursuits is to cause grievous hurt. |
~ Section. 321 says that the person shall be
punished with imprisonment of either description for a term which may
extend to one year, or with fine which may extend to one thousand
rupees, or with both. ~ There are specific punishments for grievous hurt. |
~Ranganayakammma v. State of Andra Pradesh. ~Re Marana Goundan case ~Mathai v. State of Kerela. ~Lal Mandi v. State of West Bengal. |
304A | Causing death by negligence | The death of any person by doing any rash or negligent act not amounting to culpable homicide. | Punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. | ~ Prabhakaran v. State of Kerela. ~ Somabhai Mangalbhai Dabhi v. State of Gujarat. |
391, 396-400, 402 | Dacoity and its aggravated forms | When five or more persons conjointly commit or attempt to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity. | ~ Section 395 says whoever commits dacoity
shall be punishable with imprisonment for life, or with rigorous
imprisonment which may extend to ten years, and shall also be liable to
fine. ~ There are specific punishments for its aggravated forms. |
~ Kusho Mahton v. State of Bihar. ~ Iqbal & Ors v. State of Uttar Pradesh. |
390, 393, 394, 401 | Robbery and its attempt and preparation | In all robbery there is theft or extortion. When theft it robbery if the offender voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. When extortion is robbery if the offender voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. | ~ Section 392 says that the offender shall be
punished with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine; and, if the robbery be
committed on the highway between sunset and sunrise, the imprisonment
may be extended to fourteen years. ~ There are specific punishments for its aggravated forms. |
~ State of Maharashtra v. Joseph Mingel. ~ Ram Baran v. Emperor. |
449 - 460 | Burglary | Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny) | Punishment differs with the act and intensity of the crime. | ~ United India Insurance Co.Ltd v. M/S.Harchand
Rai Chandan Lal. ~ Ram Prakash v. The State of Punjab. |
378, 380-382 | Theft | Whoever, intending to take dishonestly any movable property out of possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. | Section. 379 says whoever commits theft shall be punished with imprisonment which may extent to three years, or with fine, or with both. | ~ KN Mehra v. State of Rajastan. ~ Ram Ratan v. State of Bihar. |
146 -148, 152-156 | Riots | Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. | ~ Punished with imprisonment for a term which
may extend to two years, or with fine, or with both. ~ There specific other punishments |
~ Radha Raman Saha v. Emperor. ~ Miku v. State of Uttar Pradesh. |
436 | Arson | Mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property. | Punished with imprisonment for life or the imprisonment may extend to ten year and shall also liable to fine. | ~ Malkiat Singh v. State of Punjab. ~ Babulal & Anr v. State. |
405-409 |
Criminal breach of trust | Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust | ~ Punished with imprisonment which may extend
to seven years, and shall also be liable to fine. ~ There are specific other punishments for their aggravated forms. |
~ State of UP v. Babu Ram. ~ Rashmi Kumar v. Mahesh Kumar Bhada. |
415-420 | Cheating | Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person to deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. | ~ Punished with imprisonment which may extend
to one year or fine or both. ~ There specific other punishments in this area. |
~ In the High Court of Judicature Madras v.
The State. ~ Hari Sao v. State of Bihar. |
28 | Counterfeiting | A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practiced. | Punishment is for counterfeiting money, making counterfeit seal, counterfeiting device or mark used for authenticating documents. (S.472-477). | ~ State Of Kerala vs Mathal Verghese & Ors. ~ Golo Mandla Ram Rao And Ors. vs State Of Jharkhand. |
375 | Rape | A man said to commit rape if he:
|
Whoever commits rape shall be punished with rigorous imprisonment which shall not be less than seven years which may extend to imprisonment for life, and shall also be liable to fine. | ~ Nirbhaya Case ~ Unnao Rape Case. |
304B | Dowry Death | Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death and such husband or relative shall be deemed to have caused her death. | Punishable with imprisonment which may not be less than seven years but which may extend to imprisonment for life | ~ Keshab Chandra Pande v. State. ~ Pawan Kumar v. State of Haryana. |
498A | Cruelty by husband and relatives | The husband or the relative of the husband of a woman, subject such woman to cruelty like any wilful conduct which is to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman and harassment of the women by coercing her to meet any unlawful demand for any property or valuable security. | Punishable with imprisonment which may extend to three years and shall also be liable to fine. | ~ Joshi v. State of Haryana. ~ Reema Aggarwal v. Anupam. |
354 | Outraging the modesty of women | A person said to outraging the modesty of women when he assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty. | Punishable with imprisonment which shall not be less than one year but which may extend to 5 years, and shall also be liable to fine. | ~ Ram Das v. State of Bengal. ~ State of Punjab v. Major Singh. |
354A | Sexual harassment | A man committing,
|
Punishable with rigorous imprisonment which may extend to three years or with fine or with both. | ~ Vishaka v. State of Rajastan. ~ Vijay Chinee v. State of MP. |
366B | Importation of girls | Imports into India from any country outside India or from the State of Jammu and Kashmir any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person. | Punishable with imprisonment which may extend to ten years and shall also be liable to fine. | ~ Kesal Mal v. Emperor. ~ Manik Molla v. Emperor. |
375 | Child Rape | Child sexual abuse is a sexual crime against children aged less than 13 years. Rape is defined as committing forced sexual intercourse by violence or threat. | Whoever commits rape shall be punished with rigorous imprisonment which shall not be less than seven years which may extend to imprisonment for life, and shall also be liable to fine. | ~ Madhura Rape Case. ~ Ghanashyam Misra vs The State. |
312 | Miscarriage | Voluntarily causing a woman with child to miscarry if such miscarriage is not be not caused in good faith for the purpose of saving the life of the woman then it's an offence. | Punishable with imprisonment which may extend to ten years and shall be liable to fine. | ~ Jcob George v. State of Kerela. ~ Moidenkutty v. Kunhikoya. |
372 & 373 | Selling or buying of girls for prostitution | Sells, lets to hire or otherwise disposes and buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose or knowing it to be likely that such person will at any be employed for any such person then it's an offence. | Punishable with offence which may extend to ten years and shall also be liable to fine. | ~ Bachu v. State of West Bengal. ~ Dowlat Bee v. Saikh Ali. |
317 | Exposure and Abandonment | Being father or mother of a child under the age of twelve years or having the care of such child shall expose or leave such child in any place with the intention of wholly abandoning such child then it's an offence. | Punishable with imprisonment which may extend to 7 years or with fine or with both. | ~ Jabbar v. State of Uttar
Pradesh. ~ Motia V. State of Rajastan. |
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