The Indian Penal Code
1. Title and extent of operation of the Code.—This Act shall be called the Indian Penal Code, and shall 1 [extend to the whole of India 2 [except the State of Jammu and Kashmir].]
2. Punishment of offences
committed within India.—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 3 [India] 4 [***].
3. Punishment of offences
committed beyond, but which by law may be tried within, India.—Any person
liable, by any 5 [Indian law] to be tried for an offence
committed beyond [India] shall be dealt with according to the provisions of
this Code for any act committed beyond [India] in the same manner as if such
act had been committed within 6 [India].
7 [ 4 Extension of Code to
extra-territorial offences. —The provisions of this Code apply also to any
offence committed by—
8 [(1) any citizen of
India in any place without and beyond India;
(2) any person on any ship
or aircraft registered in India wherever it may be;]
9 [(3) any person in any
place without and beyond India committing offence targeting a computer resource
located in India .] 10 [ Explanation .—In this section—
(a) the word “offence”
includes every act committed outside India which, if committed in India, would
be punishable under this Code;
(b) the expression “computer
resource” shall have the meaning assigned to it in clause (k) of sub-section
(1) of section 2 of the Information Technology Act, 2000.]
11 [Illustration] 12 [***]
A, 13 [who is 14 [a citizen of India
] ], commits a murder in Uganda. He can be tried and convicted of murder in any
place in 15 [ India ] in which he may be found. 16 [***]
17 [5. Certain laws not
to be affected by this Act.—Nothing in this Act shall affect the provisions of
any Act for punishing mutiny and desertion of officers, soldiers, sailors or
airmen in the service of the Government of India or the provisions of any
special or local law.]
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 provision, 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.
Illustrations
(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 which provides that nothing shall
be an offence which is done by a child under seven years of age.
(b) A, 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 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
“person” 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.
13. “Queen”.—[Rep. by the
A.O. 1950.]
18 [14. “Servant of
Government”.—The words “servant of Government” denote any officer or servant
continued, appointed or employed in India by or under the authority of
Government.]
15. “British India”.—[Rep.
by the A.O. 1937.]
16. “Government of
India”.—[Rep. by the A.O. 1937.]
19 [17. “Government”.—The
word “Government” denotes the Central Government or the Government of a 20 [***]
State.]
[18. “India”.—“India” means
the territory of India excluding the State of Jammu and Kashmir.]
19. “Judge”.—The word
“Judge” denotes not only every person who is officially designated as a Judge,
but also every person,— who is empowered by law to give, in any legal
proceeding, civil or criminal, a definitive judgment, or a judgment which, if
not appealed against, would be definitive, or a judgment which, if confirmed by
some other authority, would be definitive, or who is one of a body of persons,
which body of persons is empowered by law to give such a judgment.
Illustrations
(a) A Collector exercising
jurisdiction in a suit under Act 10 of 1859, is a Judge.
(b) A Magistrate exercising
jurisdiction in respect of a charge on which he has power to sentence to fine
or imprisonment, with or without appeal, is a Judge.
(c) A member of a panchayat
which has power, under 21 Regulation VII, 1816, of the
Madras Code, to try and determine suits, is a Judge.
(d) A Magistrate exercising
jurisdiction in respect of a charge on which he has power only to commit for
trial to another Court, is not a Judge.
20. “Court of Justice”.—The
words “Court of Justice” denote a Judge who is empowered by law to act
judicially alone, or a body of Judges which is empowered by law to act
judicially as a body, when such Judge or body of Judges is acting judicially.
Illustration A panchayat acting under 22 Regulation VII,
1816, of the Madras Code, having power to try and determine suits, is a Court
of Justice.
