Useful for Union and State Civil Services, Judicial Services, A.P.O. and Other Equivalent Exams.

By Abhinav Misra

UPKAR PRAKASHAN, AGRA–2

Series 2 : The Code of Criminal Procedure, 1973 Series 3 : Indian Evidence Act, 1872 Series 4 : Transfer of Property Act, 1882 Series 5 : The Indian Contract Act, 1872 Series 7 : Jurisprudence Series 8 : The Code of Civil Procedure, 1908 Series 10 : Hindu Muslim Law Series 15 : Civil Acts

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ISBN : 978-93-5013-239-5

Code No. 414

Contents Part I ● General : General Introduction……………………………………………………..

2–6

Part II (Section 1 to Section 75) Chapter 1 Chapter 2 Chapter 3

: : : ●

Introduction (Section 1 to Section 5)……………………..…………… 7–8 General Explanations (Section 6 to Section 52A)…………………..… 9–11 Of Punishments (Section 53 to Section 75)……..………………..…… 12–14 Objective Questions…………………………………………………… 14–18

Part III (Section 76 to Section 120B) Chapter 4 : Chapter 5 : Chapter 5A : ●

General Exceptions (Section 76 to Section 120B)…………………..… Of Abetment (Section 107 to Section 120)……..………………….…. Criminal Conspiracy (Section 120A, B)……..……………………….. Objective Questions……………………………………………………

19–25 26–27 28–28 28–34

Part IV (Section 121 to Section 229) Chapter 6 Chapter 7

: :

Of Offences Against the State (Section 121 to Section 130)……..…… 35–35 Of Offences Relating to the Army, Navy and Air Force (Section 131 to Section 140)………………………………………….. 36–36 Chapter 8 : Of Offences Against the Public Tranquillity (Section 141 to Section 160)……..………………………………….… 37–38 Chapter 9 : Of Offences By or Relating to Public Servants (Section 161 to Section 171)………………………………………...… 39–39 Chapter 9A : Of Offences Relating to Elections (Section 171-A to Section 171-I)…………………………………….… 40–40 Chapter 10 : Of Contempts of the Lawful Authority of Public Servants (Section 172 to Section 190)……..………………………………….… 41–42 Chapter 11 : Of False Evidence and Offences Against Public Justice (Section 191 to Section 229)………………………………………….. 43–44 ● Objective Questions………………………………….……………….. 44–46

( iv )

Part V (Section 230 to Section 298) Chapter 12 :

Of Offences Relating to Coin and Governments Stamps (Section 230 to Section 263A)……………………..…………….….… Chapter 13 : Of Offences Relating to Weights and Measures (Section 264 to Section 267)………………………………...………… Chapter 14 : Of Offences Affecting the Public Health, Safety, Convenience Decency and Morals (Section 268 to Section 294)…………………… Chapter 15 : Of Offences Relating to Religion (Section 295 to Section 298)……… ● Objective Questions……………………………………………………

47–47 48–48 49–50 51–51 51–52

Part VI (Section 299 to Section 377) Chapter 16 : Of Offences Affecting the Human Body……………..………….….… 53–64 ● Objective Questions…………………………………………………… 64–71

Part VII (Section 378 to Section 462) Chapter 17 : Of Offences Against Property…………..………….……………….… 72–76 ● Objective Questions…………………………………………………… 76–80

Part VIII (Section 463 to Section 511) Chapter 18 :

Of Offences Relating to Documents and to Property Marks (Section 463)………………………………………………………….. Chapter 19 : Of the Criminal Breach of Contracts of Service (Section 491)……..… Chapter 20 : Of Offences Relating to Marriage (Section 493 to Section 498)…….. Chapter 20A : Of Cruelty By Husband or Relatives of Husband (Section 498A)….… Chapter 21 : Of Defamation (Section 499 to Section 502)……..………………...… Chapter 22 : Of Criminal Intimidation, Insult and Annoyance (Section 503 to Section 510)……..…………………………………… Chapter 23 : Of Attempts to Commit Offences (Section 511)……....……………… ● Objective Questions……………………………………………………

