Important Sections of Indian Penal Code (IPC) [Updated]

The Bharatiya Nyaya Sanhita (BNS) has replaced the Indian Penal Code (IPC), 1860 after getting an accent from the president of India on December 25, 2023. Indian Penal Code (IPC), the official criminal code of India was drafted in the year 1860 in the wake of the first law commission (1834) establishedunder theCharter Act of 1833. The government has taken this step to streamline the approach to India’s criminal legislation.

Previously when IPC was into force it had 511 sections while the Bharatiya Nyaya Sanhita or IPC 2.0 is designed with 356 sections. Here in this blog, we have mentioned a few important sections of the Indian Penal Code in a layman’s way so that everyone can understand them easily.

Important Sections of Indian Penal Code (IPC):

Though there are 356 sections in IPC we have discussed the major ones to make you understand how they are beneficial for you. Here are the important sections of IPC:

1. Mob Lynching:

It is a violent activity where a group of people on the pretext of administering justice outside the courtroom executes a presumed offender, who might be innocent as well. While IPC does not have any specific mention of mob lynching, it punishes the offenders of any murder under section 101(2) (punishment for murder). This section says: “When a group offive or more peoplecommits the murder of an assumed culprit based on factors likecaste, language, place of birth or personal belief shall be punished. Those who commit the crime have to face capital punishment or a prison term of seven years to life.

2. False Promise to Marry:

Under the Indian Penal Code deceitful promise to marry is criminalized. “Deceitful means” include having sex on the pretext of providing employment or promotion, inducement, or marrying after suppressing the identity.

Clause 69 of IPC says, “If a man promises to marry a woman, but does not actually intend to marry her, and still has consensual sex with her, this will amount to a criminal offense”. Sex under false promises to marry, may be punished with an imprisonment that can extend up to 10 years. But it will be attracted only when a man makes a false promise to a woman, with the intention of breaking it, for the purpose of sexually exploiting her with her consent.

3. Attempt to Suicide:

Under Indian Penal Code the attempt to commit suicide is not considered a punishable offense. However, it is still considered an offense when a person has the intent of restraining a government official from performing his duty. Under section 224 of IPC, ‘Whoever attempts to commit suicidewith the intent to compel or restrain a public servantfrom discharging his official duty shall be punished with imprisonment for a term which may extend to one year or with fine or with both or with the community service. This provision ensures the prevention of self-immolations and hunger strikes during protests.

Abatement to suicide is decriminalized owing to the Mental Healthcare Act where the stress of a person who is taking such a step is considered. As we know taking a big step like ending your life is not easy and people who commit such acts are often under deep stress that they can’t handle anymore. Therefore instead of punishing them for their mental status, our legislation tries to understand them and helps to provide them medical assistance.

4. Gender Neutrality:

We live in a society where we ask for women empowerment among other demands. But we are forgetting one thing, in this new society no one is safe. Irrespective of the gender the crimes are committed and both men and women are at risk. Therefore, our law aims to bring gender neutrality in society and safeguard the rights of both males and females.

Under the IPC both men and women can be booked for outraging the modesty of women (354A of the IPC) and voyeurism (354C).While rape laws apply only to women i.e. only men are booked for the offences and not women. But for the offences related to children both males and females can be arrested. For example, offenses dealing with the procuration of a girl (366A of the IPC) are a gender-neutral crime. In the offense of kidnapping of minors under Section 361 of the IPC, a uniform age limit of 18 years is set for both genders.

5. Fake News:

With free internet, there are other frees as well. And the most critical free thing we are getting these days is “Fake News”. Since the launch of free data from Reliance Jio we have come across many lynchings and hate against each other’s religion, caste, creed, and whatnot. People are often seen sharing videos with different intent which was not the actual intent of it. For example, a video went viral and spread like fire on the internet in which a man was seen butchering the meat of an animal and the video claimed the animal to be beef.

People recognized this man from the video and beat him up causing major injuries to him. When police reached the spot, an official complaint was registered against the people. When sources were authenticated, it turned out to be a fake video and the animal was a goat, not a cow. To prevent these activities, the Indian Penal Code mentions sections under which people spreading fake news can be punished. Under Section 153B of the IPC publishing false and misleading information is considered a punishable offense. That means a person can be booked under IPC if he/she is found spreading fake news in order to address concerns related to national harmony.

6. Sedition:

Sedition encompasses aiding any hate activity financially, acts of subversive activities, and inducing separatist sentiments. Section 150 of the IPC deals with sedition and mentions the punishment a person will have to face in case of committing such a crime endangering the integrity of the country. Section 150 of IPC says, “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.” This provision emphasizes the gravity of acts against the state and strengthens measures to safeguard the nation’s interests.

7. Inclusivity in Unnatural Sexual Offences:

Earlier under section 377 of IPC homosexuality and unnatural sexual activities were considered crimes. However, it is not a crime anymore after modifications done under Bharatiya Nyaya Sanhita or IPC 2.0. LGBTQ+ rights are being safeguarded by excluding punishment for unnatural sexual acts between consenting adults. Through this, our legislation reflects a more inclusive and tolerant approach to personal choices and relationships. However, this provision of IPC is still present to deal with unnatural sexual offenses against minors, against the consent of people involved, and bestiality.

8. Defamation:

Under IPC, the act of defamation is a punishable offense. The case of defamation carries a maximum sentence of two years imprisonment, a fine, or community service under section 356 of IPC 2.0 which is an amalgamation of sections 499 and 500 of the previous model of IPC. This emphasizes a balanced approach to protecting the reputation of people while promoting proportionate punishment.

9. Adultery:

Under Section 497 of the Indian Penal Code, adultery was earlier considered a criminal act and had prescribed punishment for the same. However, it is not a punishable offense anymore after the introduction of IPC 2.0. Legalizing adultery acknowledges theright of adult citizens of India to make decisions about their personal relationshipswithout state interference. Meaning the law of the land and the government have nothing to do with the personal sexual and relationship choices of the citizens.

10. Marital Rape:

Though rapes are considered a punishable offense under section 375 of IPC, it had an exception. This exception was in the case of marital rape which says, "sexual intercourse or sexual activity by a man with his wife, the wife not being under fifteen years of age is not considered a crime.” Despite various debates on the issue, there is no legal framework in India that mentions punishment for a man involved in the marital rape of his wife.

The provision of not punishing the husband is protected by citing social norms, the potential misuse and, to protect the ‘sacred’ institution of marriage from raised questions in society.

11. Cruelty by The Husband Or Relatives of The Husband:

Section 86 of IPC defines the punishment for the cruelty done to a woman by the husband or his relatives. It says, “If a woman’s husband or his relatives subjects her to cruelty in any manner, they shall be punished with imprisonment for a term up to three years and shall be liable to fine as well.”

References:

• https://byjusexamprep.com/upsc-exam/ipc-sections-list#toc-4
• https://www.dnaindia.com/india/report-bhartiya-nyaya-sanhita-will-attempt-to-suicide-be-punishable-under-bns-bill-2023-check-new-law-3055752
• https://www.business-standard.com/india-news/bns-bill-proposes-to-do-away-with-ipc-provisions-on-unnatural-sex-adultery-123081300472_1.html
• https://www.thehindu.com/podcast/how-will-clause-69-play-out-in-indian-courts/article67399176.ece

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