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Questions tagged [indian-penal-code]

Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law.

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Is sodomy or fellatio illegal in India?

This article suggests that any penetration by a male other than vaginal is proscribed as against the order of nature. Is that right in 2023? This suggests no.
TylerDurden's user avatar
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Would keeping someone at home under fear of violence be abduction under Indian Penal Code section 364A?

IPC 364A states Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives ...
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Would gagging fall within the scope of Indian Penal Code (IPC) section 375?

List item IPC section 375 states A man is said to commit "rape" if he-- (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so ...
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Is physical contact without motion to the person not covered under Indian penal code 349 ? (plain reading)

From a plain meaning perspective would it be considered covered? Section 349 Indian Penal Code (IPC) states the following A person is said to use force to another if he causes motion, change of ...
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how is familial rape treated in Indian law?

Section 376, Indian Penal Code (IPC) states the punishment for rape commited by a.. ...relative, guardian or a person in position of trust and authority shall be rigiourous imprisonmment for minimum ...
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How "risky" it is if I lose my passport? Will police investigate how I lost it?

I have some stamps on my passport that are not really good, and I don't want any of my family members to see it. Now, if I lose my passport somehow, and apply for a new passport, would I get a clean ...
10101010's user avatar
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can unprotected sexual activity be considered attempt to murder in this section of IPC?

IPC 307 states Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be ...
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what does "force" and "criminal force" apply to in Indian Penal Code?

how is "force" interpreted in section 349 Indian Penal Code? Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or ...
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Rights of remand prisoner in India to visit ailing sick mother [closed]

A remand prisoner in India having criminal cases in multiple states. In remand for over 8 years. The prisoner's mother is very sick with various health issues and wanted to spend few days with mother ...
Raja Rani's user avatar
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What parts of the Code of Criminal Procedure deal with appeal from a sentence?

I've been browsing through the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPc) and there doesn't seem to be any provision for appeals from sentencing (reduction) there seems to be ...
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could compelling someone to have sex with them with the threat of other harm be considered rape?

IPC section 375 states this A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any ...
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What is the scope of Indian Penal Code section 354?

The Indian Penal Code (IPC) section 354 criminalises criminal force or assault with the intent to outrage a woman's modesty. What does this cover? Is this broad? And does it apply equally in all ...
rahulgupta's user avatar
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Is section 13 of the POCSO act read together with section 67-B of IT act 2000?

so the two acts have related provisions in regards to CP offences. Section 13 of the POCSO act states that Whoever, uses a child in any form of media (including programme or advertisement telecast by ...
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What does the term "falls under two or more seperate definitions of an offence" mean in IPC section 71?

Indian Penal Code section 71 states Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or ...
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The Prevention of Corruption Act in India

The section 7A of the Prevention of Corruption Act in India states: Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. Whoever ...
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How is sexual intent proven or disproven in Indian criminal law?

The Indian Penal Code states that physical contact and advances involving unwelcome and explicit sexual overtures is guilty of sexual harassment. Pikewise, POCSO act sections 7 and 11 state Whoever,...
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how is "force" in Indian law interpreted based on section 349 of the Indian penal code?

Indian penal code defines "force" as A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance ...
IndianLawApplicant's user avatar
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what does the term "makes her to do so with him or any other person" mean in IPC section 375 and in what contexts is it used?

IPC 375 relates to rape, and says A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or ...
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Does Indian criminal law have provisions for post-conviction release from sentences?

I am researching the Indian penal system and it appears that the only provisions for this are Criminal Procedure Code (CrPC) Sections 360, 432, and 433. However, neither of these seem to apply to ...
LawResearching's user avatar
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In India, consent based on a misunderstanding of the facts is not considered valid (S. 90 of the Penal Code). How widely can this rule be applied?