81–81 82–82 83–83 84–84 85–85 86–86 87–87 87–88

Indian Penal Code, 1860

Part -I

GENERAL General Introduction Part-I What is Crime ? An act punishable by law as forbidden by statute is known as crime, and acts which are crimes changes person to person, Nation to Nation. According to Blackstone, Crime is an act done in violation of public rights and duties. According to Stephen, A crime is a violation of right, considered in reference to the evil tendency of such violation as regards the community at large. Definition—Crime is also defined in Section 40 of I.P.C. Definition of Crime— (a) According to Bentham, Offences are whatever legislative has prohibited for good or bad reasons. (b) According to Blackstone, Crime is an act done in violation of Public Law. (c) Kenny defines “Crimes are wrongs whose sanction is punitive and is in no way remissible by any public person but is remissible by crown alone if remissible at all.” Book on Crime— (i) Commentaries on law of England by Blackstone (ii) Principles of law of crimes by Huda (iii) Changing concepts of crime and treatment by Terence Morris (Edited by Klare H. J.) (iv) Outlines of criminal laws by Kenny (v) Criminal law by Miller (vi) General view of criminal law of England By Stephan. (vii) Crime by Russel (viii) Criminal law and punishment by Fitzerald

(ix) Punishment and responsibility, Morality of Criminal law by Hart (x) History of English law by Pollock and Maitland. (xi) The guilty mind in criminal law by J. C. Smith (xii) General principles of criminal law by J. Hall (xiii) New Horizons in criminology by Barnes and Teeters (xiv) Digest of criminal law by Stephen. Elements of Crime—Main elements of crime are— (a) Human being—(i) Who is under legal obligation (ii) Crime is done by him (b) Mens rea of that human being. (c) Act committed or omitted in accordance of intention. (d) injury (to one man or to society) Motive is not a essential of crime

Exceptions of these Elements Some offences have not all these essentials. These are— (a) Crimes in which mens rea (criminal intention) is not essential. These are known as crimes of strict liability. These are— (i) Bigamy (Section 494 IPC) (ii) Public nuisance (Section 268) (iii) Contempt of court (iv) Abduction, kidnapping (b) Crimes in which injury is not essential these are known as inchoate crimes. These are— (i) Attempt (ii) Abetment (iii) Criminal conspiracy (c) Crimes in which neither act nor injury is essential, these are serious crimes.

I. P. C. | 3 These are— (i) Making preparation to commit dacoity (Section 399) (ii) Punishment for belonging to gang of dacoits (Section 400) (iii) Punishment for belonging to gang of thieves (Section 401) (iv) Assembling for purpose of committing dacoity (Section 402) Vicarious Liability—Generally a man is criminally liable for his own acts, but there are some exceptions in which a man is liable for the act of other persons. It is vicarious liability. Clearly vicarious liability is a liability in which a man is liable for criminal act of others. In the Indian Penal Code vicarious liability is provided in these Sections— (i) Owner or occupier of land on which an unlawful assembly is held (Section 154) (ii) Liability of person for whose benefit riot is committed (Section 155) (iii) Liability of agent of owner or occupier for whose benefit riot is committed. (Section 156) Protection to Accused— (i) Doctrine of double Jeopardy—According to Indian Constitution Article 20(2), No person shall be prosecuted and punished for same offence more than once, it is double jeopardy. It is also provided in Code of Criminal Procedure, Section 300. (ii) Doctrine of Self-Incrimination—This is according to Constitution of India, Article 20(3). According to Article 20(3), No person accused of any offence shall be compelled to be a witness against himself. Code of Criminal Procedure also provides some protection against self-incrimination. These are— (i) According to Section 313(3), accused shall not render himself liable to punishment by refusing to answer such questions or by giving false answer to them. (ii) According to Section 315(1) (b), failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial. (iii) According to Section 164(2) also provides protection. (iii) Right to legal aid—Right to legal aid is provided by Constitution of India, Article 39A.

