INDIAN PINAL CODE 1

Date – 17/6 Faculty – Yashwant Bohra

In the year 1833 they started proposing codified Law of Crimes

In the year 1960 the criminal law was codified and implemented

There are two essentials which is necessary to prove the crime

I. Actus Rias – mean any act carried out

II. Mens Reas – means the guilty mind

This both essential is necessarily to be proved or else the crime

cannot be proven

Any one of the essential not proven then the crime is also
considered not to be committed

Because if the person is thinking of committing a crime but does

not attempt then the person is not liable for thinking of
committing a crime it is necessary to attempt

Similarly, if the person does some act which institutes as a crime

but he did not mentally prepare for it. It is necessary to have a
guilty mind
 Above points can easily be understood from the following
stages mentioned below

There are the four following stages that are essential

I. Intention
II. Preparation
III. Attempt
IV. Commission

This is a process which has to be proved to prove a crime

Intention – it means mentally thinking of committing a crime or

taking revenge on some for any reason. It is the first stage of
proving a crime.

Preparation – say for example if a person thought of taking

revenge by killing the next person with the knife and then
disposing it off. Then he collects all the material for committing
a crime.

If the person is caught preparing it then the person cannot be

hold liable for anything until unless he attempts to commit a
crime.

This is the second stage of proving a crime

Attempt – it is the third essential stage which is necessary
when any person attempt to commit a crime then the act carried
out successful then it is considered to be commission and hence
if all the stages are proved then the crime is proven and the
person is punished

But if the person attempt to commit a crime and it fails the it is

known as attempt to commit a crime (attempt to murder, attempt
to suicide) then the person would still be held liable for the
punishment proportional to the attempt of crime he made.

Commission – this is the last stage of committing a crime

At this stage the crime is committed and attempt made was

successful and the person would be punished proportionate to
the crime
 CHAPTER 1

INTRODUCTION

Section 1 – title and extent of operation of the code

The act shall be called the Indian Penal Code, and shall extend
to whole of India without any exception

Section 2 – punishment of offences committed within India

Every person shall be liable to punishment under this code and

not otherwise for every act or omission contrary to the provision
thereof, of which, he shall be guilty within India