IPC Explanation ( 34 – 52A) – Notes on IPC General Explanations

IPC Explanation ( 34 – 52A)

Indian Penal Code-General Explanation (Sec. 34 – 52A)

Indian Penal Code -Sec. 34 ( Common Intention)

Section – 35. When such an act is Criminal by the reason of its being done with a criminal knowledge or intention

Whenever there is any act which is criminal only when it is done by criminal intention or knowledge than those person shall be liable who joined by such intention or knowledge as if it is was done by himself.

Section – 36. Effect caused  partly by act and partly by omission.

 If an offence is committed partly by an act and partly by an omission the consequences will be the same as if the offence was committed by an act or by an omission alone.

Section – 37. Corporation by doing one of several acts constituting an offence.

Whenever an offence is committed by several acts then all person are liable who Corporates intentionally in commission of the offence singly or jointly.

Section – 38. Persons concerned in criminal act may be guilty of different offence 

W/e several persons jointly committed a criminal act then all person shall be guilty of difference offences (because there means rea is different)

Section – 39. voluntarily

Whenever any person causes an effect intentionally,  knowingly, reason to believe then it is called voluntarily. 

Section – 40.Offence

 Anything which is made punishable under IPC or under special law or local law

“Offence” means ‘an act or instance of offending’,  ‘commit an illegal act and illegal means’, ‘contrary to or forbidden by law’. 

Offence has to be read and understood in the context as it has been prescribed under the provisions of Sub – section 40, 41 and 42 IPC, 1860 which cover the offences punishable under IPC, 1860 or under special or local law as defined under section 2(n) of CrPC, 1973 or section 3(38) of the General Clauses Act 1897.

Section – 41.  “special laws”

Laws dealing with special subject are called special laws

Excise opium cattle trespass gambling and Railway Act etc.

Section – 42. “Local law”

Laws which are applicable to a particular locality only

Port Trust act

Section – 43. “Illegal.” “legally bound to do.”

 The word illegal consist of three ingredients

 everything which is an offence, 

 everything which is prohibited by law 

 Each thing which furnishes a ground for civil action.

“Legally bound to do”, a person is stated to be legally bound to do whatever it is illegal in him to omit.

Section – 51. “Oath”

It means statement by person and includes a solemn affirmation substituted by law, Any declaration to be required by law, to be made before a public servant used for the purpose of proof according to law (whether ear in court or otherwise)

Section – 52 “Good faith”

Anything which is done with due care and attention.

Section – 52A. “Harbour”

The word harbour includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance or the assisting a person by other manner by which he evades apprehension, except Sec. 157 & 130 in which the harbour is given by the wife or husband of the person harboured , this is called harbour.

Indian Penal Code (Sec. 34 – 52A)

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