21. “Public servant”.—The
words “public servant” denote a person falling under any of the descriptions
hereinafter following; namely:— 23 [***]
(Second) —Every Commissioned
Officer in the Military, 24 [Naval or Air] Forces 25 [ 26 [***]
of India];
27 [(Third) —Every Judge
including any person empowered by law to discharge, whether by himself or as a
member of any body of persons, any adjudicatory functions;]
(Fourth) — Every officer of
a Court of Justice 28 [(including a liquidator, receiver
or commissioner)] whose duty it is, as such officer, to investigate or report
on any matter of law or fact, or to make, authenticate, or keep any document,
or to take charge or dispose of any property, or to execute any judicial
process, or to administer any oath, or to interpret, or to preserve order in
the Court, and every person specially authorized by a Court of Justice to
perform any of such duties;
(Fifth) — Every juryman,
assessor, or member of a panchayat assisting a Court of Justice or public
servant;
(Sixth) — Every arbitrator
or other person to whom any cause or matter has been referred for decision or
report by any Court of Justice, or by any other competent public authority;
(Seventh) —Every person who
holds any office by virtue of which he is empowered to place or keep any person
in confinement;
(Eighth) — Every officer of 29 [the
Government] whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the
public health, safety or convenience;
(Ninth) — Every officer
whose duty it is, as such officer, to take, receive, keep or expend any
property on behalf of 29 [the Government], or to make any
survey, assessment or contract on behalf of 29 [the
Government], or to execute any revenue process, or to investigate, or to
report, on any matter affecting the pecuniary interests of 29 [the
Government], or to make, authenticate or keep any document relating to the
pecuniary interests of 29 [the Government], or to prevent
the infraction of any law for the protection of the pecuniary interests of 29 [the
Government] 30 [***];
(Tenth) — Every officer
whose duty it is, as such officer, to take, receive, keep or expend any
property, to make any survey or assessment or to levy any rate or tax for any
secular common purpose of any village, town or district, or to make, authenticate
or keep any document for the ascertaining of the rights of the people of any
village, town or district;
31 [(Eleventh) —Every
person who holds any office in virtue of which he is empowered to prepare,
publish, maintain or revise an electoral roll or to conduct an election or
part of an election;]
32 [(Twelfth) —Every
person—
(a) in the service or pay of
the Government or remunerated by fees or commission for the performance of any
public duty by the Government;
(b) in the service or pay of
a local authority, a corporation established by or under a Central, Provincial
or State Act or a Government company as defined in section 617 of the Companies
Act, 1956 (1 of 1956).] Illustration A Municipal Commissioner is a public
servant. Explanation 1.—Persons falling under any of the above descriptions
are public servants, whether appointed by the Government or not. Explanation
2.—Wherever the words “public servant” occur, they shall be understood of every
person who is in actual possession of the situation of a public servant,
whatever legal defect there may be in his right to hold that situation. 33 [Explanation
3.—The word “election” denotes an election for the purpose of selecting members
of any legislative, municipal or other public authority, of whatever character,
the method of selection to which is by, or under, any law prescribed as by
election.] 34 [***] STATE AMENDMENT
(Rajasthan) —In section 21,
after clause twelfth, the following new clause shall be added, namely:—
“Thirteenth.—Every person employed or engaged by any public body in the conduct
and supervision of any examination recognised or approved under any law.
Explanation.—The expression ‘Public Body’ includes—
(a) a University, Board of
Education or other body, either established by or under a Central or State Act
or under the provisions of the Constitution of India or constituted by the
Government; and
(b) a local authority.”
[Vide Rajasthan Act, 4 of 1993, sec. 2 (w.e.f. 11-2-1993)].
22. “Movable property”.—The
words “movable property” are intended to include corporeal property of every
description, except land and things attached to the earth or permanently
fastened to anything which is attached to the earth.
23. “Wrongful gain”.—“Wrongful
gain” is gain by unlawful means of property to which the person gaining is not
legally entitled. “Wrongful loss”.—“Wrongful loss” is the loss by unlawful
means of property to which the person losing it is legally entitled. Gaining
wrongfully, losing wrongfully.—A person is said to gain wrongfully when such
person retains wrongfully, as well as when such person acquires wrongfully. A
person is said to lose wrongfully when such person is wrongfully kept out of
any property, as well as when such person is wrongfully deprived of property.
24. “Dishonestly”.—Whoever
does anything with the intention of causing wrongful gain to one person or
wrongful loss to another person, is said to do that thing “dishonestly”.
25. “Fraudulently”.—A person
is said to do a thing fraudulently if he does that thing with intent to defraud
but not otherwise.
26. “Reason to believe”.—A
person is said to have “reason to believe” a thing, if he has sufficient cause
to believe that thing but not otherwise.
