CONCEPT
OF
CRIMINAL JUSTICE IN INDIA
UNDER
INDIAN PENAL CODE, 1860
By
ARYA O.P. TEWARI
Advocate-on-Record
Supreme Court of India
PART - II
STATUTES OF INDIA
1- Indian Penal Code, 1860.
With recent concepts of Supreme Court and its Subject Index. (Continued)
INTRODUCTORY
1- Laws of Aryans -
The Aryans called Law as ‘Dharma’ and their Law Codes as Dharma Shastras. In the Pre-historic Age, they called criminal wrongs as sins (Paapa) and no punishments were preseribed for sins. But only Prayashhittas or self-punishments were preseribed by their social rules. For every sin even of culpable honicide or murder, the presribed prayashhitta as self-punishment to be undergone by the offender himself.
In the later stage of Aryan Establishments in India, Mannu, the first Ruler or King of the country enacted a Code of Law, which was called as Mannu Smriti Code of Mannu. He divded the Law into for divisions therein.
1- Aachaar Dharma (Laws of Conduct)
2- Vyavahaar Dharma (Laws of Behviour or Civil Laws)
3- Danda Dharma (Penal Laws) and
4- Raaja Dharma (Administrative Laws).
All Penal laws in the Code of Mannu were diterrent. Strict punishments were provided for every offence. Sir Henry Maine has critieized the Code of Mannu as the standard of the society of his times. Since the books in accient times were told by one person to another and were not even written. Later these were written on Bhoj Patras (the leaves of Bhoj Tree) and were copied from time to time in the same form. In both the ways of Shruties (Books Heard) and written books, the learned Pandits or paiticularly Brahmnas inserted and substituted, their own ideas therein. Even the Vedas were not spared, such as, a Mantra of Ved described the form of Aryan society thus :
In this couplet the forith step is substituted. First three steps are in Nominatire case that Brahmanas were His (of Brhmaa) the Mouth, Kshtryas, were arms, His thies were Vaishyas. All three statements are in Nominate case. But the Fourth is in the Fifth case that is Shudras were created from His feet, Thus fourth step of the Shlloka is certanily substituted by vested ends for their selfish purpeses. It must have been that is, Shudras were his feet which are toouehed by four heads of even Brahmanas, that is, the Shudras were respected above their four heads. Swamy Dayanand has adopted this defiled substitution as correct and he misinterpreted it. He takes the complete Vedas as correct but my concluesion is that the Vedas also were defiled by the veoted ends: This Pious and Divine Code of Aryans as, broadcasted by the Supreme Lord Brahmaa.
Mannu takes all that which is consistent with Vedas. But even the Code of Manu has been difiled by the vestad ends by substituttions and uisertions therein, and as such the whole Code is bitterly critisized by the leaders of the scheduled castes. Throughout the Aryan Age of History, the kings ruled their kingdoms according to some Smriti.
2- Laws in Muslim Rule in India.
The Muslim Rulers ruled the country according to Quranic Laws. Their cruinminal laws also were very diterrent.
3- Laws in the British Rule in India.
The British Rulers changed that whole set up of laws in all sides thereof. The criminal laws introduecd by them were also very diterrent. Even punishment of whipping or flogging was provided in the Indian Penal Code, 1860.
4- Laws in Independant India.
On regaining indipendence on a part of India, the laws in the British Rule were adapted in consistency with the spirit of independence on and after 15th August 1947 and according to the Conshtution of India on and after 26th January, 1950.
Our leaders most of whom were English Barristers adapted the then prevailing English laws with certain amendments. Instead of replacning the Aryan Laws based on Vedas and Smirities the Aryan Law Codes which onght to have been replaced on advent of independence according to International traditions that on
regaining independence, the original laws of the country revive. Our Constitu Makers adapted the English Parliamentary system of polity, which is the most corrupt system of administration since leguslatere and executive are iutermingled or mixed with each other and the leguslators, the M.Ps and M.L.As having the power to interfere in the admenistration exdploit the public finance by fixing their own remuneratrons and emoluments which is against the principle of natural justice, since nobody can decide his own cause besides undrestrained corruption at their instance.
Any way, now the Indian Penal Code, 1860 with certain amandments is our Dharma Shastra which should be read by every Indian in a routine way as their Dharma Shastra in order to be conversant with what acts are offence which should be avoided and what is punishment therefor which should be kept in mind.
