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8. Are there any similar provisions in the Indian constitution and the Indian penal code
Constitution is primarily the state's obligations for the people. The penal code is the people's
obligations for the state.
Examples:
The State shall not make any law which takes away or abridges the
rights conferred by this Part
The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India.
-- Article 14 of the Constitution
Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished
with imprisonment of either description for a term which shall not be less than seven years
-- IPC 376
Whoever unlawfully compels any person to labour against the will of that person, shall be
punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
-- IPC 374
Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) are not part of the
Constiution. They are separate statutes altogether. They were enacted much before the
Constitution came into force.
The Indian Constitution deals with the general framework of Indian Polity while IPC is
substantial law dealing with Crimes in India and CrPC is a prodecedural law dealing with
Criminal Procedure in India.
No, IPC is not part of Constitution of India but a separate law, which
adheres to the principles to Constiution.
Moreover, Legal System in India is categoriese into 2 parts,
1. Public Law
2. Private Law
Public laws are those laws, through which state i.e. a country itself is governed,
Private laws are those law, through which state governs or regulates the consuct of its
members
Therefore Constitution is the Supreme law and IPC is just another law, in
Gambit of Laws.
In constitution there is freedom of speech but under penal code speech hurting
sentiments is an offense.
Cases where two law overlap each other and in such situation rule of harmonious
construction is applied. As per this principle it is tried now law over ride another and the
main motive of both law is prevailed.
Another example if a law states punishment of six months for a certain ofference where
as other states two years. In such cases court can implode higher punishment.