27. Property in possession
of wife, clerk or servant.—When property is in the possession of a person’s
wife, clerk or servant, on account of that person, it is in that person’s
possession within the meaning of this Code. Explanation.—A person employed
temporarily or on a particular occasion in the capacity of a clerk or servant,
is a clerk or servant within the meaning of this section.
28. “Counterfeit”.—A person
is said to “counterfeit” who causes one thing to resemble another thing,
intending by means of that resemblance to practise deception, or knowing it to
be likely that deception will thereby be practised. 35 [Explanation
1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—When a person causes one thing to resemble another thing, and
the resemblance is such that a person might be deceived thereby, it shall be
presumed, until the contrary is proved, that the person so causing the one
thing to resemble the other thing intended by means of that resemblance to
practise deception or knew it to be likely that deception would thereby be
practised.]
29. “Document”.—The word
“document” denotes any matter expressed or described upon any substance by
means of letters, figures, or marks, or by more than one of those means,
intended to be used, or which may be used, as evidence of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the
letters, figures or marks are formed, or whether the evidence is intended for,
or may be used in, a Court of Justice, or not. Illustrations A writing
expressing the terms of a contract, which may be used as evidence of the
contract, is a document. A cheque upon a banker is a document. A
power-of-attorney is a document. A map or plan which is intended to be used or
which may be used as evidence, is a document. A writing containing directions
or instructions is a document. Explanation 2.—Whatever is expressed by means of
letters, figures or marks as explained by mercantile or other usage, shall be
deemed to be expressed by such letters, figures or marks within the meaning of
this section, although the same may not be actually expressed. Illustration A
writes his name on the back of a bill of exchange payable to his order. The
meaning of the endorsement, as explained by mercantile usage, is that the bill
is to be paid to the holder. The endorsement is a document, and must be
construed in the same manner as if the words “pay to the holder” or words to
that effect had been written over the signature.
36 [29A. “Electronic
record”.—The words “electronic record” shall have the meaning assigned to them
in clause (t) of sub-section
(1) of section 2 of the
Information Technology Act, 2000.]
30. “Valuable security”.—The
words “valuable security” denote a document which is, or purports to be, a
document whereby any legal right is created, extended, transferred, restricted,
extinguished or released, or where by any person acknowledges that he lies
under legal liability, or has not a certain legal right. Illustration A writes
his name on the back of a bill of exchange. As the effect of this endorsement
is transfer the right to the bill to any person who may become the lawful
holder of it, the endorsement is a “valuable security”.
31. “A will”.—The words “a
will” denote any testamentary document.
32. Words referring to acts
include illegal omissions.—In every part of this Code, except where a contrary
intention appears from the context, words which refer to acts done extend also
to illegal omissions.
33. “Act”, “Omission”.—The
word “act” denotes as well a series of acts as a single act: the word
“omission” denotes as well a series of omissions as a single omission.
37 [34. Acts done by
several persons in furtherance of common intention.—When a criminal act is done
by several persons in furtherance of the common intention of all, each of such
persons is liable for that act in the same manner as if it were done by him
alone.]
35. When such an act is
criminal by reason of its being done with a criminal knowledge or
intention.—Whenever an act, which is criminal only by reason of its being done
with a criminal knowledge or intention, is done by several persons, each of
such persons who joins in the act with such knowledge or intention is liable
for the act in the same manner as if the act were done by him alone with that
knowledge or intention.
36. Effect caused partly by
act and partly by omission.—Wherever the causing of a certain effect, or an
attempt to cause that effect, by an act or by an omission, is an offence, it is
to be understood that the causing of that effect partly by an act and partly by
an omission is the same offence. Illustration A intentionally causes Z’s death,
partly by illegally omitting to give Z food, and partly by beating Z. A has
committed murder.
37. Co-operation by doing
one of several acts constituting an offence.—When an offence is committed by
means of several acts, whoever intentionally co-operates in the commission of
that offence by doing any one of those acts, either singly or jointly with any
other person, commits that offence. Illustrations
(a) A and B agree to murder
Z by severally and at different times giving him small doses of poison. A and B
administer the poison according to the agreement with intent to murder Z. Z
dies from the effects of the several doses of poison so administered to him.
