Indian Penal Code
- The study of Criminal Law, Criminology and Penology is called Criminal Science.
- Criminology studies the causes of crime, Penology, punitive and preventive measures.
- Penology is derived from Latin word 'poena', which means penalty.
- Penology includes various aspects of punishment, an study of prisons.
STAGES OF CRIME
- Intention
- Preparation
- Attempt
- Accomplishment
STAGES IN THE COMMISSION OF CRIME
1. Contemplation/Intention Mens rea literally means guilty mind
Mere intention shall not constitute a crime
Mens rea can be further divided into four levels depending upon the degree of intent of committing the crime.
A) Negligence (lowest degree)
B) Recklessness
C) Knowledge
D) Intent (highest degree)
II. Preparation to commit a crime
• Preparation to commit a crime is not punishable.
An act in furtherance of the mala fide intention of a person.
An act in furtherance of the mala fide intention of a person.
Exceptions to punishment of PREPARATION
- Counterfeiting Government stamps- Section 255
- Possession of forged documents Section 474
- Preparation to wage a war against the Government of India- Section 122
- Counterfeiting coins - Section 233, Section 234 and Section 235
- Preparation to commit a dacoity - Section 399
- Manipulation of the weight of the coins- Section 244, Section 246 and Section 247
III. Attempt
- The word 'attempt' has not been defined in the IPC.
- Action in furtherance of the intention and preparation of a person to commit a crime.
- An attempt to commit a crime is punishable under the Code.
SOME SPECIFIC SECTIONS FOR ATTEMPT
a) Attempt to murder (Section 307) and murder punished
b) Section 304 punishes culpable homicide. Section 308 punishes attempted culpable homicide.
c) Section 392 punishes robbery and Section 393 attempted robbery.
d) Section 309 punishes an attempt to commit suicide. (But 'suicide' as such is not punished anywhere; rather it cannot be punished also).
All the remaining cases of attempt are covered under Section 511 which is a residuary section.
Section 511 says that if an attempt is not otherwise punished in the Penal Code, it shall be punished under Section 511
Distinction between preparation and an attempt .
The courts have adopted several tests to distinguish between a preparation and an attempt to commit
1. Locus Penintentiae Test
if Accused has opportunity to repent or give up the idea of crime then in stage of preparation
if lost that opportunity :- stage of attempt.
2. Proximity Test accused has completed all or almost all necessary steps towards commission of crime
👉falls short of the desived consequences
Section - 1
TITLE & EXTENT
This act will be called Indian Penal Code & SHALL entend to whole of India defined U/S.18 (now J&K also included)
In 2019, the Centre scrapped the special status granted to Jammu and Kashmir under Article 370 of the Constitution, thereby making the Indian Penal Code (IPC) applicable in the UT of Jammu and Kashmir by making amendment in th Indian Constitution on 5 August 2019
Section - 2
INTRA TERRITORIAL APPLICABILITY
every person ( includes Indian or foreigner also ,subject to some immunities) shall be liable to punishment u/ this code ↓ not otherwise for every act / omission contrary to provisions of IPC
