LAW OF CRIMESLAW OF CRIMES  

ByBy

Dr.P.R.L.RAJAVENKATESANDr.P.R.L.RAJAVENKATESAN

Assistant Professor(Senior)Assistant Professor(Senior)

VIT Law SchoolVIT Law School

ChennaiChennai

INDIAN PENAL CODEINDIAN PENAL CODE

Sec.1. Title and extent of operation of the Sec.1. Title and extent of operation of the CodeCode

Sec.2.Punishment of offences committed Sec.2.Punishment of offences committed within Indiawithin India

Mobarak Ali v. State of Bombay,AIR 1957 SC Mobarak Ali v. State of Bombay,AIR 1957 SC 857857

Pakistani citizen staying at karachi made Pakistani citizen staying at karachi made flase representation and instructed to give flase representation and instructed to give money to his agents for the purpose of money to his agents for the purpose of importing to India . Actually rice did not importing to India . Actually rice did not supplied.supplied.

INDIAN PENAL CODEINDIAN PENAL CODE

Art.361 of the Constitution of IndiaArt.361 of the Constitution of India “ “no criminal proceedings shall be instituted no criminal proceedings shall be instituted

against the president or governor of a state , against the president or governor of a state , in any court during his term of office”in any court during his term of office”

Statham v. Statham and the Gaekwad of Statham v. Statham and the Gaekwad of Baroda,(1912) IA 92. Baroda,(1912) IA 92.

head of the state enjoyed all the attributes head of the state enjoyed all the attributes of sovereignty and so could not be of sovereignty and so could not be prosecuted on criminal charge of adultery. prosecuted on criminal charge of adultery.

INDIAN PENAL CODEINDIAN PENAL CODE

Section.3.Punishment of offences Section.3.Punishment of offences committed beyond, but which by law committed beyond, but which by law may be tried within ,India. Extra may be tried within ,India. Extra territorial operation of the code.territorial operation of the code.

Sec.4.Extension of the code to extra Sec.4.Extension of the code to extra territorial jurisdictionterritorial jurisdiction

INDIAN PENAL CODEINDIAN PENAL CODE

Admiralty JurisdictionAdmiralty Jurisdiction

Indian Penal CodeIndian Penal Code Sec.5.Certain Laws not to be affected by this Sec.5.Certain Laws not to be affected by this

Act.Act. Punishing mutiny and desertion of Punishing mutiny and desertion of

officers,soldiers,sailors or airman in the officers,soldiers,sailors or airman in the service of the government of india or the service of the government of india or the provision of any special or local law. provision of any special or local law.

Special law-Applicable to a particular part of Special law-Applicable to a particular part of indiaindia

Local law-Particular part of indiaLocal law-Particular part of india Maharashtra Control of Organised Crimes ActMaharashtra Control of Organised Crimes Act

General ExplanationsGeneral Explanations

Sec.19.Judge: Person who is officially Sec.19.Judge: Person who is officially designated as judge,designated as judge,

JudgementJudgement CollectorCollector MagistrateMagistrate Member of PanchayatMember of Panchayat A magistrate exercising jurisdiction in A magistrate exercising jurisdiction in

respect of a charge on which he has power respect of a charge on which he has power only to commit for trail to another court , is only to commit for trail to another court , is not a judgenot a judge

General ExplanationsGeneral Explanations

Abboy Naidu v Kannianppa Chettiar Abboy Naidu v Kannianppa Chettiar ,AIR 1929 Mad 175.,AIR 1929 Mad 175.

The Madras High Court has defined The Madras High Court has defined the term ‘legal proceeding’ as a the term ‘legal proceeding’ as a proceeding regulated or prescribed proceeding regulated or prescribed by law in which a judicial decision is by law in which a judicial decision is accorded.accorded.

General ExplanationsGeneral Explanations Sec.20. “Court of Justice”Sec.20. “Court of Justice” Denote a judge who is empowered by law to act Denote a judge who is empowered by law to act

judicially alone, or a body of judges which is judicially alone, or a body of judges which is empowered by law to act judicially as a body, empowered by law to act judicially as a body, when such judge or body of judges is acting when such judge or body of judges is acting judicially.judicially.

King palaceKing palace Court means a place where justice is judicially Court means a place where justice is judicially

administeredadministered When a judge is merely performing When a judge is merely performing

administrative function he is not a court of justiceadministrative function he is not a court of justice

General ExplanationsGeneral Explanations

Section.22. “Movable property”Section.22. “Movable property” The word movable property are The word movable property are

intended to include corporeal intended to include corporeal property of every description , property of every description , except land and things attached to except land and things attached to the earth or permanently fastened the earth or permanently fastened to anything which is attached to to anything which is attached to earth.earth.