Indian mental health act 1987 pdf

in Edition by

The Code has since been amended indian mental health act 1987 pdf times and is now supplemented by other criminal provisions. 1835 and was submitted to Governor-General of India Council in 1837.

Its basis is the law of England freed from superfluities, technicalities and local peculiarities. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860. The Code came into operation on 1 January 1862. Macaulay did not survive to see his masterpiece come into force, having died near the end of 1859. Though not an initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India.

This was so because the Code does not contain all the offences and it was possible that some offences might have still been left out of the Code, which were not intended to be exempted from penal consequences. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offences have been created in addition to the code. The Indian Penal Code of 1860, sub-divided into twenty three chapters, comprises five hundred and eleven sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences. Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals. Of Offences affecting the Human Body.

Various sections of the Indian Penal Code are controversial. They are challenged in courts claiming as against constitution of India. Also there is demand for abolition of some controversial IPC sections completely or partially. 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. Explanation – Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. 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. On December 11, 2013, Supreme Court of India over-ruled the judgment given by Delhi High court in 2009 and clarified that “Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality”.