Relevance of Indian Penal Code

Indian Penal Code, 1860 is one of the 3 pillars of criminal law which forms the base of criminal justice system in India. The other two pillars are Indian Evidence Act, 1872 and Code of Criminal Procedures, 1973.
It took a total of approximately 27 years for the IPC Code to be formed, right from the preparation of its draft to its adoption in 1862. It took more than 2 years to prepare the draft code.

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French Code

Various existent law enforcing documents such as the French Penal Code as well as the Livingstone’s Code of Louisiana were used as reference. Draft Code was submitted to the Governor General-in-council on October 14, 1837 This draft and report, however, was not accepted by Government since civil servants questioned the “wisdom of enacting a law which declined to draw exclusively upon one system of law, choosing instead to borrow either from several or to rely on abstract theories of jurisprudence………”.

sir barnes peacock
Barnes Peacock

The draft kept on minutely changing with change in administrative officers and Indian Law Commission members. On April 26, 1845, the Second Indian Law Commission was constituted which again examined the draft IPC. This commission presented its report in two parts, one in 1846 and the second one in 1847.Draft Code was again revised and presented to Governor General-in-council in 1856 by John Elliot and Barnes Peacock.
Thus after 20 years of scrutiny and editing, the legislative council finally passed the draft law in 1860 and came into operation on January 1, 1862.
After the partition of the British Indian Empire, the Indian Penal Code was inherited by its successor states, the Dominion of India and the Dominion of Pakistan, where it continues independently as the Pakistan Penal Code. It is also followed in the state of Jammu and Kashmir, with the exception that it is known by a different name there – Ranbir Penal Code. After the separation of Bangladesh from Pakistan, the code continued in force there. The Code was also adopted by the British colonial authorities in Colonial Burma, Ceylon (modern Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes in those countries.
The Indian Penal Code today covers almost all the known aspects of criminal laws and is applicable to all the citizens of India. The document holds importance in all the states of the country.
The main feature of the Indian Penal Code is that it provides the law makers as well as enforcers with a fundamental document, that maps all the various laws and the  punishments if the laws are breached in some way or the other. Another important feature of the Indian Penal Code is that it is applicable to any kind of crime committed on various aircrafts, ships and vessels if they fall into the Indian Territory when the crime is committed on them.

 

The Indian Penal Code does not include any special favours for any person at some special position. Thus, the Indian Penal Code stands alike for government employees, as for a common man, and even for a judicial officer. This builds up the faith of the common citizens in the law making and enforcing bodies in the country and prevents any sort of corruption or misuse of power on the part of the people in power.

 
IPC has been in use for 154 years. The Code is universally acknowledged as a cogently drafted Code, ahead of its time. Nicholas Phillips, Justice of Supreme Court of United Kingdom applauded the efficacy and relevance of IPC. Since the time when it was formulated for the first time, the Indian Penal Code has had a dynamic modification pattern to its form and content. This is because various type of changes or amendments were included in order to make the judicial system of the country, much more realistic. Modern crimes involving technology unheard of during its inception fit easily within the Code mainly because of its broad drafting

All in all, the Indian Penal Code of the present day has evolved into a modern law enforcing document that takes into consideration the humane side of the personalities of culprits as well. This has escalated and lifted the Indian system of Law to greater heights and has led to a firm respect for it in every citizen of the country.

SCRUTINISING SOME SECTIONS

Section 377 The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same-sex individuals
On December 11, 2013, Supreme Court of India over-ruled the judgement given by Delhi High court in 2009 and clarified that “Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality”. The Bench said: “We hold that Section 377 does not suffer from… unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable.” It, however, said: “Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati.”
The Section 309 of the Indian Penal Code deals with an unsuccessful attempt to suicide. Attempting to commit suicide and doing any act towards the commission of the offence is punishable with imprisonment up to one year or with fine or with both. Considering long-standing demand and recommendations of the Law Commission of India, which has repeatedly endorsed the repeal of this section, the Government of India in December 2014 decided to decriminalise attempt to commit suicide by dropping Section 309 of IPC from the statute book. In February 2015, the Legislative Department of the Ministry of Law and Justice was asked by the Government to prepare a draft Amendment Bill in this regard.
The Indian criminal  system has been one that has gone through a lot of tests and examinations throughout the time. This is due to the political as well as the social situation and standing of the country. India is a land of diverse cultures and traditions. It is a place where people from various religions as well as ethnic backgrounds live together. Hence the Code provides for amendments which can been made to it in order to incorporate a lot of changes in society, law and jurisdiction clauses. The code has been amended a minimum of 76 times.

