kinds of punishment in ipc
Fine only and the imprisonment, is sentenced to imprisonment or fine or both, the court may sentence the offender to a term of imprisonment in default of payment of fine. CONCLUSION . By this amendment act, our legislators introduced some new sections and make some amendments in Indian Penal Code, Criminal Procedure Code, Indian Evidence Act and Protection of children from sexual offences act. Offences punishable with imprisonment or fine in the alternative, and. In India imprisonment for life means for a term of 14years. Forfeiture of property 5. When May Death Sentence Be Passed? The life convict is not entitled to automatic release on completion of 14 years imprisonment unless the government passes an order remitting the balance of his sentence connotes sentence to life imprisonment are detained in jails. 2. and Distinction Between Them – Explain. Such a punishment is certainly called in case of smugglers and black markets where prima facie the source of income or property acquired by the offender may be illegal. Law > Indian Penal Code > Section 53 Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution. Life imprisonment. It is only penalty for the default. Dealing in or selling any fictitious stamp (Section 263-A). They are as follows : In case of rigorous imprisonment, the convicted person is put to hard labour but not harsh labour. In the Indian Penal Code, 1803 , Section 53, particularly deals with distinctive types of punishments which can be given by the Criminal Courts in case the individual is held obligated beneath the Code. The punishments to which offenders are liable under the provisions of IPC are; The … KINDS OF PUNISHMENT Presentation on IPC By Pavan Gautam BBA LLB 1st sem. Preventive theory – Objective of this punishment is prevention of crime by disabling the offenders by death, exile. Kinds of punishment Section 53 to 75 of the Indian Penal Code 1860, deals with the scheme of punishments and Section 53 of the Indian Penal Code prescribes five kinds of punishments. Attention then turns to physical punishments, with an emphasis on the death penalty, and removal of an offender from a territory through banishment. Persuade your neighbor to compromise whenever you can. In ordinary belief imprisonment for life means for whole life but it is not so in India. Punishment kinds 1. Obstructing a Public way or line of navigation (Section 283). But in general the division is provided under Section 53 of IPC. Punishment is the way through which an offender can be stopped from doing offences against person, property, and government. CaknaAutisma. Section 53 of the IPC in Chapter III deals with the kinds of punishments which can be inflicted on the offenders. Six kinds of punishment were described in the original Indian Penal Code. Capital punishment 2. Read more Kinds Of Punishment Under IPC. They are as follows: Death penalty, imprisonment for life, imprisonment, forfeiture of property and fine. The sentence of imprisonment for life is provided for about 50 offences under the code. 4. (Section 169). Corporal punishment 3. Rigorous Impisonment means imprisonment with hard labour.In Rigorous imprisonment the offender does works such as grinding corn ,digging earth,drawing water ,cutting fire-wood etc. Misconduct in a public place by a drunken persons (Section 510). However, as there is an increase in types of offences, better codification of … Although Section 405 has a wide ambit, however ‘entrustment’ of the property is an essential ingredient for an offence to be punished under Sec… In this article, we shall study the meaning of punishment, its characteristics, and provisions of different punishments in the Indian Penal Code. In common parlance, it means intercourse with a woman […] Thus, it literally means a forcible seizure and that is the essential characteristic feature of the offence. That the provision related to Criminal Breach of Trust is mentioned under Chapter VI (of offences against the body) from section 405 to 409. The words ‘imprisonment as well as fine’ include. The measure of punishment of fine must be carefully regulated and due regard must be had to the nature of the offence and the means of the offender. Fine. The literal meaning of abduction is to carry away a person by the use of force or through fraudulent means. November 24, 2020 by Law Corner. The chief concern of criminal law is to protect and preserve certain fundamental social values and institutions. Punishment before anything else is a deterrent. (S. 118-120 of IPC). As regards hardships to the family, the same is caused in varying degrees in all forms punishments. Section 65 lays that the term of imprisonment in default of fine shall not exceed ¼ of the maximum term of imprisonment fixed for the offence, if the offender be punishable with the imprisonment as well as fine. The I.P.C. The Indian Penal Code provides the punishment of forfeiture of specific property for offences under sections 126, 127, 169 and 263-A of the Code. Financial capacity of the accused, enormity of the offence and extent of damage caused to the victim of the offence etc., are relevant considerations in fixing up the amount. It begins by considering the four most common theories of punishment: retribution, deterrence, rehabilitation, and incapacitation. This chapter discusses different types of punishment in the context of criminal law. Let us know if