Jammu and Kashmir State Ranbir Penal Code, 1989 (1932 A.D.)
No: 12 Dated: Mar, 23 1988
THE JAMMU AND KASHMIR STATE RANBIR PENAL CODE, 1989 (1932 A.D.)
(Act No. XII of 1989)
[Sanctioned by His Highness the Maharaja Bahadur vide Law Department Notification No. 23-L/1989 dated 6th August, 1932/23rd Sawan, 1989 and published in Government Gazette dated 8th Poh, 1989].
CHAPTER-I
Introduction
Preamble. - Whereas it is expedient to provide a General Penal Code for Jammu and Kashmir State; It is enacted as follows :-
1. Title and extent of operation of the Code. - This Act shall be called the Jammu and Kashmir State Ranbir Penal Code, and shall take effect from 1st Har, 1949 throughout the Jammu and Kashmir State.
2. Punishment of offences committed within the State. - Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within the State.
3. Punishment of offences committed beyond, but which by law may be tried within the State. - Any person liable, by any law passed x x x x x by the Legislature of the state to be tried for an offence committed beyond the limits of the State shall be dealt with according to the provisions of this Code for any act committed beyond the State in the same manner as if such act has been committed within the State.
4. Extension of Code to extra-territorial offences. - The provisions of this Code apply also to any offence committed by any permanent resident of the State in any place without and beyond the Jammu and Kashmir state.
Explanation. - In this section the word "offence" includes every act committed outside the State which, if committed in the State would be punishable under this Code.
Illustration.
A, who is a permanent resident of the State, commits a murder outside the State. He can be tried and convicted of murder in any place in the State, in which he may be found.
5. Omitted.
CHAPTER-II
General Explanations
6. Definitions in the Code to be understood subject to exceptions. - Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provisions, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions," though those exceptions are not repeated in such definition, penal provision or illustration.
Illustration
(a) The sections in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception S. 82 R.P.C. which provides that nothing shall be an offence which is done by a child under seven years of age.
(b) A, Police officer, without warrant apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement for he was bound by law to apprehend Z, and therefore the case falls within the general exception Section 76 R.P.C. which provides that "nothing is an offence which is done by a person who is bound by law to do it".
7. Sense of expression once explained. - Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.
8. Gender. - The pronoun "he" and its derivatives are used of any person, whether male or female.
9. Number. - Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.
10. Man, Woman. - The word "man" denotes a male human being of any age : the word "woman" denotes a female human being of any age.
11. Person. - The word "pension" includes any Company or Association, or body of persons, whether incorporated or not.
12. Public. - The word "public" includes any class of the public or any community.