The substantive criminal law of India has been codified in the Indian Penal Code (IPC) of 1860 as the procedural law has been in the Criminal Procedure Code 1973 ( Cr. P. Code). The IPC deals specifically with various offences and details what acts will constitute an offence and what will afford an excuse or defence to a charge of an offence. The Penal Code is a substantive law whereas the Criminal procedure Code is procedural; in other words, it provides that all offences under the Indian Penal Code or under any other Act shall be investigated, inquired into, tried and otherwise dealt with according to the provisions contained in the Code.
The offences described in the Penal Code are to be dealt with by criminal courts and every person in India who commits any offence is liable to punishment as provided in the Indian Penal Code and the manner provided in the Criminal Procedure. Every person is made liable to punishment, without distinction of caste, rank or creed if the offence mentioned in Code or any Act has been committed in any part of India. A foreigner who commits an offence on Indian soil is also liable to be prosecuted and can be punished if found guilty. However, there is an exception with regard to:
(i) foreign sovereigns;
(ii) ambassadors and members of the diplomatic corps enjoying immunity;
(iii) alien enemies;
(iv) foreign armies;
(v) warships; and
(vi) the President and the Governor under Article 361 of the Constitution of India.
Apart from the offences mentioned in the Indian Penal Code, there are other offences created by various Acts of Parliament and the state legislature. Unless special courts are created by the Act, all offences, where imprisonment or fine is the punishment, can be tried only by Criminal Courts. Offences under the Foreign Exchange Regulation Act, the Income-Tax Act, the Customs Act, the Central Excise and Salt Act, the Food Adulteration Act, the Police Act, the Companies Act, etc., are also tried by Criminal Courts under the procedure provided by the Criminal Procedure Code.
The Indian Penal Code lists various offences under various heads, for example:
(i) Criminal conspiracy;
(ii) offences against the state;
(iii) offences relating to the Army, Navy and Air Force;
(iv) offences against public tranquility;
(v) offences by or relating to public servants;
(vi) offences relating to elections ;
(vii) contempt of lawful authority of public servants;
(viii) false evidence and offences against public justice;
(ix) offences relating to coin and Government stamps;
(x) offences relating to weight and measures;
(xi) offences affecting public health and safety, convenience, decency, and morals;
(xii) offences relating to religion;
(xiii) offences relating to and affecting the human body;
(xiv) offences against the property;
(xv) offences relating to documents and to property matters;
(xvi) offences relating to breach of contract of service;
(xvii) offences relating to marriage;
(xviii) cruelty by husband or relative of husband;
(xix) defamation;
(xx) criminal intimidation, insult and annoyance, etc.
The Parliament has powers to add and alter/amend any of these offences and can create new offences under the Indian Penal Code or any other Act. Where the creation of a new offence is concerned it is to be noted that no one can be penalised for such an offence if it was not an offence when it was committed.
The Indian Penal Code also provides the type of punishment which the various court can award:
(i) death;
(ii) imprisonment for various periods up to life imprisonment; imprisonment can be of two kinds:
a) rigorous, that is, with hard labour or
b) simple;
(iii) forfeiture of property;
(iv) fines.
The courts can award any or a combination of any of the above punishments depending upon the offence committed. So, for example, there can be imprisonment with fine, or different sentences of imprisonment for various offences to run concurrently or consequently.
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