you liked the post. It consists of 511 sections specifying different kinds of offences. ... Indian Penal Code (IPC) where depredation is committed on territories of any power at peace with the government of India, such property as is used or intended to be used in committing such degradation is liable to forfeiture in addition to the sentence of imprisonment and fine (Section 126). Legal provisions regarding punishment for Rape under section 375 of Indian Penal Code, 1860. Making atmosphere noxious to health (Section 278). CHAPTER III, Section 53-75 of INDIAN PENAL CODE (IPC) – OF PUNISHMENTS 53. Simple imprisonment. Where the sentence is imprisonment and fine, while awarding imprisonment in default of fine there are two limitations as to the term of such imprisonment, the one imposed by Section 65 I.P.C. Punishments - Indian Penal Code Ss- 53 to 75 of I.P.C. Committing a public nuisance not otherwise punishable by this code (Section 290). Section 303 I.P.C. There are five different kinds of punishments awarded by the Indian Penal Code, 1860 under Section 53, and they are Death, Life imprisonment, Simple or rigorous imprisonment, Fine and Forfeiture of property. In order to understand different kinds of punishment, it is crucial to understand the theories of punishment. The imposition of fines may be made in four different ways as provided in the I.P.C. In the year 1949 the third punishment “Penal Servitude” was removed. The Commission too was of the view that the harsh punishment which will fall not only on the criminal but on his dependent family, is not to be recommended. Following are the five kinds of Punishment as per IPC: (a) DEATH SENTENCE: Death Sentence also known as ‘Capital Punishment’ is sanctioned by the government and ordered by the court where a person is put to death for a crime acted by him. The words as well as, do not mean here ‘and’ as well be seen from, the concluding words of the Ist clause, i.e., ‘whether with or without imprisonment’. Imprisonment is defined as a constraint on offender’s liability. This punishment has been retained in the I.P.C. There is correlation between measure of guilt and measure of punishment. Petty crimes like theft were punished with death or mutilation of parts. In Simple imprisonment offender is confined to jail but he is relieved from any kind of work.Simple Imprisonment is awarded for small offences like wrongful restrint defamation etc. Legal provisions regarding punishment for Rape under section 375 of Indian Penal Code, 1860. Absconding to avoid service of summons or other proceedings or not attending to obedience to an order from a public servant (Sections 172-174). The opinions received by the Law Commission of India in its 42nd report, were largely against the introduction of confiscation of property. the graver the offence, the stricter the punishment. Indian Penal Code, 1860 (IPC) states five types of punishments. There are different kinds of punishment that a person can face. An interesting provision in relation to abetment is the provision for the punishment of a special kind of abetment – abetment of concealment of a design to commit a crime. Indian Penal Code seems to measure the gravity of the violation by the seriousness of the crime and its general effect upon public tranquillity. This theory has been criticized because of its harsh, severe and inhuman punishments. An act should violate a law to be considered a crime. There are five different kinds of punishments awarded by the Indian Penal Code, 1860 under Section 53. All that results in some sort of social debasement of the convict in his own eyes : Equally damaging effect is inflicted on family relationship. The different types of punishments that a convict can be awarded have been listed out u/s 53 IPC. Death punishment • Death penalty, also known as the, Capital punishment is a government sanctioned practice whereby a person is put to death by the state as a punishment for a crime. Death Sentence is defined as the execution of the offender for the offence committed by him. Bill of 1972. As a peacemaker the lawyer has a superior opportunity of being a good man. Types of Punishment. They have to stay in jail till the end of the imprisonment given by the court of law before that they are not allowed to be released from the jail. Death2. Persatuan Ibu Bapa & Ahli Intervensi (PPM-019-14-14032016) Search for: Menu If there were no bad people, there would be no good lawyers. This theory has been criticized because of its harsh, severe and inhuman punishments. As regards the question of quantum of fines, no general provision exists in England to regulate it. Although under Sec 60 of Ipc in every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple. According to Section 53 of the Indian Penal Code, the PUNISHMENT UNDER IPC which can be given to the offenders under this Code are-. Purposes of punishment contd.. •Preventive – to prevent the offender from offending again in future by disabling him. In Indian Criminal Law punishment is granted according to the gravity of offence while taking in consideration the mitigating factors i.e. Punishments are imposed with an objective of prevention of offences and protection of the society. Section 53 of the Indian Penal Code prescribes five kinds of punishments 2) Punishment Meaning : Punishment is a process by which the state inflicts some pain to the persons or property of person who is