Editing Indian Penal Code (section)

== Structure ==
The Indian Penal Code of 1860, subdivided into 23 chapters, comprises 511 sections. The code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences. The Outline is presented in the following table:<ref>{{cite book|author1=B.M.Gandhi|title=Indian Panel Code|year=2006|publisher=EBC|isbn=978-81-7012-892-2|pages=1–832|edition=2013}}</ref>

{| class="wikitable" style="margin:auto;"
|+ INDIAN PENAL CODE, 1860

''(Sections 1 to 511)''
! Chapter !!Sections covered!! Classification of offences
|-
| Chapter I ||Sections 1 to 5|| Introduction
|-
| Chapter II ||Sections 6 to 52 || General Explanations
|-
| Chapter III ||Sections 53 to 75 || Of Punishments
|-
| Chapter IV ||Sections 76 to 106 || General Exceptions
''of the Right of Private Defence'' (Sections 96 to 106)
|-
| Chapter V ||Sections 107 to 120 || Of Abetment
|-
| Chapter VA ||Sections 120A to 120B || [[Criminal Conspiracy]]
|-
| Chapter VI ||Sections 121 to 130 || Of Offences against the State
|-
| Chapter VII ||Sections 131 to 140 || Of Offences relating to the Army, Navy and Air Force
|-
| Chapter VIII ||Sections 141 to 160 || Of Offences against the Public Tranquillity
|-
| Chapter IX ||Sections 161 to 171 || Of Offences by or relating to [[Public Servant]]s 
|-
| Chapter IXA ||Sections 171A to 171I || Of Offences Relating to Elections
|-
| Chapter X ||Sections 172 to 190 || Of Contempts of Lawful Authority of Public Servants
|-
| Chapter XI ||Sections 191 to 229 || Of [[False evidence|False Evidence]] and Offences against Public Justice
|-
| Chapter XII ||Sections 230 to 263 || Of Offences relating to coin and Government Stamps
|-
| Chapter XIII ||Sections 264 to 267 || Of Offences relating to Weight and Measures
|-
| Chapter XIV ||Sections 268 to 294 || Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals.
|-
| Chapter XV ||Sections 295 to 298 || Of Offences relating to Religion
|- 
| Chapter XVI ||Sections 299 to 377 || Of Offences affecting the Human Body.
* Of Offences Affecting Life including murder, culpable [[homicide]] (Sections 299 to 311)
* Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births (Sections 312 to 318)
* Of Hurt (Sections 319 to 338)
* Of Wrongful Restraint and [[False imprisonment|Wrongful Confinement]] (Sections 339 to 348)
* Of Criminal Force and Assault (Sections 349 to 358)
* Of [[Kidnapping]], [[Kidnapping|Abduction]], Slavery and Forced Labour (Sections 359 to 374)
* Sexual Offences including rape and Sodomy (Sections 375 to 377)
|-
| Chapter XVII ||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)
|-
| Chapter XVIII || 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)
* Offences relating to Currency Notes and Bank Notes (Sections 489A to 489E)
|-
| Chapter XIX ||Sections 490 to 492 || Of the Criminal Breach of Contracts of Service
|-
| Chapter XX ||Sections 493 to 498 || Of Offences related to marriage
|-
| Chapter XXA ||Sections 498A || Of Cruelty by Husband or Relatives of Husband
|-
| Chapter XXI ||Sections 499 to 502 || Of [[Defamation]]

|-
| Chapter XXII ||Sections 503 to 510 || Of Criminal [[intimidation]], Insult and Annoyance
|-
| Chapter XXIII ||Section 511 || Of [[Attempt]]s to Commit Offences
|}

A detailed list of all IPC laws which include above is here.<ref>{{ cite web |url=https://indiacode.nic.in/bitstream/123456789/4219/1/THE-INDIAN-PENAL-CODE-1860.pdf  | title=India penal code |website=India code - a repository of state and central acts|publisher=Ministry of law and justice| access-date=23 March 2020}}</ref>

''Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.''

''Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.''<ref>{{cite book|author1=B.M.Gandhi|title=Indian Penal Code|year=2006|publisher=EBC|isbn=978-81-7012-892-2|pages=1–796}}</ref>

* [[Section 377 of the Indian Penal Code|Section 377]] The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same-sex individuals.<ref>{{Cite news|url=https://www.thehindu.com/todays-paper/Delhi-High-Court-strikes-down-Section-377-of-IPC/article16546323.ece|title=Delhi High Court strikes down Section 377 of IPC|date=2009-07-03|work=The Hindu|access-date=2018-09-24|language=en-IN|issn=0971-751X}}</ref>
* On 11 December 2013, the Supreme Court of India overruled the judgment given by the Delhi High court in 2009 and clarified that "Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality".  The Bench said: "We hold that Section 377 does not suffer from&nbsp;... unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable." It, however, said: "Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati."<ref>{{Cite news|url=https://www.thehindu.com/news/national/supreme-court-sets-aside-delhi-hc-verdict-decriminalising-gay-sex/article5446939.ece|title=Supreme Court sets aside Delhi HC verdict decriminalising gay sex|last=Venkatesan|first=J.|date=2013-12-11|work=The Hindu|access-date=2018-09-24|language=en-IN|issn=0971-751X}}</ref>
* On 8 January 2018, the Supreme Court agreed to reconsider its 2013 decision and after much deliberation agreed to decriminalise the parts of Section 377 that criminalised same-sex relations on 6 September 2018.<ref>{{cite web|url= https://timesofindia.indiatimes.com/india/sc-decriminalises-section-377-a-timeline-of-the-case/articleshow/65706514.cms |title = SC decriminalises Section 377: A timeline of the case |date = 6 September 2018|access-date = 7 September 2018| website = The Times of India}}</ref> The judgement of ''Suresh Kumar Koushal v. Naz Foundation'' was overruled.<ref>{{Cite web|url=https://www.lawji.in/2018/09/supreme-court-decision-section-377.html|title=Supreme Court's decision on Section 377: Separate decision of 5 Judges [Read Judgement]|website=www.lawji.in|access-date=2018-09-09|archive-date=9 September 2018|archive-url=https://web.archive.org/web/20180909184951/https://www.lawji.in/2018/09/supreme-court-decision-section-377.html|url-status=dead}}</ref>

===Attempt to Commit Suicide – Section 309===
The [[Section 309 of the Indian Penal Code]] deals with suicide attempts, whereby attempting to die by suicide is punishable with imprisonment of up to one year. Considering long-standing demand and recommendations of the [[Law Commission of India]], which has repeatedly endorsed the repeal of this section, the [[Government of India]] in December 2014, decided to decriminalise attempts to die by suicide by dropping Section 309 of the IPC from the statute book. In February 2015, the Legislative Department of the [[Ministry of Law and Justice (India)|Ministry of Law and Justice]] was asked by the Government to prepare a draft Amendment Bill in this regard.<ref>{{cite web|title=Attempt to Suicide|url=http://pib.nic.in/newsite/PrintRelease.aspx?relid=115721|website=Press Information Bureau|publisher=Ministry of Home Affairs, Government of India|access-date=15 August 2015}}</ref>

In an August 2015 ruling, the [[Rajasthan High Court]] made the [[Jain]] practice of undertaking voluntary death by fasting at the end of a person's life, known as [[Sallekhana|Santhara]], punishable under sections 306 and 309 of the IPC. This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the [[Supreme Court of India|Supreme Court]] against the order.<ref>{{cite news|title=Rajasthan HC says Santhara illegal, Jain saints want PM Modi to move SC|url=http://indianexpress.com/article/india/india-others/high-court-says-santhara-illegal-jain-saints-want-pm-narendra-modi-to-move-supreme-court/|access-date=15 August 2015|work=The Indian Express}}</ref><ref>{{cite news|title=Rajasthan HC bans starvation ritual 'Santhara', says fasting unto death not essential tenet of Jainism|url=http://www.ibnlive.com/news/india/rajasthan-hc-bans-starvation-ritual-santhara-says-fasting-unto-death-not-essential-tenet-of-jainism-1035893.html|access-date=15 August 2015|work=IBN Live|agency=CNN-IBN|date=10 August 2015|archive-date=12 August 2015|archive-url=https://web.archive.org/web/20150812234011/http://www.ibnlive.com/news/india/rajasthan-hc-bans-starvation-ritual-santhara-says-fasting-unto-death-not-essential-tenet-of-jainism-1035893.html|url-status=dead}}</ref> On 31 August 2015, the Supreme Court admitted the petition by Akhil Bharat Varshiya Digambar Jain Parishad and granted leave. It stayed the decision of the High Court and lifted the ban on the practice.

