Indian Penal Code - Chapter 1 - Section 1 to 5 with relevant case laws.

1. L A W T U T O R I A L S A N D N O T E S

2. Indian Penal Code, 1860
consists of 23 Chapters and 511
Sections.
It deals with the laws which
apply in India for the
punishment of offenders.
It is a comprehensive code
intended to cover all substantive
aspects of criminal law.
It was enacted on October 6,
1860 and came into force on
January 1st, 1862.
The first draft of the Indian
Penal Code was prepared by the
First Law Commission, chaired
by Thomas Babington
Macaulay.

3. CHAPTER I – INTRODUCTION
• Section 1. Title and extent of
operation of the Code
• Section 2. Punishment of
offences committed within India
• Section 3. Punishment of
offences committed beyond, but
which by law may be tried within,
India
• Section 4. Extension of Code to
extra-territorial offences
• Section 5. Certain laws not to be
affected by this Act

4. Chapter 1 - INTRODUCTION
Preamble - WHEREAS it is expedient to provide
a general Penal Code for India; It is enacted as
follows:-
Section 1
Title and extent of operation of the Code.-
This Act shall be called the Indian Penal Code,
and shall extend to the whole of India.
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 provisions thereof,
of which, he shall be guilty within India.

5. Section 2 deals with Intra-territorial
jurisdiction i.e. the offences committed within
India.
The term “Indian Territory” has been defined
to include land, water (inland water including
the river, canals, etc.), and portions of the sea.
In R v. Esop [(1836) 7 ER 203], it was held that
no person can take the plea of not being aware
of the criminality of the act in the country.
Mobarik Ali v. State of Bombay (AIR 1957 SC
857), the appellant who was a Pakistani
national made false representations to the
complainant in Bombay from Karachi through
letters, telegrams and telephone talks. It was
held that the appellant must be held guilty and
punished under the Indian Penal Code, 1860
notwithstanding his not being corporeally
present in India at the time.

6. Section 3
Punishment of offences committed beyond, but which by
law may be tried within, India
Any person liable, by any Indian law to be tried for an
offence committed beyond India shall be dealt with
according to the provisions of this Code for any act
committed beyond India in the same manner as if such
act had been committed within India.

7. Section 4
Extension of Code to extra-territorial offences
The provisions of this Code apply also to any offence
committed by
(1) Any citizen of India in any place without and
beyond India;
(2) Any person on any ship or aircraf tregistered in
India wherever it may be.
(3) Any person in any place without and beyond
India committing offence targeting a computer
resource located in India.
Explanation.- In this section -
(a )the word “offence” includes every act committed
outside India which, If committed in India, would be
punishable under this code.
(b) the expression "computer resource" shall have
the meaning assigned to it in clause (k) of sub-
section (1) od section 2 of the Information
Technology Act,2000.
In Fatima Bibi Ahmed Patel v State of Gujarat, AIR
2008 SC 2392, it was held by the apex court that the
Code has no application for an offence committed by
a foreigner outside India.

8. Section 5. Certain laws not to be affected by this
Act
Nothing in this Act shall affect the provisions of
any Act for punishing mutiny and desertion of
officers, soldiers, sailors, or airmen in the service
of the Government of India or the provisions of
any special or local law.