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VARIOUS SECTIONS OF IPC IMPORTANT TO UNDERSTAND FOR PROFESSIONALS & VALUERS

VARIOUS SECTIONS OF IPC IMPORTANT TO UNDERSTAND FOR PROFESSIONALS & VALUERS

The Indian Penal Code (IPC) is the principal criminal code of India. It contains a comprehensive list of criminal offenses and the corresponding punishments. Professionals who work in law enforcement, the legal field, or any other related field should have a thorough understanding of the following sections of the IPC:

  1. Section 302: This section deals with the offense of murder, which is the most heinous crime. It prescribes the punishment of life imprisonment or the death penalty in the most severe cases.
  2. Section 376: This section deals with the offense of rape, which is a grave offense against women. It prescribes punishment in the form of imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
  3. Section 420: This section deals with the offense of cheating and dishonestly inducing delivery of property. It prescribes the punishment of imprisonment for a term which may extend to seven years, and a fine.
  4. Section 498A: This section deals with the offense of cruelty by husband or his relatives towards a married woman. It prescribes punishment in the form of imprisonment for a term which may extend to three years and a fine.
  5. Section 406: This section deals with the offense of criminal breach of trust, which is committed when a person entrusted with property dishonestly misappropriates or converts it for his own use. It prescribes the punishment of imprisonment for a term which may extend to three years and a fine.
  6. Section 354: This section deals with the offense of assault or criminal force to a woman with intent to outrage her modesty. It prescribes the punishment of imprisonment for a term which may extend to two years, or with fine, or with both.
  7. Section 506: This section deals with the offense of criminal intimidation, which is committed when a person threatens another person with injury to his person, property or reputation. It prescribes the punishment of imprisonment for a term which may extend to two years, or with fine, or with both.

These are some of the important sections of the IPC that are relevant to professionals in the legal or law enforcement field. However, there are many other sections that professionals should also be aware of, depending on their specific areas of practice.

Sections 120A to 120B     Criminal Conspiracy

Sections 121 to 130           Of offences against the state

Sections 378 to 462         Of Offences Against Property

                                                                       Of Theft (Sections 378 to 382)

                                                                       Of Extortion (Sections 383 to 389)

                                                                       Of Robbery and Dacoity (Sections 390 to 402)

                                                                       Of Criminal Misappropriation of Property (Sections 403 to 404)

                                                                       Of Criminal Breach of Trust (Sections 405 to 409)

                                                                       Of the Receiving of Stolen Property (Sections 410 to 414)

                                                                       Of Cheating (Section 415 to 420)

                                                                       Of Fraudulent Deeds and Disposition of Property (Sections 421 to 424)

                                                                       Of Mischief (Sections 425 to 440)

                                                                       Of Criminal Trespass (Sections 441 to 462)

Section 463 to 489 – E    Offences relating to Documents and Property Marks

Offences relating to Documents (Section 463 to 477-A)

Offences relating to Property and Other Marks (Sections 478 to 489)

Sections 490 to 492         Of the Criminal Breach of Contracts of Service

Sections 499 to 502         Of Defamation

Sections 503 to 510         Of Criminal intimidation, Insult and Annoyance

Section 511                          Of Attempts to Commit Offences

OFFENCES AGAINST THE STATE

Which deals with offences of this nature and includes Sections 121 to 130 are some of the most rigorous penal provisions of the entire code. This includes the offence of waging war against the state under Section 121 and the much-debated, criticised, and abused offence of Sedition under Section 124A. The offence defined under this Section has been much maligned as it was used by the British to prosecute many freedom fighters; it has also been used post-independence to silence critics of the government and continues to date which is why many experts advocate repealing the same.

SECTION 120 IN THE INDIAN PENAL CODE

  1. Concealing design to commit an offence punishable with impris­onment.—Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an of­fence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the exist­ence of a design to commit such offence, or makes any representa­tion which he knows to be false respecting such design, If the offence be committed—if the offence be not committed.—shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

SECTION 120B IN THE INDIAN PENAL CODE

120B. PUNISHMENT OF CRIMINAL CONSPIRACY.— Section 120B of the Indian Penal Code (IPC) deals with criminal conspiracy. Section 120B of the Indian Penal Code (IPC) deals with criminal conspiracy. It states that when two or more people agree to do an illegal act or an act which is not illegal by illegal means, then they are said to have committed the offence of criminal conspiracy.

“Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.”