According to this, the state shall secure that the operation of the legal system promotes Justice, on a basis of equal opportunity, and shall in particular provide free legal aid, by suitable legislation or schemes or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Right to legal aid is also provided according to Section 304 of Code of Criminal Procedure. According to this where in a trial before the court of session, the accused is not represented by a pleader and it appears to the court that accused has not sufficient means to engage a pleader, the court shall assign a pleader for his defence at expenses of the state. (iv) Presumption of innocence—It is provided according to Section 101 of Indian Evidence Act, Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist, clearly a man is presumed innocent. (v) Protection against illegal arrest— According to Article 22(1), Constitution of India, No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds of such arrest, nor shall he be denied the right to consult and to be defended by a legal practitioner of his offence. (vi) Protection against illegal detention— According to Article 22(2), Constitution of India a person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without authority of magistrate. Similarly according to Section 57 of Code of Criminal Procedure, a person arrested not to be detained more than twenty four hours. (vii) Person arrested to be informed of grounds of arrest. According to Section 50 of Code of Criminal Procedure every Police Officer or other person arresting any person without warrant shall forthwith communicate to him full particular of the offence for which he is arrested or other grounds for such arrest. Where a Police Officer arrests without warrant any person other than a person accused of a non-

4 | I. P. C. bailable offence he shall inform the person arrested that he is entitled to be released on bail (viii) Examination of arrested person by medical practitioner at the request of the arrested person (Section 54, Code of Criminal Procedure).

Main Cases on this Chapter

9. In M.H. Hoskot Vs. State of Maharashtra 1978 G.L.J. in this it is decided that legal aid is a right. 10. In Nilabati Behra Vs. State of Orissa 1993 S.C.C. according to this Protection against custodial death is provided also an amount is given mother of the deceased.

1. Fowler Vs. Padget 1798 it is decided that intent and act both must concur to constitute a crime. 2. R. Vs. Prince 1875 L. R. in this prisoner was liable because prisoner knew that in taking girl away he is doing an improper and immoral act. (Case on Mens rea) 3. Queen Vs. Talson 1889, Prisoner did nothing wrong in remarriage with a woman who reasonably supposed herself to be a widow. (Case on Mens rea) 4. Maharashtra State Vs. M. H. Joerge is also on mens rea. 5. Sherras Vs. De Rutzen 1895 L. R. is an exception of mens rea. 6. Principle of vicarious liability is first given in case R. Vs. Huggins 1730. 7. In Liversidge Vs. Anderson 1942, Lord Atkin observed that if liberty of subject is concerned we cannot go beyond natural construction of statute. 8. Tara Singh Vs. State 1951 S.C.R.—It clears that it is privilege for the accused that he must ask for it (to engage a lawyer).

Introduction of IPC—Criminal law in India had three types before Indian Penal Code, these are— (i) Hindu Criminal Law (ii) Mohmmedan Criminal Law (iii) English Criminal Law First Law Commission was appointed in 1834, Lord Macaulay was its Chairman, other members were— (i) Macleod (ii) Anderson (iii) Millet This Commission prepared a draft of Penal Code. This draft was revised by Peacock, Colville and others, this Bill was passed on October 6, 1860 and came into operation on January 1, 1862. It contains 511 Sections and 23 Chapters. Smallest Chapter is Chapter 23 and Largest Chapter is Chapter 17.

