IPC Legal Terminologies

 

  • UNLAWFUL ASSEMBLY: Unlawful assembly is the assembly of five or more persons whose common objective for the assembly is to intimidate any public servant, resist execution of any law, to commit mischief or criminal trespass, to take away the property or rights of any person or to compel a person to do something he is not legally bound to do. It’s defined under Sec 141 of the Indian Penal Code, 1860.  E.g. Six people decide and agree to tear down X’s shop. Such assembly is unlawful.

 

  • AFFRAY: An affray is violent fighting by two or more persons in public which disturbs the public peace. It’s defined under Section 159 of the Indian Penal Code, 1860.  E.g. Amit crashes into Rahul’s car and the two begin fighting physically in the middle of the street causing a jam. Such fighting is affray.

 

  • RIOTING: Rioting is the use of force by an unlawful assembly for the pursuance of their common objective. It’s defined under Sec. 146 of the Indian Penal Code.  E.g. The six people who decided to tear down X’s shop in eg.1 set it ablaze. Such use of force amounts to rioting.

 

  • CRIMINAL CONSPIRACY: When two or more persons agree to do or cause to be done an illegal act or a legal act in an illegal manner, it’s called a criminal conspiracy. It’s defined under Section 120A of the IPC.  E.g. Mr Sharma wants to eliminate his nemesis Mr Malhotra because he is constantly poaching his clients. He hires Ramu and Shamu who are contract killers for this purpose and they agree to kill Mr Malhotra for Rs. 50,000. Such agreement is criminal conspiracy.

 

  • SEDITION: The offence of inciting dissatisfaction, hatred or contempt towards the lawful Government by spoken or written words or by signs and visual representations is known as Sedition. It’s defined under Sec. 124A of the IPC. E.g. Ramesh, a member of the opposition inciting people to carry out an armed rebellion against the lawfully elected Government commits the crime of sedition.

 

  • COUNTERFEIT: Counterfeit is when one person causes a thing to resemble another with an intention to deceive another person. Counterfeit is defined under Sec. 28 of the IPC. E.g. Aryan printed some fake Rs. 100 currency notes at home. He used these to purchase food from a grocery store. He may be convicted for counterfeiting currency.

 

  • EXTORTION: When one person intentionally puts or threatens to put another person in fear of an injury to the person or any other person to deliver any property, valuable security or anything that can be converted into a valuable security he commits extortion. It’s defined under Sec. 383 of the IPCE.g. Aman threatens to kill Rajesh’s six-year-old daughter if he doesn’t return the Rs. 50000 he borrowed from Aman. He commits extortion.

 

  • MURDER: Murder is an act which causes death and is done with the intention of causing death or any bodily injury which is likely to cause death, or is sufficient to cause death in all probability. It’s defined under Sec. 383 of the IPC. E.g. Arush and Balesh are brothers between whom their ancestral property is to be divided. Arush, wanting the property all to himself, poisons Balesh’s food. Balesh dies subsequently. Arush is guilty of murdering Balesh.

 

  • ADULTERY: Adultery refers to the offence of having voluntary sexual intercourse with a person who is the wife of another without the other’s his permission. It’s defined under 497 of the IPC. E.g. Ramesh introduces Robert to his wife, Alia, at an office party. Alia and Robert grow intimate and engage in coitus. Robert thus commits adultery but not Alia. She shall not be punished as an abettor.

 

  • DEFAMATION: Defamation is the offence of causing harm or injury to the reputation of another person by spoken or written words or by signs and visual representations. It’s defined under Sec. 499 of the IPC which also lists out its exceptions. E.g. Raghav tells Nikhil that Aditya, an honest officer, siphoned money from the exchequer. Raghav defames Aditya because he did nothing of the kind.

 

  • FORGERY: Forgery is the making of false documents or part of a document with the intention of causing another to part with his property, to enter into a contract or to commit fraud. It’s governed under Sec. 463 of the IPC. E.g. Likith offers to sell a land to Neha by falsely claiming that it belongs to him. He shows Neha a false title deed he drew, and she pays him for the land in full. After receiving the money, Likith absconds. He commits forgery.