Here A and B intentionally co-operate in the commission of murder and as each
of them does an act by which the death is caused, they are both guilty of the
offence though their acts are separate.
(b) A and B are joint
jailors, and as such have the charge of Z, a prisoner, alternatively for six
hours at a time. A and B, intending to cause Z’s death, knowingly co-operate
in causing that effect by illegally omitting, each during the time of his
attendance, to furnish Z with food supplied to them for that purpose, Z dies
of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has the
charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to
supply Z with food; in consequence of which Z is much reduced in strength, but
the starvation is not sufficient to cause his death. A is dismissed from his
office, and B succeeds him. B, without collusion or co-operation with A,
illegally omits to supply Z with food, knowing that he is likely thereby to
cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not
co-operate with B. A is guilty only of an attempt to commit murder.
38. Persons concerned in
criminal act may be guilty of different offences.—Where several persons are
engaged or concerned in the commission of a criminal act, they may be guilty of
different offences by means of that act. Illustration A attacks Z under such
circumstances of grave provocation that his killing of Z would be only culpable
homicide not amounting to murder. B, having ill-will towards Z and intending to
kill him, and not having been subject to the provocation, assists A in killing
Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of
murder, and A is guilty only of culpable homicide.
39. “Voluntarily”.—A person
is said to cause an effect “voluntarily” when he causes it by means whereby he
intended to cause it, or by means which, at the time of employing those means,
he knew or had reason to believe to be likely to cause it. Illustration A sets
fire, by night, to an inhabited house in a large town, for the purpose of
facilitating a robbery and thus causes the death of a person. Here, A may not
have intended to cause death; and may even be sorry that death has been caused
by his act; yet, if he knew that he was likely to cause death, he has caused
death voluntarily.
38 [ 40 “Offence”. —Except in
the 39 [Chapters] and sections mentioned in clauses 2 and
3 of this section, the word “offence” denotes a thing made punishable by this
Code. In Chapter IV, 40 [Chapter VA] and in the following
sections, namely, sections 41 [64, 65, 66, 42 [67],
71], 109, 110, 112, 114, 115, 116, 117, 43 [118, 119,
120,] 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328,
329, 330, 331, 347, 348, 388, 389 and 445, the word “offence” denotes a thing
punishable under this Code, or under any special or local law as hereinafter
defined. And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word
“offence” has the same meaning when the thing punishable under the special or
local law is punishable under such law with imprisonment for a term of six
months or upwards, whether with or without fine.]
41. “Special law”.—A
“special law” is a law applicable to a particular subject.
42. “Local law”.—A “local
law” is a law applicable only to a particular part of 44 [ 45 [***] 46 [India]].
43. “Illegal”, “Legally
bound to do”.—The word “illegal” is applicable to everything which is an
offence or which is prohibited by law, or which furnishes ground for a civil
action; and a person is said to be “legally bound to do” whatever it is illegal
in him to omit.
44. “Injury”.—The word
“injury” denotes any harm whatever illegally caused to any person, in body,
mind, reputation or property.
45. “Life”.—The word “life”
denotes the life of a human being, unless the contrary appears from the
context.
46. “Death”.—The word
“death” denotes the death of a human being, unless the contrary appears from
the context.
47. “Animal”.—The word
“animal” denotes any living creature, other than a human being.
48. “Vessel”.—The word
“vessel” denotes anything made for the conveyance by water of human beings or
of property.
49. “Year”,
“Month”.—Wherever the word “year” or the word “month” is used, it is to be
understood that the year or the month is to be reckoned according to the
British calendar.
50. “Section”.—The word
“section” denotes one of those portions of a Chapter of this Code which are
distinguished by prefixed numeral figures.
51. “Oath”.—The word “oath”
includes a solemn affirmation substituted by law for an oath, and any
declaration required or authorized by law to be made before a public servant or
to be used for the purpose of proof, whether in a Court of Justice or not.
52. “Good faith”.—Nothing is
said to be done or believed in “good faith” which is done or believed without
due care and attention.
47 [52A. “Harbour”.—Except
in section 157, and in section 130 in the case in which the harbour is given by
the wife or husband of the person harboured, the word “harbour” includes the
supplying a person with shelter, food, drink, money, clothes, arms, ammunition
or means or conveyance, or the assisting a person by any means, whether of the
same kind as those enumerated in this section or not, to evade apprehension.]
