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THE INDIAN PENAL CODE, 1860

Title : THE INDIAN PENAL CODE, 1860

Year : 1860

[Act, No. 45 of 1860]1*
[6th October, 1860]



PREAMBLE

WHEREAS it is expedient to provide a general Penal Code for 2*[India];

It is enacted as follows:-

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1. The Indian Penal Code has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared in force in-

Sonthal Parganas, by the Sonthal parganas Settlement Regulation 1872 (3 of 1872) Section 2; panth Piploda, by the Panth Piploda Laws Regulation, 1929 (1 of 1929), Section 2 and Schedule; Khondmals District, by the Khondmals Laws Regulation, 1936 (5 of 1936), Section 3 and Schedule.

It has been declared under Section 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely: the United Provinces tarai Districts, see Gazette of India, 1876, Pt. I, p. 505; the Districts of Hazaribagh, Lohardaga (now called the Ranchi District, see Calcutta Gazetta, 1899, Pt. I, p. 44) and Manbhum and Pargana. Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt. I, p. 504.
It has been extended under Section 5 of the same Act to the Lushai Hills, see Gazette of India, 1898, Pt. II, p. 345.
The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, Section 3 and Schedule; to Dadra and Nagar Haveli by Reg. 6 of 1963, Section 2 and Sch I. I; to Pondicherry by Reg. 7 of 1963, Section 3 and Schedule I and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of  1965, Section 3 and Schedule
It has been extended to the State of Sikkim w.e.f. 13-9-1994 vide Notification No. S.O. 516(E), dated 9th July, 1994.

2. The words "British India" have successively been substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

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This Act shall be called the Indian Penal Code, and shall 1*[extend to the whole of India 2*[except the State of Jammu and Kashmir].]

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1. The original words have successively been amended by Act 12 of 1891, section 2 and Schedule I, the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

2 . Substituted by Act 3 of 1951, section 3 and Schedule, for "except Part B States".

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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 within1*[India]2[***].

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1. The original words "the said territories" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above.

2 . The words and figures "on or after the said first day of May, 1861" rep. by Act 12 of 1891, section 2 and Schedule I.

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Any person liable, by any 1*[Indian law] to be tried for an offence committed beyond 2*[India] shall be dealt with according to the provisions of this Code for any act committed beyond 2*[India] in the same manner as if such act had been committed within 3* [India].

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1. Substituted by the A.O. 1937 for "law passed by the Governor General of India in Council".

2. The original words "the limits of the said territories" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above.

3. The original words "the said territories" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above.

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The provisions of this Code apply also to any offence committed by-

2*[(1) Any citizen of India in any place without and beyond India;

(2) Any person on any ship or aircraft registered in India wherever it may be.]

9*[(3) Any person in any place without and beyond India committing offence targeting a computer resource located in India.]

10*[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) of section 2 of the Information Technology Act, 2000(21 of 2000).']
 
4*[Illustration]

5[***] A,6*[who is 7*[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 3 [India] in which he may he found.

8[***]

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1. Substituted by Act 4 of 1898, section 2, for the original section.

2. Substituted by the A.O. 1950, for clauses (1) to (4).

3. The words "British India" have been successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

4. Substituted by Act 36 of 1957, section 3 and Schedule II, for "Illustrations" (w.e.f. 17-9-1957).

5. The brackets and letter "(a)" omitted by Act 36 of 1957, section 3 and Schedule II (w.e.f. 17-9-1957).

6. Substituted by the A.O. 1948, for "a coolie, who is a Native Indian subject".

7. Substituted by the A.O. 1950, for "a British subject of Indian domicile".

8. Illustrations (b), (c ) and (d) omitted by the A.O. 1950.

9. Inserted vide Information Technology (Amendment) Act, 2008 (10 of 2009), section 51, w.e.f. 27.10.2009.

10. Substituted vide Information Technology (Amendment) Act, 2008 (10 of 2009) previous text was :-

"Explanation.--In this section the word "offence" includes every act committed outside 3 [India] which, if committed in 3 [India], would be punishable under this Code."
 
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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.

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1. Substituted by the A.O. 1950, for the original section.

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Last updated on August, 2016

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