- Who had drafted the Indian Penal Code?
Thomas Babington Maculae with other three commissioners (McLeod, Anderson and Millets).
- How Penal Provisions are covered in Jammu and Kashmir?
In the state of Jammu and Kashmir instead of IPC, the Ranbir Penal Code (RPC) is applicable which is similar to the IPC.
- When IPC come into force? How it Indian law, as it was not enacted by Indian Parliament? Discuss last major Amendments in IPC?
The Indian Penal Code was passed on 6th October, 1860 and put into force with effect from 1st January, 1862. Notified by Indian Government and ratified by A.O.1950. The recent amendment is made by the Criminal Law (Amendment) Act, 2013 came into force with effect from 4th February, 2013.
- What are differences between Special and Local Laws? Whether the Prohibition of Child Marriage Act, 2006 is local or special Act? The Gujarat Police Act is local or special Act?
A ‘special law’ is a law applicable to a particular subject, whereas, a ‘local law’ is a law applicable only to a particular part of India. The Prohibition of Child Marriage Act, 2006 is a special law and the Gujarat Police Act is local law.
- Can a State amend the IPC?
Yes. The State can amend the IPC within its jurisdiction; limited to enhance the sentence or extend or modify the definition of the offence.
- What is the jurisdiction of Gujarat in sea bed?
The State has jurisdiction up to 12 nautical miles (water territories) and any crime committed by any person, irrespective of his nationality, will be inquired and tried by the State.
- An offence is committed 20 Nautical Miles from baseline of Gujarat. Who will inquire the offence where trial will take place?
If any offence has been committed after 12 nautical miles and before 200 nautical miles, the offence shall be inquired by the officer and tried by the court, appointed and published in official gazette by the Central Government.
- A person sitting in Pakistan forged Sukhram in Ahmedabad, India; can he be tried in Ahmedabad?
The Supreme Court held that even on the assumption that the appellant has ceased to be an Indian citizen and was a Pakistani national at the time of the commission of the offence, he must be held guilty and punished under the IPC notwithstanding his not being corporeally present in India at the time. (Mobarik Ali Ahmed v. State of Bombay, AIR 1957 SC 857)
- What do you mean by mens rea?
Mens rea means the guilty mind or wrongful intention and, is discovered in the definition of the offence; it is words like ‘intention’, ‘recklessly’, ‘with malice aforethought’ and so forth.
- Whether mere intention is an offence?
No. Mere intention to commit an offence, not followed by any act, cannot constitute an offence.