In 2017, the new [[Mental Healthcare Act, 2017|Mental Healthcare Act]] of India was signed. Section 115(1) of the act effectively decriminalised suicide, saying "anyone who attempts suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code."

The Bharatiya Nyaya Sanhita, officially decriminalized attempted suicide by not including an equivalent section to Section 309.<ref>{{Cite web |date=2023-08-12 |title=The ‘new IPC’ removes the punishment for attempting suicide — or does it? Here’s what the proposed Nyaya Sanhita says |url=https://indianexpress.com/article/explained/explained-law/new-ipc-removes-punishment-attempting-suicide-8889717/ |access-date=2024-07-04 |website=The Indian Express |language=en}}</ref><ref>{{Cite web |title=Decriminalising attempted suicide in India: the new penal code |url=https://cmhlp.org/imho/blog/decriminalising-attempted-suicide-in-india-the-new-penal-code/ |access-date=2024-07-04 |website=Centre for Mental Health Law & Policy |language=en-US}}</ref>

===Adultery – Section 497===
The [[Section 497 of the Indian Penal Code]] has been criticised on the one hand for allegedly treating women as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery.<ref>{{cite news|title=Wife is private property, so no trespassing|url=http://timesofindia.indiatimes.com/india/Wife-is-private-property-so-no-trespassing/articleshow/48106882.cms|access-date=15 August 2015|work=The Times of india|date=17 July 2015}}</ref><ref>{{cite news|title=Adultery law biased against men, says Supreme Court|url=http://timesofindia.indiatimes.com/india/Adultery-law-biased-against-men-says-Supreme-Court/articleshow/10964790.cms|access-date=15 August 2015|work=The Times of India|date=3 December 2011}}</ref> This section was unanimously struck down on 27 September 2018 by a five-judge bench of the Supreme Court in case of ''[https://web.archive.org/web/20190715194520/https://www.sci.gov.in/supremecourt/2017/32550/32550_2017_Judgement_27-Sep-2018.pdf Joseph Shine v. Union of India]'' as being unconstitutional and demeaning to the dignity of women. Adultery continues to be a ground for seeking divorce in a Civil Court, but is no longer a criminal offence in India.

Adultery was omitted under Bharatiya Nyaya Sanhita in 2024. However, BNS retains the essence of Section 498 from the IPC (Clause 84), which penalizes a man for enticing another man's wife to engage in intercourse with any person.<ref>{{Cite web |title=The Bharatiya Nyaya (Second) Sanhita, 2023 |url=https://prsindia.org/billtrack/the-bharatiya-nyaya-second-sanhita-2023 |access-date=2024-07-04 |website=PRS Legislative Research |language=en-US}}</ref>

=== Death penalty ===
Sections 120B (criminal conspiracy), 121 (war against the Government of India), 132 (mutiny), 194 (false evidence to procure conviction for a capital offence), 302, 303 (murder, has been declared unconstitutional in the case of Mittu Singh vs State of Punjab), 305 (abetting suicide), 364A (kidnapping for ransom), 396 (dacoity with murder), 376A (rape), 376AB (rape on woman under twelve years of age), 376DB (gang rape on woman under twelve years of age), and 376E (repeat offender) have the death penalty as a maximum allowable punishment. There is ongoing debate about abolishing capital punishment.<ref>{{cite web|url=https://blogs.wsj.com/indiarealtime/2015/09/03/the-reasons-indias-law-commission-says-the-death-penalty-should-be-scrapped/|title=The Reasons India's Law Commission Says the Death Penalty Should Be Scrapped|first=Corinne|last=Abrams|date=3 September 2015}}</ref>