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Report No. 152

3.5. The Indian Penal Code: General Scheme.-

As an enactment containing the general criminal law of the country, the Indian Penal Code does not omit to take notice of the need to create criminal sanctions against conduct that harms another persons through an act which ought to be punishable. It needs to be emphasised that the Code takes as much notice of intangible harm as of tangible harm. The definition in section 44 of the Code which defines the expression "injury" as covering harm to body, mind, reputation or property.

The provisions of the Code that are relevant for the present purpose fall into two categories-

(i) provisions applicable as protecting all categories of persons against specified types of harms, such provisions being expressed in language wide enough to cover persons in custody (though not confined to them), and

(ii) provisions specifically focused upon the protection of persons in custody.

Thus, most of the provisions contained in Chapter 16 of the Penal Code (offences against the human body) cover persons in custody as well as others. In contrast, section 330 of the Penal Code is specifically addressed to the causing of hurt to extort a confession (though it covers certain other acts also).

Custodial Crimes Back

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