ABOUT THE BOOK
The Indian Penal Code by Professor KD. Gaur is a marvelous classic work in the field of criminal law of outstanding merit, has been quoted with approval in the judgments of various courts, including the Supreme Court of India and other countries. Unlike the traditional treatise in criminal law, the unique feature of the book is that it explores the untouched arena in criminal jurisprudence dealing with nature and concept of crime and the scope of punishment under the Indian Penal Code. The latest innovations through judicial and administrative techniques of creativity have been well projected in the book wherein the judiciary has played an innovative and pivotal role in evolving new concept of criminal jurisprudence.
The author briefly outlines the fundamentals of crime and criminal law, principles of criminal liability, mens rea, vicarious and strict liability and discusses elaborately every type of punishable offences including offences relating to human body. Crime against women, bride-burning and dowry related offences, suicide, torture and sexual offences relating to rape, custodial rape, custodial violence, unnatural offences and sexual harassment at work place etc., in detail. The question of desirability of death sentence for a rapist has been critically examined and evaluated in the Indian and American context.
Capital punishment, methods of executions, the movement towards worldwide abolition of death sentence, etc., that has finally resulted in the abolition of capital punishment from the statute book of 150 countries has been elaborately discussed. The finding of the Law Commissions of India (2003) on the mode of execution indicating 51 per cent. and as high 69 per cent. of the Times of India SMS respondents’ preference for public hanging is startling. This reveals public disgust and apathy in criminal judicial system.
Right to life vis-a-vis right to die with special reference to euthanasia (mercy killing) and critical illness, world-wide trend to legalize physician assisted suicide (PAS) with adequate safeguards in case of terminally ill and to provide a provision for 'living will’ on the pattem of the Oregon Death with Dignity Act, 1994, (United States) have been discussed extensively. Right to refuse unwanted medical treatment, withdrawal of ventilators and life supporting apparatus in case of a person in vegetative state'(PVS) (NHA Trust v. Blend) and doctor's refusal to provide treatment to a patient suffering from acute myeloid leukemia-cancer (R. v. Cambridge Health Authority) are some of the fascinating topics that find place in book. A recent case of Aruna Ram Chandra Shanbaugh decided by the Supreme Court in 2011 in which the court has discussed at length of the desirability of termination of life sustaining apparatus from a person in a Persistent Vegetative State (PVS). An important feature of the book is the inclusion of important cases of Commonwealth and other countries, such as England, Northern Ireland, Australia, New Zealand, Canada, South Africa, Pakistan, Sri Lanka, Bangladesh, Malaysia, Mayanmar, Bangcock, Singapore, South Africa, United States, EEC countries and Germany etc. on related topics at the appropriate places to apprise the readers of the global trend on such important issues of significance.
Cyber crimes (added vide Information Technology Act, 2000), character assassination of a prosecutrix in cross-examination [vide proviso to section I46 Indian Evidence (Amendment) Act, 2002] and recent Amendments to the Indian Penal Code vide the Code of Criminal Procedure (Amendment) Act, 2005 that has added sections 153AA, 174A and 229 in the Indian Penal Code find place in the book. The excellent annexures comprising the rights of the accused and prisoners, justice to the victims of crime and schedule classifying the category of offences enhance the worth of the book. The utility of the book can best be seen when one is confronted with a particular problem.
The book not only gives a complete insight in the text of the statutes but also analyses the black letter with the help of epoch making judgments. The discussion throughout is clear, brief, lucid, and to the point. Critical and juristic comments have been made to stimulate the process of encouraging a healthy convention of debate on major legal issues of topical importance that may help in formulation of future policy and of laws, in correct and proper perspective. Such an approach is seldom found in Indian legal literature.
The matter has been dealt with so thoroughly and in such depth that the book is indispensable tool for the bench and bar besides the academic community, students and people in general. |
Chapterization
Chapter I - Introduction
Chapter II - General Explanations
Chapter III - Of Punishments
Chapter IV- General Exceptions
Chapter V- Of Abetment
Chapter VA- Criminal Conspiracy
Chapter VI- Of Offences Against the State
Chapter VII- Of Offences Relating to the Army, Navy and Air Force
Chapter VIII- Of Offences Against the Public Tranquillity
Chapter IX- Of Offences by Or Relating to Public Servants
Chapter IXA- Of Offences Relating to Elections
Chapter X- Of Contempts of the Lawful Authority of Public Servants
Chapter XI- Of False Evidence and Offences Against Public Justice
Chapter XII- Of Offences Relating to Coin and Goverment Stamps
Chapter XIII- Of offences Relating to welghts and Measures
Chapter XIV- Of Offences Affecting the Public Health, Safety,
Convenience, Decency and Morals
Chapter XV- Of Offences Relating to Religion
Chapter XVI- Of Offences Affecting the Human Body
Chapter XVII-Of Offences Against Property
Chapter XVIII-Of Offences Relating to Documents and property Marks
Chapter XIX- Of the Criminal Breach of Contracts of Service
Chapter XX- Of Offences Relating to Marriage
Chapter XXA- Of Cruelty By Husband Or Relatives Of Husband
Chapter XXI- Of Defamation
Chapter XXII- Of Criminal Intimidation, Insult and Annoyance
Chapter XXIII-Of Attempts To Commit Offences |