Part-II

Part-III

Part-IV Some Important Facts Age of Criminal/deceased for different Crimes Section 82 83 87 89 293 305 317 361 366 A 366 B 369 375

Heading

Age

Act of child under 7 years of his age. Act of child above seven and under twelve of immature understanding Act not intended to cause death done and by consent Consent of guardian Sale etc. of obscene objects to young person Abetment of suicide of child or insane person Exposure and abandonment of child under twelve years by parent or person having care of it Kidnapping from lawful guardianship

Less than 7 years (offender) Less than 12 years more than 7 years (offender)

Procuration of minor girl Importation of girl from foreign country Kidnapping or abduction of a child under ten years of age with intent to steal from its person Rape

Above eighteen years of age (deceased) Less than 12 years (deceased) Less than 20 years Less than 18 years Less than 12 years Male–Less than 16 years Female-Less than 18 years Female-Less than 18 years Female-Less than 21 years Less than ten years For consent-18 years and above

I. P. C. | 5

Number of Exceptions Section Section 136 Section 300 Section 339 Section 375 Section 494 Section 499 Section 505

No. of exceptions One Five One One One Ten One

Punishments : (a) Offences in which sentence of death is given (i) Section 121 Waging or attempting to wage war or abetting waging of war, against the Government of India. (ii) Section 132 Abetment of mutiny if mutiny is committed in consequence thereof. (iii) Section 194 Giving or fabricating false evidence if innocent person be thereby convicted and executed. (iv) Section 302 Punishment for murder. (v) Section 303 Punishment for murder by life convict (vi) Section 305 Abetment of suicide of child or insane person. (vii) Section 307 Attempt to murder by life convicts (viii) Section 364 A Kidnapping for ransom (ix) Section 396 Dacoity with murder (x) Section 376 A Punishment for causing death or resulting persistent vegitative state of victim. (xi) Section 376 E Punishment for repeat offenders. (b) Imprisonment (i) Maximum Punishment—14 years (Section 392) (ii) Minimum Punishment—24 hours (Section 510) (c) Life imprisonment—It is rigorous punishment for remaining life.

(d) FINE—Unlimited but not excessive (Section 63) Minimum— (Section 510)—It is rupees ten. Steps of Crime—There are four steps of Crime (i) Intention I Step (ii) Preparation II Step (iii) Attempt III Step (iv) Offence IV Step Offences in which intention is punishable (i) Abetment (ii) Criminal conspiracy Offences in which preparation is punishable— (i) Collecting arms etc. with intention of waging war against the Government of India. (Section 122) (ii) Committing depredation on territories of power at peace with the Government of India. (Section 126) (iii) Making preparation to commit dacoity . (Section 399) Offences in which attempt is punishable— (i) Attempt to murder (Section 307) (ii) Attempt to commit culpable homicide (Section 308) (iii) Attempt to commit suicide (Section 309) (iv) Attempt to commit robbery (Section 393) Number of Criminals Section

Offence

34 120 B 149 117 391

Common Intention Criminal conspiracy Common Object Abetment Dacoity

Minimum Criminals 2 2 5 10 5

Theories of Punishment—Various theories of punishments are— (i) Retributive theory (ii) Expiatory theory (iii) Deterrent theory (iv) Preventive theory (v) Reformative theory

6 | I. P. C.

Objective Questions 1. In which offence sentence of death is not provided— (A) Abetment of mutiny if mutiny is committed in consequence thereof (B) Murder by life convict (C) Attempt to culpable homicide (D) None of these 2. In which offence preparation is punishable— (A) Committing depredation on territories of power at peace with the Government of India (B) Making preparation to commit dacoity (C) Both (D) None of these 3. Which is not a step of crime— (A) Offence (B) Motive (C) Preparation (D) Attempt 4. What is the offence, where preparation where of offence is also punishable— (A) Theft (B) Dacoity (C) Murder (D) Rape 5. Which one of the following is not essential for an offence ? (A) Intention (B) Motive (C) Prohibited act (D) Punishment for act 6. In which of the following mens rea has been considered to be an essential element of an offence ? (A) Srinivasmal Barolia Vs. Emperor (B) R. Vs. Tolsen (C) Nathulal Vs. State of Madhya Pradesh (D) All of the above 7. Grounds of for punishing Prince in R. V s. Prince was— (A) Prohibited act done by Prince (B) Illegal act done by Prince (C) Knowingly committing of civil wrong by Prince (D) Illegal and prohibited act done by Prince

