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Section 1 to 5 of Indian Penal Code

 

Indian Penal Code

Section – 1 Title and Extent of Operation of the Code

This Act shall be called be Indian Penal Code and extend to the whole of India.

MEANING - This means that Indian Penal Code is applicable all over India even on Jammu and Kashmir and Ladakh since Jammu and Kashmir has lost its special status. 

 

Section – 2 Punishment of offenses 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.

MEANING – This means that every person who has done any offence in India is liable for it and would be punished for it according to the code. No person can be discriminated on the basis on race, caste, gender, or nationality.

 

Section – 3 Punishment of offenses committed beyond, but which by law may be tried within, India

Any person liable, by any, to be tried for an offence committed beyond [India] shall be dealt with according to the provision of this Code for any act committed beyond [India] in the same manner as if such act has been committed within [India].

MEANING – This means that any Indian who does an act beyond or outside the territory of India, which is punishable under IPC. The person would be convicted as per IPC as if the person has the act in India. E.g. – An Indian murder a person in US. Then the person would be convicted as per IPC.

 

Section – 4 Extension of Code to extra-territorial offences

The provision of this Code applies also to any offence committed by –

1)      Any citizen of India in any place without and beyond India.

2)      Any person or any ship or aircraft registered 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

4)      a) the word “offence” included every act committed in 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) of Section 2 of the Information Technology Act, 2000.

MEANING – This means that if an act is done within the territory of India or If vehicle in which the crime is committed is registered in India or an person outside India does an act to a person in India through the use of internet. If the act is offence under IPC, then the person would be convicted as per IPC regardless of its nationality. E.g. –

1.       If A murder a person in India, he would be convicted as per the IPC.

2.       If A murder B on plane in Dubai but the plane is registered in India, then the A would be convicted under IPC.

3.       If A (Resident of Pakistan) runs a scam on internet and B (resident of India) loses money due to the scam, then A would be convicted as per IPC.

 

Section – 5 Certain Laws not to be affected by this Act

Nothing in this Act shall reflect the provision of any Act for punishing mutiny and desertion of officers, soldiers, sailors of airmen in the service of the Government of India or the provision of any provision of any special or local law.

MEANING – This means there are certain laws for military, navy, or air force and if a place has special laws then the laws would not be affected by IPC even if both law IPC clash with each other.

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