Substantive law and Procedural law | Difference | IPC Introduction | Chapter 1 | Section 3, 4 & 5
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Substantive law and procedural law
Substantive law and procedural law are terms used to describe and distinguish two different types of law:
Substantive law establishes the rights and obligations that govern people and organizations; it includes all laws of general and specific applicability.
Procedural law establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law.
The Indian Penal Code of 1860, sub-divided into 23 chapters, comprises 511 sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences.
History of the Indian Penal Code
The first draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay. The draft was based on the simple codification of the law of England, while at the same time borrowing elements from the Napoleanic Code and Louisiana Civil Code of 1825.
The first draft of the Code was presented before the Governor-General in council in the year 1837, but subsequent revisions and amendments took two more decades. The complete drafting of the code was done in 1850 and presented to the Legislative Council in 1856. It was delayed being placed on the statute book of British India due to the Indian Revolt of 1857.
The code came into force on January 1st, 1860 after undergoing many revisions and amendments by Barnes Peacock who would go on to serve as the first Chief Justice of the Calcutta High Court.
Before the advent of the British, the penal law prevailing in India, for the most part, was the Muhammedan law. For the first few years of its administration, the East India Company did not interfere with the criminal law of the country and although in 1772, during the administration of Warren Hastings, the Company for the first time interfered, and henceforth till 1861, from time to time, the British Government did alter the Muhammedan law, yet up to 1862, when the Indian Penal Code came into operation, the Muhammedan law was undoubtedly the basis of the criminal law excepting in the presidency towns. The epoch of the administration of Muslim criminal law in India extended for a considerable period and has even supplied many terms for the vocabulary of Indian law.
Structure of the Indian Penal Code
The IPC in its various sections defines specific crimes and provides punishment for them. It is sub-divided into 23 chapters that comprise of 511 sections.
INDIAN PENAL CODE (IPC) BARE ACT
PREAMBLE
WHEREAS it is expedient to provide a general Penal Code for India;
It is enacted as follows:
CHAPTER I, IPC – INTRODUCTION
sections
1. Title and extent of operation of the Code.
This Act shall be called the Indian Penal Code, and shall extend to the whole of India except the State of Jammu and Kashmir. (The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).)
2. Punishment of offences committed within India.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within India.
3. Punishment of offences committed beyond but which by law may be tried within India.
Any person liable, by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.
4. Extension of Code to extra-territorial offences.
The provisions of this Code apply also to any offence committed by-
(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be.
(3) any person in any place without and beyond India committing offence targeting a computer resource located in India. [Ins. by Act 10 of 2009, s. 51 (w.e.f. 27-10-2009)]
Explanation-
(a) In this section the word “offence” includes every act committed outside India, which, if committed in India, would be punishable under this Code.
(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).
Illustration-
A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.
5. Certain laws not to be affected by this Act.
Nothing in this Act shall affect the 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.
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