IPC - Punishment in India

IPC – Punishment in India

Notes- Indian Penal Code

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Sec. – 53. “Punishments.”

There are five types of punishment to which ofenders are liable under the provisions of this Code :

First.—Death;Secondly.—Imprisonment for life;
Thirdly. – Repealed by Act XVII of 1949.
Fourthly.—Imprisonment, which is of two descriptions, namely:—
(i) Rigorous, that is, with hard labour;
(ii) Simple;
Fifthly.—Forfeiture of property;
Sixthly.—Fine.

Death (Capital Punishment)

Q. In which Sections death penalty can be given?

Death punishment is awarded for murder in rarest of the rare cases ( Bachan Singh v State of Punjab, 1980 CrLJ 636)

Death Penalty can be given as punishment for the following offences:-

(Sec. 121). “Waging, or attempting to wage war, or abetting waging of war, against the Government of India.”
(Sec. 132). “Abetment of mutiny, if mutiny is committed in consequence thereof.”
(Sec. 194). “Giving or fabricating false evidence with intent to procure conviction of capital offence. if innocent person be thereby convicted and executed.”
(Sec. 195A). “Threatening or inducing any person to give false evidence- if innocent person is convicted and sentenced in consequence of such false evidence, with death ( 195A- Part II)”
(Sec. 302). “Punishment for murder.”
(Sec. 305). “Abetment of suicide of child or insane person.”
(Sec. 307). “Attempt to murder by life-convicts. Part –II”
(Sec. 364A). “Kidnapping )for ransom, etc.”
(Sec. 376A). “Punishment for causing death or resulting in persistent vegetative state of victim.”
(Sec. – 376AB) “Punishment for rape on Woman under twelve years of age.” (Ins. By Act 22 of 2018, Sec. 5 ( w.r.e.f. 21-4-2018)
(Sec. – 376DB). “Punishment for Gang rape on woman under twelve years of age.”( Ins. By Act 22 of 2018, Sec. 6 ( w.r.e.f. 21 April 2018)
(Sec. 376E). “Punishment for repeat offenders”
(Sec. 396. “Dacoity with murder.”

Sec. 303. “Punishment of murder by life convict” ( Now Repealed)

Mithu vs. State of Punjab

In this case it has been declared unconstitutional.

In adition to this, death penalty can be imposed by virtue of Section 34, 149, 109 and 120B of IPC

Capital Punishment in India

Imprisonment for Life

Imprisonment for life is now substituted for transportation with “Imprisonment for Life”

means “ rigorous imprisonment for life” and not simple imprisonment for life. (Laxman Naskar v State of WB, 2000 CrLJ 4017)