Section 90 of the Indian Penal Code says: Consent known to be given under fear or misconception. A consent is not such a consent as is intended by any section of this Code, if the consent is given by ...
newaccount152u1t616's user avatar
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Are there any exceptions to ipc article 7 ? (Indian law)

Do words that have been explained in one part of the act have to neccesary be assigned the same meaning in another act ?
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Are second level cousins considered "Sapindas" in India's Hindu Marriage Act?

Are second level cousins considered Sapindas in India's Hindu Marriage Act? Please refer the following screenshot in which the highlighted SINDHUJA [Y] (Red in color) and RAJ [M1] (White in color) may ...
B.Balamanigandan's user avatar
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1 answer
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Is it non constitutional to remove identity based laws from the Indian constitution?

In the beginning pre-amble of Indian constitution it is written that it is a secular country. However this secular is not used in the sense of the Western secularism but that of Nehru's. The idea, as ...
tryst with freedom's user avatar
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What is the basic structure of Indian Law?

Recently, I read the constitution of India and it was great. However, I'm unable to understand how Acts are made, what current classifications are. I find quite some overlap in laws, patchwork, ...
sagar_acharya's user avatar
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1 answer
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How are Indian laws classified and how many types of law are there?

As a common man, with a limited to no knowledge about the Indian legal system... How are Indian laws classified? (Covering every law in India.) If I were to search and know about a law in India, ...
Neyo's user avatar
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What exactly is Contempt of Court Acts in 1971, in Indian law?

Recently some people are trying sue people who criticized Indian SC. Plea seeks contempt of court proceedings against three for criticising SC's comments Read more here I thought one could easily ...
Profile name's user avatar
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1 answer
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As IPC 497 is struck down - can any married person now file a divorce based on the fundamental 'right to choose'?

Supreme Court of India has struck down IPC section 497: A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates women’s right to equality and treats them like the ...
CADENTIC's user avatar
3 votes
1 answer
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Is justifying communal violence not illegal?

India, unfortunately, has a history of communal violences mostly between two largest religious communities. Violence due to separatism, casteism, terrorism etc also have similar histories. There are ...
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is it necessary for India to have a war crimes act to prosecute war criminals in India too?

Many EU nations have a war crimes act in their countries to prosecute e g. Germany and the UK. war crime act 1991 war crime act in india Section 120A and 120B of IPC,1860 says that when two or more ...
CADENTIC's user avatar
2 votes
1 answer
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How does a court infer marriage in India?

Since in India marriages are not legal contracts, how does a court infer marriage in India? As living together is legal in India without marriage, having a biological child cannot be the proof of ...
Profile name's user avatar
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Section 112 in The Indian Evidence Act, 1872 still valid and enforceable, in the face of DNA testing telling that the child is illegitimate?

Here is Section 112 in The Indian Evidence Act, 1872. Central Government Act Section 112 in The Indian Evidence Act, 1872 112. Birth during marriage, conclusive proof of legitimacy.—The fact that any ...
Profile name's user avatar
1 vote
2 answers
280 views

A beggar forced me to give money

Backstory: A beggar beat (very hard) the gate of my room (a rental room in a residential building). I opened the gate and refused to give money. When I tried to close the door they forcefully entered ...
ShivCK's user avatar
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What legal remedy available for Proprietor firm an accused to deal with138 of NI act Dishonor of cheque

A proprietor firm "ABC Traders" continuously do's the business with a Private Limited Company. The "ABC Traders" gets credit upto 70 Lakh from the said Private Limited Company. ...
B.Balamanigandan's user avatar
2 votes
1 answer
113 views

Jurisdiction of file a complaint of a party who fraudulantly denies the contract

The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
B.Balamanigandan's user avatar
1 vote
1 answer
173 views

If a witness claims his signature was taken on blank paper and then statements were written would that become null and void?

This is in relation to the Aryan Khan's Case in which one of the witness claims his signature was taken on a blank paper and he was not aware of what was going to be written on it. He signed it ...
Stupid_Intern's user avatar
1 vote
1 answer
52 views

Is there a law in India that determines the punishment on the basis of quantity of narcotic drugs possessed by a person?