 

  • ABETMENT: Abetment means instigating or intentionally aiding another person in the commission of an illegal act. It’s defined under Section 107 of the IPC. E.g. Rishubh and Priti were a couple whose relationship ended recently. Rishubh is enraged so much that he intends to harm Priti. Sparsh procures a pistol for this purpose and hands it over to Rishubh who uses the pistol to kill C. Rishubh is guilty of abetment of murder of C.

 

  • DOWRY DEATH: Dowry death refers to the Death caused by burns or bodily injury within 7 years of the marriage of a woman wherein she was subjected to cruelty by the husband or any of his relatives for dowry. It’s defined under Sec.304B of the IPC. E.g. Aman and Srijita were married recently. Though Aman did not demand any dowry from Srijita or her family, his mother, Shalini constantly tortured her for it. Giving in to the torture, Srijita committed suicide. Shalini has committed dowry death.

 

  • ADULTERATION: Adulteration means the illegal addition of another substance to a food or drink which reduces the quantitative standard of the food or drink. Sec. 272 of the IPC deals with Adulteration of any food and drink. Sec. 272 provides that if anyone intentionally adulterates any article of food or drink, he will be punishable with a maximum imprisonment of 6 months and/or a fine of one thousand rupees. E.g. Saksham, a milkman intentionally mixes chalk powder along with his milk in order to increase the quantity of the milk. He is guilty of adulteration.

 

  • KIDNAPPING: Kidnapping is the taking away of a minor forcibly and without the consent of the minor’s lawful guardian. It’s an offence under Sections 359,360,361 and 363 of the IPC. Kidnapping is of two kinds: i) Kidnapping from India and ii) Kidnapping from lawful guardianship. Kidnapping from India is mentioned in sec. 360 of the IPC. It provides that whoever conveys any person beyond the limit of India without the consent of that person or his legal guardian is said to kidnap that person from India. Kidnapping from lawful guardianship is mentioned in Sec. 361 of the IPC. It provides that whoever takes any minor (16 years for male and 18 years if female) or any person of unsound mind, out of the keeping of the lawful guardianship of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Kidnapping is punishable under Sec. 363 of the IPC which provides for a maximum imprisonment of 7 years and fine.

 

  • ADULTERY: Adultery is defined as having sexual intercourse with a married woman without the consent of the spouse of the woman. In India, adultery is punishable under Sec. 497 of the IPC with a maximum sentence of 5 years and/or fine. However, the wife is not punished as an abettor. E.g. Rajesh has an extra-marital affair with Sushma, who is married to Rahul without Rahul’s consent. He is guilty of Adultery under the IPC.

 

  • ABDUCTION: Abduction is defined under Sec. 362 of the IPC as the forceful compulsion or deceitful induction of any person by another for the purpose of going from one place to another. It’s an auxiliary act not punishable by itself.

 

  • WRONGFUL RESTRAINT: Wrongful restraint is the voluntary obstruction of a person to prevent him from proceeding in any direction where the person has a right to proceed. Its defined in Sec. 339 of the IPC. Sec. 341 prescribes a punishment of maximum imprisonment for 1 month and/or a fine of Rs 500. E.g. Mayank is passing along a public road on which he has a right to pass when he is obstructed from going further by Amit. Amit commits the offence of wrongful restraint.

 

  • WRONGFUL CONFINEMENT: Wrongful confinement is defined in Sec. 340 of the IPC as the wrongful restraint of any person which prevents him from proceeding beyond certain limits. Its punishable with imprisonment for a term which may extend to one year, and/or with fine which may extend to one thousand rupees. E.g. Himanshu locks his daughter Sujata in a room to prevent her from meeting her boyfriend, Ali. Himanshu commits the offence of wrongful confinement.

 

  • DACOITY:  Dacoity is the committing or attempting to commit robbery by five or more people. It’s defined under Sec. 391 of the IPC. The IPC prescribes a punishment of life imprisonment or rigorous imprisonment up to 10 years for dacoity along with a fine.

 

 

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