In other words, if two or more people conspire to commit a crime that is punishable by death, life imprisonment, or rigorous imprisonment for a term of two years or more, and there is no specific provision for punishing such a conspiracy in the IPC, then they will be punished in the same way as if they had abetted the offence.

It’s important to note that under this section, it’s not necessary for the actual crime to be committed for the conspirators to be punished. The mere act of conspiring to commit a crime is considered a punishable offence in itself.

According to this section, when two or more persons agree to do or cause to be done an illegal act or an act which is not illegal by illegal means, such an agreement is considered a criminal conspiracy. The act may be either a criminal offense or an act which is not a criminal offense, but in either case, if it is done by illegal means, the parties to the conspiracy are guilty of the offense of criminal conspiracy.

The section also states that any person who is a party to a criminal conspiracy to commit an offense punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall be punished with the same punishment as is provided for the offense itself. If the offense is punishable with less than two years of imprisonment, then the punishment for criminal conspiracy shall not exceed six months’ imprisonment or a fine or both.

In summary, Section 120B of the IPC deals with the offense of criminal conspiracy, which involves two or more persons agreeing to do an illegal act or an act that is not illegal by illegal means. The punishment for this offense depends on the nature of the act agreed upon, and the punishment for the conspiracy is the same as that for the underlying offense.

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]

In India, the number 420, also known as “Char Sau Bees,” is frequently used to describe mischievous acts or someone as a conman. Is it as evidence in law as it sounds casual?

Before grasping the entire section, let’s first comprehend some of section 420 of the IPC.

WHAT IS GIVEN UNDER S. 420 IPC?

Section 415 of the IPC defines cheating. The penalty for aggravated cheating is outlined in Section 420 when the offender dishonestly persuades the victim who has been deceived to deliver any property or meddle with any valued security.

In other words, Section 420 particularly penalises more severe cases of cheating. Under Section 417, cheating is illegal regardless of whether it was done dishonestly or fraudulently. In contrast, Section 420 particularly penalises situations in which fraud is committed using deceptive inducement when the fraud’s target is real estate or valued security.

For example, “A” requests loan from “B.” A purposefully misleads B into thinking that A intends to repay whatever loan B may lend him, dishonestly persuading B to lend him loan. Considering that “A” has no intention of paying it back, “A” has cheated.

Using the same name as a wealthy banker, “A” defrauds by impersonating him. Using a persona, “A” cheats “B.”

SECTION 420 IN THE INDIAN PENAL CODE

  1. Cheating and dishonestly inducing delivery of property. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CRIMES AGAINST PROPERTY

These crimes are defined and punished under Chapter XVII and range from Section 378 which defines theft, to Section 462 which prescribes punishment for the offence of breaking upon the entrusted property. The offences that are dealt with under this chapter include, among others, theft, extortion, robbery, dacoity, cheating and forgery.

Some important sections of the Indian Penal Code (IPC) that are relevant to Engineers:

  1. Section 304A – Causing death by negligence: This section deals with cases where death is caused by the negligence of a person. Engineers can be held liable under this section if their negligence results in the death of a person.
  2. Section 337 – Causing hurt by act endangering life or personal safety of others: This section deals with cases where a person causes hurt or injury to someone else by endangering their life or safety. Engineers can be held liable under this section if their actions result in someone getting hurt or injured.
  3. Section 338 – Causing grievous hurt by act endangering life or personal safety of others: This section deals with cases where a person causes grievous hurt or serious injury to someone else by endangering their life or safety. Engineers can be held liable under this section if their actions result in someone getting seriously injured.
  4. Section 420 – Cheating and dishonestly inducing delivery of property: This section deals with cases where a person cheats or deceives someone else to induce them to deliver property. Engineers can be held liable under this section if they cheat or deceive someone to obtain property.
  5. Section 406 – Criminal breach of trust: This section deals with cases where a person is entrusted with property or assets and they dishonestly misappropriate or use them for their own benefit. Engineers can be held liable under this section if they are entrusted with property or assets and they misuse them for their own benefit.

It is important for engineers to be aware of these sections of the IPC and ensure that they conduct themselves in a lawful and ethical manner while carrying out their professional duties. Additionally, engineers may want to consult with legal experts to better understand the implications of these sections of the IPC on their professional conduct.