8. Which one of the following is an Inchoate crime ? (A) Public nuisance (B) Criminal attempt (C) Unlawful assembly (D) Riot 9. Which one of the following is not generally an essential element of crime ? (A) Actus reus (B) Mens rea (C) Motive (D) Human being 10. Which of the following combinations are not correctly matched ? 1. Sherras Vs. De Rutzen—Mens rea 2. Barendra Kumar Ghosh Vs. Emperor —Intoxication 3. Abhayanand Misra Vs. State of Bihar —Right to die 4. Gian Kaur Vs. State of Punjab —Criminal Attempt Select correct answer using the code given below— Code— (A) 2, 3 and 4 (C) 1, 3 and 4

(B) 1, 2 and 3 (D) 1, 2 and 4

11. Which one is not an essential ingredient of a crime ? (A) Motive (B) Evil intent (C) Human being (D) Act 12. Indian Penal Code 1860 came into force on— (A) 6 October, 1860 (B) 6 December, 1860 (C) Ist January, 1861 (D) Ist January, 1862

Answers 1. (C) 6. (D) 11. (A)

2. (C) 7. (D) 12. (D)

3. (B) 8. (B)

4. (B) 9. (C)

5. (B) 10. (D)

Part -II (Section 1 to Section 75)

Chapter 1

INTRODUCTION (Section 1 to Section 5) Preamble—Whereas it is expedient to provide a general Penal Code for India. Extent—Shall extend to whole of India except the State of Jammu and Kashmir. Title and extent of operation—This Act shall extend to whole of India except the State of J. & K. (Section 1) Jurisdiction (Section 2 to 4) (A) Punishments of offences committed within India (Section 2) According to Section 2 every one can be punishable— (i) He is citizen of India or a non-citizen (ii) He shall be guilty in India. (iii) Offence is committed within India. Exceptions of Section 2—Under the Code there are no exceptions to the jurisdiction in favour of any person, certain persons are immune either by virute of the provisions of the Constitution or under the law of the civilized nations of the world. (i) Foreign Sovereigns (ii) High Dignitaries of the State— According to Article 361, the constitution of India, no criminal proceedings shall be instituted against— (a) The President of India (b) The Governor of any State (c) The Prime Minister of India during the term of office (iii) Ambassadors and Diplomats.

(iv) Foreign army (v) Alien Enemies (vi) Warships. Jurisdiction ⏐ Territorial Jurisdiction ⏐

⏐

Intra territorial Jurisdiction (Section 2)

Personal Jurisdiction (Section 2)

Extra territorial Jurisdiction (Section 3, 4)

B. Punishment of offences committed beyond but which by law may be tried within India (Sections 3)—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. Clearly— (i) This is applicable to both, citizen or noncitizen (ii) Crime is done beyond the limit of India (iii) Is punishable according to law of India. C. According to Section 4 Extension of code to extra territorial offences—The provisions of this Code apply also to any offence committed by— (i) Any citizen of India in any place without and beyond India.

8 | I. P. C. (ii) Any person on any ship or aircraft registered in India wherever it may be. (iii) Any Person in any place with out and beyond India committing offence targeting a computer resource located in India. Word Offence includes every act committed outside India, which if committed in India would be punishable under this code word resource shall have meaning assigned to it is clause K of subsection(1) of Section 2 of Information Technology Act 2000.

Illustration A who is a citizen of India commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found. Laws not to be affected by this Act (Section 5) Nothing in this Act shall affect the provisions of any Act—(A) For punishing mutiny and desertion of—

(i) (ii) (iii) (iv) India or (B) Law.

Officers or Soldiers or Sailors or Airman, in service of the Government of The provisions of any local or special

Cases— (i) In Hussun Ali, 1873, The court has held that no person can be punished under both I. P. C. and the special law. (ii) In Mobarik Ali Ahmad Vs State of Bombay, 1950 The court has held that if offence is committed in territory of India by a person who is not a citizen of India then his trial will be under section 2.