The Indian Penal Code, 1860 is divided into 23 Chapters thus :
CHAPTER - I -- INTRODUCTION [Sections - 1 to 5]
CHAPTER - II -- GENERAL EXPLANATIONS [Sections - 6 to 52 A]
CHAPTER -III -- OF PUNISHMENTS [Sections - 53 to 75]
CHAPTER -IV -- GENERAL EXCEPTIONS [Sections - 76 to 106]
CHAPTER -V -- OF ABETMENT [Sections - 107 to 120]
CHAPTER -V A -- CRIMINAL CONSPIRACY [Sections - 120A & 120B]
CHAPTER -VI -- OF OFFENCES AGAINST THE STATE
[Sections - 121 to 130]
CHAPTER -VII-- OF OFFENCES RELATING TO ARMY NAVY AND AIR FORCE [Sections - 131 to 140]
CHAPTER -VIII -- OF OFFENCES AGAINST THE PUBLIC TRAN QUILITY. [Sections - 141 to 160]
CHAPTER -IX -- OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. [Sections - 161 to 171]
CHAPTER -IX A -- OF OFFENCES RELATING TO ELECTONS.
[Sections - 171 A to 171 I]
CHAPTER -X-- OF CONTENTS OF THE LAWPUL AUTHORITIY OF PUBLIC SERVANTS [Sections -172 to 190]
CHAPTER -XI -- OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. [Sections -191 to 229]
CHAPTER -XII-- OF OFFENCES RELATING TO COIN AND GOV ERNMENT STAMPS [Sections - 230 to 263 A]
CHAPTER -XIII-- OF OFFENCES RELATING TO WEIGHTS AND MEASURES [Sections - 264 to 267]
CHAPTER -XIV-- OF OFFENCES RELATING THE PUBLIC HEALTH, SAFETY, CONFENENCE DECENCY AND MORALS [Sections - 268 to 294 A]
CHAPTER -XV-- OF OFFENCES RELATING TO RELIGION
[Sections - 295 to 311]
CHAPTER -XVI-- OF OFFENCES RELATING TO HUMAN BODY
[Sections - 299 to 311]
OF THE CAUSTING OF MIS CARRIAGE,
OF INJURIES TO UNIBORN CHILDREN,
OF THE EXPOSURE OF INFANTS, AND
OF THE CONCEALMENT OF BIRTHS.
[Sections - 312 to 318]
OF HURT. [Sections - 319 to 338]
OF WRONGFUL RESTRAINT AND WRONGFUL CONRINEMENT. [Sections - 339 to 348]
OF CRIMINAL FORCE AND ASSAULT.
[Sections - 349 to 358]
OF KIDNAPPING, ABDUCTION, SLAVERY AND FORED LABOUR. [Sections - 359 to 377]
CHAPTER -XVII-- OF OFFENCES AGAINST PROPERTY.
[Sections - 378 to 382]
OF EXTORYION. [Sections - 383 to 389]
OF ROBBERY AND DACOITY. [Sections - 390 to 402]
OF CRIMINAL MISAPPROPRIATION OF PROPERTY. [Sections - 403 to 404]
OF CRIMINAL BREACH OF TRUST.
[Sections - 405 to 409]
OF THE RECEIVING OF STOLEN PROPERTY.
[Sections - 410 to 414]
OF CHEATING. [Sections - 415 to 420]
OF FRAUDLENT DEEDS AND DISPOSITION OF PROPERTY. [Sections - 421 to 424]
OF MISCHIEF. [Section - 425 to 440]
OF CRIMINAL TRESPASS. [Sections - 441 to 462]
CHAPTER -XVIII-- OF OFFENCES RELATING
TO DOCUMENTS & PROPERTY MARKS.
[Sections - 463 to 477 A]
OF PROPERTY AND OTHER MARKS.
[Sections - 478 to 489]
OF CURRENCY NOTES AND BANK NOTES.
[Sections - 489 A to 489 E]
CHAPTER -XIX-- OF THE CRIMINAL BREACH OF CONTRACT OF SERVICE. [Sections - 490 to 492]
CHAPTER -XX-- OF OFFENCES RELATING TO MARRIAGE. [Sections - 493 to 498]
CHAPTER -XX A-- OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND. [Sections - 498 A]
CHAPTER -XXI-- OFDEFAMATION. [Sections - 499 to 502]
CHAPTER -XXII-- OF CRIMINAL INTIMIDATION, INIULT AN ANNOYANCE. [Sections - 503 to 510]
CHAPTER -XXIII-- OF ATTEMPT TO COMMIT OFFENCES.
[Sections - 511]