found guilty of Crime. Rigorous imprisonment. In order to understand them, first, we need to understand the theories of the punishment. CaknaAutisma. As per the Amnesty International survey, the report of July 2018 , 56 countries accept capital punishment and 106 countries have completely ended capital punishment for all crimes. In India imprisonment for life means for a term of 14years. PUNISHMENT UNDER IPC defined under section 53 of Indian penal code, 1860. Any person for whose benefit a riot is committed and who does not use the lawful means to prevent it. The prisoner introduced to a new environment which has its own culture and values, is affected by the direct impact on the earlier culture which the prisoner was exposed to before entering the jail. The master negligently concealing a deserted on board a merchant vessel (Section 137). At the end of the day discipline is endorse forced on a blamed for the encroachment for the built up rules. In imposing a punishment it is necessary to have as much regard to this pecuniary circumstances of the accused person as to the character and magnitude of the offence. Fine. Section 363 of IPC provides the punishment for kidnapping from India or from the lawful guardianship with imprisonment up to seven years and fine. • Any pain, penalty, suffering, or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him, or for his omission of a duty enjoined by law is puni But both Magna Carta and the Bill of Rights contain provisions prohibiting excess and unreasonable fines and assessment. This section fixes a maximum period of imprisonment which can be awarded for default of payment of fine whenever any court convicts. The question of whether the state has the right to take the life of a person, however, gruesome the offence he may have committed, has always been or contested issue between moralists who feel that the death sentence is required as a deterrent measure and the progressies who argue that judicial taking of life is nothing else but court mandated murder. Section 498a of the indian penal code covers all types of cruelty, mainly demand of cash or kind as dowry before marriage or after marriage. The most serious problem associated with imprisonment is what has been termed as ‘prisonisation’. 4. Publication of proposal regarding a lottery not being a state lottery or authorized by the Stage Government (Section 295-A). INTRODUCTION This article deals with the terms “force”, “criminal force” and “assault” in Indian Penal Code 1860. In other words punishment is sanction imposed on an accused for the infringement of the established rules. Abetment of suicide of a child, insane or intoxicated person (S.305). Petty crimes like theft were punished with death or mutilation of parts. Terms Crime – Crime denotes an unlawful act punishable by state. The question of whether the state has the right to take the life of a person, however, gruesome the offence he may have committed, has always been or contested issue between moralists who feel that the death sentence is required as a deterrent measure and the pr… It is also referred as Capital Punishment.It is the highest degree of punishment that can be awarded. The death penalty in India is given by the method of hanging. Section 362 of IPC defines Abduction. However the offender is not automatically released on completion of his sentence unless the government passes an order ending his sentence. Social discrimination and disabilities of scheduled tribes. Some of the important changes brought about by the Act 43 of 1983 … Kinds of Punishment Death punishment. There will still be business enough. ” The Indian Penal Code and several other Indian statutes have affixed levying of fine as an alternative as well to the main punishment. The punishments to which offenders are liable are enlisted under Section 53 of the Indian Penal Code. It involves judicial killing or taking the life of the accused as a form of punishment. In Indian Criminal Law, punishment is granted according to the gravity of offence while taking into consideration the mitigating factors. Imprisonment 4. We are here to help and deliver all types of legal information regarding Indian territorial, state and International Laws. Refusing oath when duly required to take oath by a public servant (Section 178, 179, 180). Indeterminate sentence 6. The courts can exercise a high range of discretionary powers in passing death sentences. Lets discuss the types of punishment broadly. 1. Whereas section 405 defines Criminal Breach of Trust, section 406 provides punishment of offence defining u/s 405 and section 407-409 sets when some specific people and their punishment commit the wrong of breach of trust. The owner or occupier of the land upon which an unlawful assembly or riot has taken places if he does not give the earliest notice at the nearest police station (Section 154). The object of the punishment in the scheme of modern social defence is correction of wrong doer and not wrecking gratutious punitive vengenece in the criminal. Once the court comes to a conclusion, based on evaluation of the evidence admitted before the court, that the accusation are proved against the accused, then the court necessarily decide the quantum of punishment to be awarded to the accused. There are majorly four theories of punishment. Section 320 of IPC provides for Grievous Hurt. This article discusses in detail the five theories