~ girlunimpressed

10 Ways to Irritate Anyone

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Okay, let’s be frank here. Most of us have in some way consciously or subconsciously irritated someone and if for some reason you have never done this (are you sure you’re a human?) than you are missing out on a whole lot of fun but you’ve probably encountered some or all of these. To all those new to the art of irritation, I welcome you.

1) the 5 Ws and the 1 H (why, who, when, what, where and how)
The simplest and most efficient way of irritating someone is asking them questions. For instance:

Mum: I had gone to the market
Me: Why?
Mum: To buy groceries.
Me: Why?
Mum: Because there were none.
Me: Why?
Mum : Cause they were all used up.
me: (You’ve guessed it) Why?
Mum: Cause we need food. You ask me ‘why’ again and I shall beat you with this spatula!
Me: (backing away a safe distance and then in a whisper) why (before I run for my life)

At this point I realise I’ve been amiss as I haven’t warned you that this approach almost always ends in some threat of physical violence and if you aren’t fast enough you are gonna get beaten up, especially if you have Indian parents and you try this on them.

2) Talking Waaaaay Toooooo Sllllooooww
Okay I’m not referring to any speech disorder that makes a person speak slowly. I’m talking about an average person who deliberately slows down his speech. Another version of this is not getting to the point or rambling about. You’ve probably realised by now that I know what I’m talking about.
For example your brother calls urgently and asks you to see if he has left a green file on his desk. You can clearly see the file cause of course you’ve got the neatest brother in the whole world (which of course means I’m the messy one. . . I mean come on, I’m just maintaining the balance of nature here. . . you’re welcome universe). Alright where was I? Yes. . . file on desk . . . just ramble about the weather (my favourite topic for small talk) or your work and just drag out your answers.

3) Walking/Driving Slowly
So there’s a couple of people you want to irritate walking/ driving behind you. All you have to do is slow down and enjoy the scenery. This works especially well on narrow lanes and busy roads (yes, I know. . . I’m evil).

4) Imitation
You know how they say imitation is the best form of flattery? What they don’t tell you is that it is also one of the best ways of irritating a person, except of course if you are an adorable kid in which case you don’t need any of these tips, just be yourself! You’re a natural!

5) Noise
Remember the days when you were first learning a musical instrument, unless you were a prodigy you probably created some not-so-musical notes. Anything along those lines is bound to irritate people. If you aren’t musically inclined try the drums. You can turn almost anything into your personal drunk kit. Go wild!

6) Hide Stuff
We’ve all probably done this. . . . no? Just me? Alright than . . . so you’re annoyed at your dad for some reason, just hide his shoes, make sure you hide them somewhere close to their original place so when he finally finds them he just assumes he kept them there himself by mistake. Muhahaha. . .

7) Wasting Time
So your friend is picking you up for a meeting and you want to irritate him? Just make him wait. Take your time getting ready, play with your dog some more, take a shower once he gets there. You can get real creative with this one.

8)THE UPPERCASE
Yeah! You just felt a tinge of annoyance there didn’t you? So send a whole lot of texts to your friend in uppercase about the most mundane topics.

9) Spelling Mistakes
If English is your first language or your primary means of communication you probably know that the there’s something so wrong in a badly spelt text. Lets just admit it guys, we are all Grammar Nazis, some more outspoken than others. So send a badly spelt text.

10) Re-arranging Home Screens
If you’ve ever given your phone to a child in a bid to distract them you know this works. For this to work all you have to do is get your hands (or thumbs, rather) on their phone and then the sky is the limit. You can also re-name their contacts to more suitable names.
So go on and spread some irritation because you know you want to and its good for your mental well-being (that’s a fact) and more importantly, who ever you want to irritate they’ve got it coming! Have fun!

DISCLAIMER
The above material it is to be used at your own peril. The author will not be liable nor bear any responsibilities arising in course or out of the use of any of the aforementioned tips. Readers’ discretion is advised.