Valuers, or individuals who determine the value of a property or asset, may find the following sections of the Indian Penal Code (IPC) important to understand. Valuers may need to have a basic understanding of certain sections of the Indian Penal Code (IPC) which are relevant to their profession. Here are some sections that are important for valuers to understand: 

  1. Section 120B: Criminal conspiracy: This section deals with the offence of criminal conspiracy, which is committed when two or more persons agree to do an illegal act or a legal act by illegal means.
  2. Section 378 – Theft: This section deals with the offense of theft. It is important for valuers to understand this section as they may come across cases where they are required to determine the value of property that has been stolen. This section deals with the offence of theft, which is committed when a person dishonestly takes movable property out of the possession of another person.
  3. Section 379: Punishment for theft: This section provides for the punishment for the offence of theft. The punishment can range from imprisonment for up to three years, or a fine, or both.
  4. Section 384 – Extortion: This section deals with the offense of extortion. It is important for valuers to understand this section as they may come across cases where they are required to determine the value of property that has been extorted or threatened to be extorted. 
  5. Section 405: Criminal breach of trust: This section deals with the offence of criminal breach of trust, which is committed when a person who is entrusted with property dishonestly misappropriates or converts it for his own use. 
  6. Section 406 – Criminal breach of trust: This section deals with the offense of criminal breach of trust. It is important for valuers to understand this section as they may come across cases where they are required to determine the value of property that has been misappropriated or taken into possession by someone without legal authority. Punishment for criminal breach of trust: This section provides for the punishment for the offence of criminal breach of trust. The punishment can range from imprisonment for up to three years, or a fine, or both.
  7. Section 406A – Punishment for the fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree: This section deals with the offense of fraudulently removing or concealing property to prevent its seizure. It is important for valuers to understand this section as they may come across cases where they are required to determine the value of property that has been fraudulently removed or concealed.
  8. Section 415 – Cheating: This section deals with cheating and dishonestly inducing delivery of property. As a valuer, it is important to understand the legal implications of providing a false valuation report or misrepresenting the value of a property. 
  9. Section 420 – Cheating and dishonestly inducing delivery of property: This section deals with cheating and dishonestly inducing delivery of property. This section deals with the offence of cheating, which is committed when a person deceives another person and induces him to deliver property to him or to a third party. A valuer can be charged under this section if they provide a false valuation report with the intention of deceiving the client. It is important for valuers to understand this section as they may come across cases where the value of the property has been fraudulently misrepresented or manipulated.
  10. Section 420A – Cheating and dishonestly inducing delivery of property made, used or imported for the purposes of the Army, Navy or Air Force: This section deals with the offense of cheating and fraudulently inducing delivery of property that has been made, used or imported for the purposes of the Army, Navy or Air Force. It is important for valuers to understand this section as they may come across cases where they are required to determine the value of property that has been fraudulently obtained in relation to defense contracts or procurement.
  11. Section 425 – Mischief: This section deals with causing damage to property. A valuer can be held liable under this section if they cause damage to the property being valued.
  12. Section 427: Mischief causing damage to the amount of fifty rupees: This section deals with the offence of mischief, which is committed when a person causes damage to property with the intention of causing damage or with knowledge that such damage is likely to be caused. The damage caused should be to the amount of fifty rupees or more.
  13. Section 447 – Criminal trespass: This section deals with entering into someone else’s property without their permission. As a valuer, it is important to obtain the owner’s permission before entering their property for the purpose of valuation.
  14. Section 463: Forgery: This section deals with the offence of forgery, which is committed when a person makes a false document or alters an existing document with the intention to deceive.
  15. Section 471: Using as genuine a forged document: This section provides for the punishment for using a forged document as genuine. The punishment can range from imprisonment for up to seven years, or a fine, or both.
  16. Section 482 – Punishment for using a false property mark: This section deals with using a false property mark with the intention of deceiving someone. Valuers should be careful not to use any false or misleading property marks in their reports.
  17. Section 499 – Defamation: This section deals with making false statements about someone that can harm their reputation. As a valuer, it is important to ensure that the valuation report is based on accurate and reliable information to avoid any claims of defamation.

It is important for valuers to have a good understanding of these sections of the IPC to ensure that they conduct their work in a legal and ethical manner. Overall, understanding these sections of the IPC can help valuers in their work and ensure that they are able to accurately assess the value of a property or asset while taking into account any legal implications or issues that may arise. It is important to note that valuers should not engage in any activity that is illegal or unethical, and should always follow the law and professional standards while conducting their work.

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