Chapter 2

GENERAL EXPLANATIONS (Section 6 to Section 52 A) In Section 8 Gender is defined, according to this the pronoun he and its derivatives are used of any person, whether male or female. Section 9 Number Unless the contrary appears from the Context world importing the singular number include the plural number and words importing the plural number include the singular number In Section 10 Man and Woman are defined, according to this— Man—Man denotes a male human being of any age. Woman—Woman denotes a female human being of any age. A girl of 6 years was held to be a woman in Major Singh Vs. Punjab State and Emp. Vs. Tatia Mahadev. Person is defined in Section 11, according to this, Person includes— (i) Any Company (ii) Corporated body (iii) Non-Corporated body (iv) Association According to Section 12 Public includes— (i) Any class of the public or (ii) Any community Judge (Section 19)— The word Judge denotes— (i) Every person who is officially designated as a Judge. (ii) Who is empowered by law to give— (a) in any legal proceeding, civil or criminal, a definitive judgement. (b) or a judgement which if not appealed against would be definitive. (c) or a judgement which if confirmed by some other authority would be definitive. (iii) Who is one of a body of persons, which body of persons is empowered by law to give such a judgement.

For Examples 1. A member of a panchayat which has power under (regulation VII, 1816) of the Madras Code to try and determine a suit is a Judge. 2. Collector exercising jurisdiction in a suit under Act X of 1859 is a Judge. 3. A magistrate exercising Jurisdiction in respect or a charge on which he has power to sentence to fine or imprisonment, with or without appeal is a judge. 4. A Magistrate exercising Jurisdiction in respect of a charge on which he has power only to commit for trial to another court is not a Judge. Court of Justice (Section 20)—Court of Justice denotes— (i) a Judge who is empowered by law to act judicially alone or (ii) a body of Judges which is empowered by law to act judicially as a body. When such Judge or body is acting judicially. A Panchayat acting under regulation VII, 1816 of the Madras code having power to try and determine suits is a court of justice. Section 21-Public Servent—Section 21 have—(a) 12 points in definition (b) 3 points in explanations Generally Public Servent denotes a person— Person— (i) In service or pay of the government or remunerated by fees or commission for the performance of any public duty by the Government. (ii) In the service or pay of local authority or corporation established by or under a Central, Provincial or State Act or a Government company as defined in Section 617 of Companies Act 1956. These are considered as Public Servant— (i) Municipal Commissioner (ii) Chief Minister

10 | I. P. C. (iii) Chairman of Central Board of Film Censors (iv) Member of auxiliary air force (v) Branch Manager of nationalised general insurance company. Movable Property (Section 22)—It includes every corporeal property except— (i) Land (ii) Things attached to the earth or (iii) Permanently fastened to anything which is attached to the earth Wrongful gain (Section 23)—Wrongful gain is the gain by unlawful means of property to which the person gaining is not legally entitled. Wrongful Loss—Wrongful loss is the loss by unlawful means of property to which the person losing it is legally entitled. Dishonestly (Section 24)—Whoever does anything with the intention of causing— (i) Wrongful gain to one person, or (ii) Wrongful loss to an other person, is said to do that thing dishonestly. Section 25 Fraudulently—Basically fraudulently has two elements— (i) Deceit (ii) Injury This is given in Dr. Vimla Vs. Delhi Administration AIR 1963 S.C. Distinction between Fraudulently and Dishonestly 1. Deception or concealment are essential of dishonestly not for fraudulently. 2. Wrongful loss or wrongful gain are essentials of dishonestly and not for fraudulently. Document (Section 29)—Document denotes any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means intended to be used, or which may be used, as evidence of that matter. Examples— (i) A cheque upon a banker (ii) A Power of attorney (iii) A map or plan which is intended to be used or which may be used as evidence (iv) A writing containing directions. Electronic Record (Section 29A)—Electronic record shall have the meaning assigned to them Section 2 (1) (t) of the Information Technology Act.