of punishment, each based on a different objective of punishment. Therefore, punishments can be of various types like deterrent, rehabilitative, restorative and retributive. Abduction . That’s the only way we can improve. Attention then turns to physical punishments, with an emphasis on the death penalty, and removal of an offender from a territory through banishment. Now this case was recorded as ‘Rarest of Rare case’ in the history of Indian Judiciary case laws. Section 61 and 62 of the Indian Penal Code dealing with such forfeiture are repealed by Act XVI of 1921. A vindictive officer victimising a prisoner by forcing on him particularly harsh and degrading jobs violates laws mandate. According to Section 53 of the Indian Penal Code, the PUNISHMENT UNDER IPC which can be given to the offenders under this Code are-. The court, however, should not arbitrarily inflict a fine which is impossible or extremely difficult for the accused to pay or which is wholly disproportionate to the nature or character of the offence. In I.P.C. Preventive theory – Objective of this punishment is prevention of crime by disabling the offenders by death, exile. A crime is an act which the society looks down upon and shocks the conscience of the public at large. Waging or attempting to wage war or abetting the waging of war against Government of India (S. 121). and the other by Sub-section (1) (b) Section 30 read with Section 29 Cr.P.C. Section 53 of the IPC in Chapter III deals with the kinds of punishments which can be inflicted on the offenders. The document is applicable to ships as well as aircrafts within the Indian seas or the airspace as well. Punishment for voluntarily causing Hurt as defined in section 323 is imprisonment of either description up to 1 year and a fine up to 1000 Rs, while punishment for voluntarily causing grievous hurt is imprisonment of either description up to 7 years as well as fine. The concept of punishment is a byproduct of the theory of social contract. It also examines imprisonment as a form of punishment, along with probation and community supervision, … What are the different types of offences? They are as follows: It is also well known as ‘capital punishment.’ •Reformative – to reform the offender and by giving some vocational training in art, craft or industry, enabling him to lead a good life and become a respectable citizen of society after release. Lets discuss the types of punishment broadly. Forfeiture of property5. Types of Punishment. You have entered an incorrect email address! (Section 171 E). The lowest duration of imprisonment that is awarded is twenty four hours under Section 510 of Indian Penal Code but the minimum is unlimited and the maximum imprisonment that can be awarded is fourteen years. The Rajasthan High Court has held in Brijlal v. State, that confiscation of a weapon of offence is not forfeiture of property within the meaning of … Forfeiture of property. Every offences describes the punishment also. Imprisonment is its pure and simple form is a kind of punitive reaction. Abetment of mutiny actually committed (S.132). The property so received is liable to forfeiture (Section 125 and 127). These theories are the deterrent theory, retributive theory, preventive theory, and reformative theory. Sections 109 and 110 prescribe punishment of abetment, if the act abetted is committed in consequence of abetment, whereas S. 115 and 116 provide for punishment where the offence is not committed in consequence of the abetment. © Copyright 2020 - LawBix.com, All Rights Reserved. Punishment in Indian Penal Code 1860 | Section 53 of IPC with Case laws and complete explanation The punishments to which offenders are liable under the provisions of this Code are 1) Death; According to Section 63 of the Indian Penal Code , where no sum is expressed to which a fine may extend,the amount of fine to which the offender is liable is unlimited, but shall not be excessive. Permanent privation of the sight of either eye; 3. Death Sentence is awarded in India only in some exceptional cases such as, 1)Waging or attemting to wage war (Sec 121), 2)Abetment of mutiny actually committed(Sec 132), 3)Giving, fabricating false evidence upon which an innocent person suffers death(Sec 194), 5) Punishment for murder by life convict(Sec 303), 6)Abetment of suicide of a child(Sec 305), 7)Attempt to murder by a person under sentence of imprisonment for life,if hurt is caused(Sec 307), 8)Punishment for causing death or resulting in persistent vegetative state of victim(Sec 376A), 9)Punishment for repeat offenders(Sec 376F), 10)Dacoity accompanied with murder(Sec 396). The Criminal Procedure Code classifies offenses into two categories i.e., cognizable and non-cognizable offenses, further classification has been done by the code to distinguish offenses under the Indian Penal Code based on the magnitude of the punishment as a bailable and non-bailable offense. Punishment for Kidnapping. In Indian Criminal Law, punishment is granted according to the gravity of offence while taking into consideration the mitigating factors. They are very frequently imposed in relation to property crime and the embezzlement, fraud, theft, violations of lottery and gambling laws and minor offences like loitering and disorderly conduct. Fine. An agent or manager of a person for whose benefit a riot is committed if he does not use lawful means to prevent it (Section 156).