It can be given as punishment in following offences:-

(Sec. 121). “Waging, or attempting to wage war, or abetting waging of war, against the Government of India.”
(Sec. 121A). “Conspiracy to commit offences punishable by section 121.”
(Sec. 122). “Collecting arms, etc., with intention of waging war against the Government of India.”
(Sec. 124A). “Sedition.”
(Sec. 125). “Waging war against any Asiatic power in alliance with the Government of India.”
(Sec. 128). “Public servant voluntarily allowing prisoner of State or war to escape.”
(Sec. 130). “Aiding escape of, rescuing or harbouring such prisoner.”
(Sec. 131). “Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.”
(Sec. 132). “Abetment of mutiny, if mutiny is committed in consequence thereof.”
(Sec. 194). “Giving or fabricating false evidence with intent to procure conviction of capital offence. if innocent person be thereby convicted and executed.”
(Sec. 195). “Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.”
(Sec. 195A). “Threatening any person to give false evidence.”
(Sec. 222). “Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.”
(Sec. 225). “Resistance or obstruction to lawful apprehension of another person.”
(Sec. 232). “Counterfeiting Indian coin.”
(Sec. 238). “Import or export of counterfeits of the Indian coin.”
(Sec. 255). “Counterfeiting Government stamp.”
(Sec. 302). “Punishment for murder.”
(Sec. 304). “Punishment for culpable homicide not amounting to murder.”
(Sec. 305). “Abetment of suicide of child or insane person.”
(Sec. 307). “Attempt to murder. Attempts by life-convicts.”
(Sec. 311). “Thug Punishment.”
(Sec. 313). “Causing miscarriage without woman’s consent.”
(Sec. 314). “Death caused by act done with intent to cause miscarriage. if act done without woman’s consent.”
(Sec. 326). “Voluntarily causing grievous hurt by dangerous weapons or means.”
(Sec. 329). “Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.”
(Sec. 364). “Kidnapping or abducting in order to murder.”
(Sec. 364A. “Kidnapping for ransom, etc.”
( Sec. 371). “Habitual dealing in slaves.”
(Sec. 376). “Punishment for rape.”
(Sec. 376A). “Punishment for causing death or resulting in persistent vegetative state of victim.”
(Sec. 376D). “Gang rape”
(Sec. 376DA). “Punishment for gang rape on woman under sixteen years of age.”
(Sec. 376DB). “Punishment for gang rape on woman under twelve years of age. “
(Sec. 376E). “Punishment for repeat offenders.”
(Sec. 377). “Unnatural offences.”
(Sec. 388). “Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.”
(Sec. 389). “Putting person in fear of accusation of offence, in order to commit extortion.”
(Sec. 394). “Voluntarily causing hurt in committing robbery.”
(Sec. 396). “Dacoity with murder.”
(Sec. 400). “Punishment for belonging to gang of dacoits.”
(Sec. 409). “Criminal breach of trust by public, servant. or by banker, merchant or agent.”
(Sec. 412). “Dishonestly receiving property stolen in the commission of a dacoity.”
(Sec. 433). “Mischief by destroying, moving or rendering less useful a light-house or sea-mark.”
(Sec. 436). “Mischief by fire or explosive substance with intent to destroy house, etc.”
(Sec. 437). “Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.”
(Sec. 449). “House-trespass in order to commit offence punishable with death.”
(Sec. 459). “Grievous hurt caused whilst committing lurking house-trespass or house-breaking.”
(Sec. 460). “All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.”
(Sec. 467). “Forgery of valuable security, will, etc.”
(Sec. 472). “Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467.”
(Sec. 474). “Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine.”
(Sec. 475). “Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material.”
(Sec. 477). “Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.”
(Sec. 511). “Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.”

Meaning of Imprisonment for Life

Gopal vinayak Godse v State AIR 1961, SC 600 It is held that imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.

Imprisonment

Imprisonment is of two kinds:

Rigorous ( In the case of rigorous imprisonment, the offender is put to hard labour) Such as grinding corn, digging earth, drawing water cutting firewood, bowing wool etc.
Simple ( In the case of simple imprisonment, the offender is confined to jail and not put to any kind of work.)

Forfeiture of Property

The punishment of absolute of all property of the offender is now abolished. Sections 61 and 62 of the IPC, 1860 dealing with such forfeiture are repealed by Act XVI of 1921.

There are, only three offences in which the offender is liable to forfeiture of specific property. They are sections 126, 127 and 169 of the code. ( RS Joshi vs. Ajit Mills, AIR 1977 SC 2279)

Fine

Fine is the only punishment in the following cases.

Sec.137. “Deserter concealed on board merchant vessel through negligence of master. Punishment with Fine not exceeding Rs. 500”
Sec.154. “Owner or occupier of land on which an unlawful assembly is held. Punishment with Fine not exceeding Rs. 1000”
Sec.155. “Liability of person for whose benefit riot is committed.”
Sec.156. “Liablility of agent of owner or occupier for whose benefit riot is committed.”
Sec.171G. “False statement in connection with an election.”
Sec.171H. “Illegal payments in connection with an election.”
Sec.171-I. “Failure to keep election accounts.”
Sec.278. “Making atmosphere noxious to health. Punishment with Fine not exceeding Rs. 500”
Sec.283. “Danger or obstruction in public way or line of navigation. Punishment with Fine not exceeding Rs. 200”
Sec.290. “Punishment for public nuisance in cases not otherwise provided for. Punishment with Fine not exceeding Rs. 200”
Sec.294A. “Keeping lottery office. Punishment with Fine not exceeding Rs. 1000”