Valuable Security (Section 30)—Valuable security denotes a document which is or purports to be, a document whereby any legal right is— (i) Created (ii) Extended (iii) Transferred (iv) Restricted (v) Extinguished (vi) Released or (vii) Where any person acknowledges that he lies under legal liability or has not certain legal right.

Common Intension (Section 34) Principle of Joint Liability—Joint liability is a liability which determines liability of a person in combination with some others, it is defined in Indian Penal Code in Sections 34, 35, 36, 37, 38, 114, 120A, 149, 396, 460. According to Section 34, when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Here a person is liable because he shares in commission of crime. In Gorachand Gopi 1860 Sir Peacock observed that when several persons are in company together engaged in single common purpose, lawful or unlawful and one of them, without knowledge and consent of others commits an offence, other will not be involved in guilt unless act was in some manner in furtherance of common intention. Ganesh Singh Vs. Ram Poja 1869 was also a leading case after which in furtherance of common intention of all were added in Section 34 (Year 1870) Essentials of Section 34— (i) Any criminal act (ii) Committed by more than one person (iii) In furtherance of their common intention— It contains— (i) Pre-arranged plan (ii) Participation in act constituting offence. (iv) Presence at the time of commission. Cases—(i) Barendra Kumar Ghosh V s. Emperor 52 I.A. 40 (P.C.) in this it is confirmed that they also serve who only stand and wait. This judgement is given by Lord Samaner and this case is known as Post Master case. (ii) Mahboob Shah Vs. Emperor 72 I.A. 148, This case is known as Indus River case, in this defference between similar intention and common intention is given.

I. P. C. | 11 (iii) Motiram Vs. State of Bihar AIR 1954 in this difference between Section 34 and Section 149 is given. (iv) Other Cases on Section 34— (a) Kripal Singh Vs. State of U.P. (b) Ramnath Vs. State of M.P. (c) Pandurang Vs. State of Hyderabad (d) Rishi Dev Pandey Vs. State of U.P. (e) Shri KantiyahVs. State of Bombay (f) Raja and others Vs. State of Karnataka 2016 (g) Mumtaz Vs. State of U.P. 2016 Distinction between Common Intention and Common Object 1. Liability under Section 34 is based upon common intention and liability under Section 149 is based upon Section 149. 2. There is no certain offence is given in Section 34. Section 149 defines a offence. 3. Minimum number of persons for Section 34 is two and for Section 149 is five. Section 36 Effect caused partly by act and partly by omission—Wherever the causing of a certain effect, or an attempt to cause that effect by an act or by an omission is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder. Section 37 Co-operation by doing one of several acts constituting an offence—When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person’s commits that offence. Illustration (a) A and B agree to murder Z by severally and at different times giving him small dose of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effect of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder and as each of them dose on act by which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately for six

hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. (c) A, a jailor, has the charge of Z., a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B without collusion or co-operation with A illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as a did not co-operate with B, A is guilty only of an attempt to commit murder. Section 39 Voluntarily—A person is said to cause an effect voluntarily if— (i) he causes it by means whereby he intended to cause it or. (ii) by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Section 43 Illegal, legally bound to do—The world illegal is applicable to everything which is an offence or which is prohibited by law or which furnishes ground for a civil action and a person is said to be legally bound to do, whatever it is illegal in him to omit. Injury (Section 44)—The word injury denotes any harm whatever illegally caused to any person— (i) in body (ii) in mind (iii) in reputation (iv) in property Good Faith (Section 52)—Nothing is said to be done or believed in good faith which is done or believed without due care and attention. Harbour—In section 52A, harbour is defined. According to Section 52A except in Section 157, and in Section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word ‘harbour’ includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.

UPKAR PRAKASHAN, AGRA-2

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