Trilok Gupta's Blog

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...

 Theories of Punishment: Imposing punishment upon the wrong doer was recognized from the time of immemorial. In olden days, severe punishment was imposed for smaller offence. As the civilization developed, the attitude towards the imposing of the punishment has been changed. Gandhi said, “Hate the Sin, but not the Sinner” Like this, other philosophers showed mercy upon the criminals and started analyzing the Socio-economic circumstances behind the incident of the offence. Their views are classified into: 1) Deterrent Theory 2) Retributive Theory 3) Reformative Theory 4) Preventive Theory 5) Expiatory Theory 1. Deterrent Theory: According to this theory, the punishment given to a wrong doer must be as hard as possible so that it may set an example who commits the same. That is, it not only punishes a particular person but it also directs punishment to the other possible criminals. The deterrent theory creates some kind of fear in the mind of other by providing an adequate penalty an...

Hurt (Section 319): Whoever causes bodily pain, disease or infirmity to any person is said to cause a hurt. Grievous Hurt (Section 320): According to Sec-320, Any of the following 8 instances come under the Grievous hurt, they are: 1) Emasculation 2) Permanent privation of the sight of either eye. 3) Permanent privation of the hearing of either ear. 4) Privation of any member or joint. 5) Destruction or permanent impairing of the powers of any member or joint. 6) Permanent disfiguration of the head or face. 7) Fracture or dislocation of a bone or tooth. 8) Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in sever bodily pain, or unable to follow his ordinary pursuits. 1. Emasculation Emasculation means deprivation of masculine vigor or castration. Emasculation is unsexing a man. 2. Permanent privation of the sight of either eye: The privation of the sight of either eye must be permanent. Temporary privation of sight, therefore, does not a...

Explaining Culpable Homicide and Distinguishing it with Murder.When a culpable homicide amounts to murder and when it does not amount to murder. Culpable Homicide (Section 299, 301 and 304): The term “Culpable Homicide” means, “Criminal” and “Homicide” means “Killing of a human being by another human being” Sec-299 of IPC1860 defines Culpable Homicide as, “Whoever causes death by doing an act with an intention of causing death or with an intention of causing death of such bodily injury which is likely to cause death or with the knowledge that he is likely by such act to cause death, commits the offence of a culpable homicide”. Eg: A knows that Z is behind a Bush. B does not know about this. A knowing that it is likely to cause Z’s death induces B to fire at the Bush. B fires and kills Z. Here, B may be guilty of an offence but A has committed the offence of culpable homicide. Ingredients: To constitute the offence of culpable homicide, the following has to be satisfied, they are: 1) Ca...

Defamation (Section 499- Section 502): Defamation is an offence as defined in Sec-499 of IPC. A person is guilty of defamation if he is: 1) by words - spoken or written, 2) by signs or visible representation, 3) makes or publishes any imputation concerning a person 4) Intending to harm or knows it would harm the reputation of such a person. Punishment: 2 years simple imprisonment or fine or both Explanation: 1) It amounts to defamation if the imputation harms the reputation of a deceased person. 2) A Company or an Association or a group of persons may be subject to defamation. 3) Ironical expressions amount to defamation. Test: The imputation when amounts to defamation are explained in Sec-499. In the estimation of others, directly or indirectly, the imputation must: 1) Lower his moral or intellectual character, 2) Lower his character in his caste, business or credit in society 3) Cause to believe that he was suffering from a disgraceful disease. Essentials: Publication is the essence ...

Criminal Trespass (Section 441 to Section 462): If a person enters upon the property in the possession of another, with an intention to commit an offence or to intimidate, insult or annoy any person he commits criminal trespass. If having lawfully entered he remains there unlawfully and commits an offence, he is guilty of criminal trespass. Use of criminal force, is not essential. The intention is aiming at the desired object or motive Eg: A landlord who forcibly enters his land in the possession of his tenant B, to beat B, A commits criminal trespass. Punishment Section 447: Imprisonment up to 3 months or fine of Rs.500/- or both. In Harish Chandra V  State In this case, the workers of the factory entered into the office of the Managing director with Deadly weapons. They raised slogans and also beat the staff. It was held that the accused workers were guilty of Criminal trespass. House trespass (Section 442): If a person enters into or upon the property of another with an intentio...

Criminal Intimidation (Section 503): A person commits criminal intimidation, if he threatens another with injury to him or his reputation or property, with an intention to cause harm or to cause him to do or not to do a thing. The gist of the offence is threat. A threat to the reputation of a dead person is also an offence under Sec-503. E.g. A wants to sue B. B threatens A to burn A's house. B is guilty under Sec-503. Essentials: The essentials are: 1) There should be a threat to cause injury to that person, his reputation or his property (or of another) 2) With intent to cause alarm 3) Causing that person to do any act which he is not legally bound to it, or omit to do legal act. (Jugal Kishore V. state) Punishment (Section 506 & Section 507): Imprisonment up to 7 years or fine or both