Suppose a person was found with 1kg of a narcotic drugs and another person with say 1000kgs does the punishment for the crime differ for both the people accused?
Anonymous's user avatar
2 votes
1 answer
184 views

Noise complaint to neighbouring shop

How do I approach to neighboring shop which does carpentry work throughout the day? The local area is in Gujarat and it's not a housing society. It's a kinda lane where many of the local shops are ...
Vikalp Patel's user avatar
3 votes
1 answer
84 views

Is keeping weed/ganja for one time usage (for one person) a crime in India?

Is it illegal to possess an amount equal to a one-time usage for one person? Is there any specific law for this?
AConsumer's user avatar
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1 answer
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Remedy for employee regarding Provident Fund

What are the possible charges an employee can take against an employer regarding Provident Fund - An employee works in a company for a short duration i.e., less than a year. Employee who was able to ...
Venkatesh J's user avatar
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0 answers
66 views

Consequences of violation of employment contract in India

What legal action can an employer take against the employee who used the company laptop to work on a freelancing project? Duration maybe max of 10 days. Possibility of allegation from employer is for ...
Venkatesh J's user avatar
0 votes
1 answer
91 views

Can Indian Company file a Civil Suit against a Foreigner

A common foreign client is simultaneously in discussion with Company A and Company B in India. The so called client states that Company B product is a copy of Company A's product during the demo ...
Venkatesh J's user avatar
5 votes
1 answer
653 views

Is marriage rejection on the basis of caste a criminal offence?

I am a Brahmin and my girlfriend is Schedule caste, and my parents are denying our marriage because of caste. Will it be considered a criminal offence under Indian caste discrimination law, if any?
RC0993's user avatar
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-4 votes
3 answers
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If someone does not downvote defamatory post does that mean they endorse it?

If someone does not downvote defamatory posts on Stackexchange are they liable for defamation under Indian Penal code? I am refering to section 499 and section 500.
savegoodlyfnotendorsanswerhere's user avatar
2 votes
2 answers
294 views

What's the minimum age of consent for sexual matters in India

I'm confused about the age of consent for sexual relations. Is it 18 or 16? IPC (1860) has various sections like 375 which criminalises sex with girl under 18years of age even with her consent. But ...
ShivCK's user avatar
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1 vote
1 answer
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Is online lottery legal in India?

Is a person from Noida, Uttar Pradesh, India allowed to play an online lottery? I know playing the lottery is banned in Uttar Pradesh, India, but what about playing the online lottery of other states ...
paul's user avatar
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0 votes
1 answer
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Is there any specific IPC section for torture/torture before crime

This question is specifically related to the Indian Constitution So, I have been wondering if a criminal tortures the victim before committing a crime like rape or murder. Would it include additional ...
Raj Gupta's user avatar
1 vote
1 answer
87 views

Violating Non-Compete Agreement with my Employer

I'm currently employed in a startup in India. I have been working here for 1 year, and have signed non-compete agreement (electronically or digitally). Recently a person contacted me in Linkedin ...
All is Well's user avatar
-1 votes
1 answer
93 views

What if someone accuses another person of killing him in his last statement before death

Suppose, Person X has some minor feud with person A. If X sets himself on fire and accuses A of killing him (last statement before legal authorities) and later dies. Will last statement of deceased ...
ShivCK's user avatar
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1 vote
3 answers
153 views

Do I have to break quarantine to return a leased router during a COVID-19 lockdown?

Before Covid, I was working in Chennai, India. I had a broadband internet connection and used a router provided by my ISP. Due to the lockdown, I had to move to my parents home in West Bengal, India (~...
Anish Sharma's user avatar
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1 answer
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Is statement of objectives of a bill considered part of the law?

I want know if the law is just the clauses and sections of the constitution or does it also expand to the statement of objectives of a bill as well. I am asking this with regard to the recent unrest ...
Alwin Aind's user avatar