Structure of the Indian Penal Code: The IPC is divided into 23 chapters comprising 511 sections. A comprehensive legal framework termed the Bharatiya Nyaya Sanhita (BNS) 2023 was designed to modernize India’s criminal justice system. Its 358 sections and 20 chapters strive to uphold justice and answer modern societal needs. Study Material for All Judiciary Examinations
Structure of the Indian Penal Code (IPC)
The IPC, drafted by the First Law Commission under Lord Macaulay, is organized into 23 chapters comprising 511 sections. These chapters are divided broadly into the following areas:
- General Principles (Sections 1-5): Covers definitions, territorial applicability, and exceptions.
- General Explanations (Sections 6-52A): Provides definitions and clarifications for terms used throughout the code.
- Punishments (Sections 53-75): Details various types of punishments, such as imprisonment, fines, and capital punishment.
- Offences Against the State (Sections 121-130): Includes treason, sedition, and related crimes.
- Offences Against Public Tranquility (Sections 141-160): Addresses unlawful assembly and riots.
- Offences Against the Human Body (Sections 299-377): Covers homicide, assault, kidnapping, and sexual offences.
- Offences Against Property (Sections 378-462): Deals with theft, extortion, robbery, and other property crimes.
The IPC’s structure provides a systematic approach to criminal offences, emphasizing comprehensive coverage and clarity.
Bharatiya Nyaya Sanhita (BNS)
- General Definitions and Explanations: “Definitions and General Explanations” is the title of Section 2 of the Bharatiya Nyaya Sanhita (BNS) 2023. The primary objective of providing precise and clear definitions of terms used across the BNS is reflected in the title.
- Widened Spectrum of Documents: The Bharatiya Nyaya Sanhita has expanded the scope and legal significance of what constitutes a legitimate document. The scope, creation, and storage method of documents have all seen significant changes as a result of the world’s digitization and technological advancements. Electronic and digital records are now included in the definition of “document” (Section 2(8)).
- Community Service As a Form Of Punishment: Though the exact definition of community service is still undefined, it has been used as a form of punishment under Section 4. In addition to the prescribed punishment, community service may be given for offences like defamation, public misconduct by an intoxicated individual, attempting suicide to compel or restrain the exercise of lawful power and failing to show up at the designated location and time as mandated by a proclamation published under sub-section (1) of section 84 of the BNS, 2023.
- Offences Against Woman and Child Of Sexual Offenses: The new BNS includes a new chapter called “Of Offences Against Woman and Child Of Sexual Offenses” in Chapter V. Before being divided into different chapters and sections, all of the offences pertaining to women and children were grouped under a single chapter at the beginning of the Code.
- Marital Rape including a Minor Wife is an offence: Sexual contact or sexual actions between a man and his own wife, provided that the wife is not younger than eighteen, would not be considered rape under Section 63 of the BNS, with the exception of rape. Under the Indian Penal Code, however, a wife had to be “fifteen years old” to be considered a victim of rape.
The Supreme Court interpreted “fifteen years” under Exception 2 to Section 375 IPC as “eighteen years” in 2017 ruling Independent Thought v. Union of India, (2017) 10 SCC 800, in order to bring sex with A minor wife is included in the rape offence’s scope.