Sections 1 to 5

THE INDIAN PENAL CODE, 1860

CONTENTS

Preamble

CHAPTER-I

INTRODUCTION

1. Title and extent of operation of the Code

2. Punishment of offences committed within India

3. Punishment of offences beyond but which by law may be tried within India

4. Extension of Code to extra-territorial offences

5. Certain laws not to be affected by this Act

THE INDIAN PENAL CODE, 1860

(45 OF 1860) ¹

[6^th October, 1860.]

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), sec. 2. Panth Piploda Laws Regulation, 1929 (1 of 1929), sec. 2 and Sch.;

Khondmals District, by the Khondmals Laws Regulation, 1936 (4 of 1936), sec. 3 and Sch.; and Angul District, by the Angul Laws Regulation, 1936 (5 of 1936), sec. 3 and Sch. It has been declared under sec.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 Gazette, 1899, Pt. I, p. 44) and Manbhum and Parganas.

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, sec. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, sec.2 and Sch. I; to Pondicherry by Reg. 7 of 1963, sec.3 and Sch.I and to Laccadive, Minicoy and Amindivi Islands by Reg.8 of 1965, sec.3 and Sch. It has been extended to the State of Sikkim w.e.f. 13-9-1994 vide Notification No. S.O. 516(E), dated 9^th July, 1994.

CHAPTER - I

INTRODUCTION

Preamble:-

WHEREAS it is expedient to provide a general Penal Code for ¹[India]; It is enacted as follows: -

1.
The words "British India" have successively been subs. by the A.O.
1948, the A.O. 1950 and Act 3 of 1951, sec.3 and Sch. to read as above.

1.Title and extent of operation of the Code. —

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]].

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

2.
Subs. by Act 3 of 1951, sec.3 and Sch., for "except Part B States".

2. Punishment of offences
committed within India. —

Every person shall be liable punishment under this Code and not otherwise for every act of omission contrary to the provisions thereof, of which, he shall be guilty within ¹[India] ²[***].

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, sec.3 and sch.
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, sec.2 and Sch.I.

3. Punishment of offences committed beyond, but which by law may be tried within, India. —

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].

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

2. The original wards "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, sec.3 and sch. to read as above.

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

¹[4. Extension of Code to extra-territorial offences. —

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 of aircraft registered in India wherever it may be.]

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.

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 be found.

⁸[* * *]

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

2. Subs. 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, sec.3 and Sch. to read as above.

4. Subs. by Act 36 of 1957, sec.3 and sch. II, for "Illustrations".

5. The bracket and letter "a" omitted by Act 36 of 1957, sec.3 and sch. II.

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

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

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

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

¹[5. Certain laws not to be affected by this Act. -

Nothing in this Act shall affectthe 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.]

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

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