53. Punishments.—The
punishments to which offenders are liable under the provisions of this Code
are—
(First) — Death;
1[Secondly.—Imprisonment for life;] 2[***]
(Fourthly) —Imprisonment,
which is of two descriptions, namely:—
(1) Rigorous, that is, with
hard labour;
(2) Simple;
(Fifthly) —Forfeiture of
property;
(Sixthly) —Fine.
1[53A. Construction of
reference to transportation.—
(1) Subject to the
provisions of sub-section (2) and sub-section (3), any reference to
“transportation for life” in any other law for the time being in force or in
any instrument or order having effect by virtue of any such law or of any
enactment repealed shall be construed as a reference to “imprisonment for
life”.
(2) In every case in which a
sentence of transportation for a term has been passed before the commencement
of the Code of Criminal Procedure (Amendment) Act, 2[1955] (26 of 1955), the
offender shall be dealt with in the same manner as if sentenced to rigorous
imprisonment for the same term.
(3) Any reference to
transportation for a term or to transportation for any shorter term (by
whatever name called) in any other law for the time being in force shall be
deemed to have been omitted.
(4) Any reference to
“transportation” in any other law for the time being in force shall,—
(a) if the expression means
transportation for life, be construed as a reference to imprisonment for life;
(b) if the expression means
transportation for any shorter term, be deemed to have been omitted.]
54. Commutation of sentence
of death.—In every case in which sentence of death shall have been passed,
1[the appropriate Government] may, without the consent of the offender, commute
the punishment for any other punishment provided by this Code.
55. Commutation of sentence
of imprisonment for life.—In every case in which sentence of 1[imprisonment]
for life shall have been passed, 2[the appropriate Government] may, without the
consent of the offender, commute the punishment for imprisonment of either
description for a term not exceeding fourteen years.
1[55A. Definition of
“appropriate Government”.—In sections 54 and 55 the expression “appropriate
Government” means,—
(a) in cases where the
sentence is a sentence of death or is for an offence against any law relating
to a matter to which the executive power of the Union extends, the Central
Government; and
(b) in cases where the
sentence (whether of death or not) is for an offence against any law relating
to a matter to which the executive power of the State extends, the Government
of the State within which the offender is sentenced.]
56. Sentence of Europeans
and Americans to penal servitude. Proviso as to sentence for term exceeding ten
years but not for life.—[Rep. by the Criminal Law (Removal of Racial Discriminations)
Act, 1949 (17 of 1949) (w.e.f. 6-4-1949).]
57. Fractions of terms of
punishment.—In calculating fractions of terms of punishment, 56 [imprisonment]
for life shall be reckoned as equivalent to 56 [imprisonment]
for twenty years.
58. Offenders sentenced to
transportation how dealt with until transported.—[Rep. by the Code of Criminal
Procedure (Amendment) Act, 1955 (26 of 1955), sec. 117 and Sch. (w.e.f.
1-1-1956).]
59. Transportation instead
of imprisonment.—[Rep. by the Code of Criminal Procedure (Amendment) Act, 1955
(26 of 1955), sec. 117 and Sch. (w.e.f. 1-1-1956).]
60. Sentence may be (in
certain cases of imprisonment) wholly or partly rigorous or simple.—In every
case in which an offender is punishable with imprisonment which may be of
either description, it shall be competent to the Court which sentences such
offender to direct in the sentence that such imprisonment shall be wholly
rigorous, or that such imprisonment shall be wholly simple, or that any part of
such imprisonment shall be rigorous and the rest simple.
61. Sentence of forfeiture
of property.—[Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921),
sec. 4.]
62 Forfeiture of property in
respect of offenders punishable with death, transportation or imprisonment. —
[Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921) sec. 4.]
63. Amount of fine.—Where no
sum is expressed to which a fine may extend, the amount of fine to which the
offender is liable is unlimited, but shall not be excessive.
64. Sentence of imprisonment
for non-payment of fine.—1[In every case, of an offence punishable with
imprisonment as well as fine, in which the offender is sentenced to a fine,
whether with or without imprisonment, and in every case of an offence
punishable 2[with imprisonment or fine, or] with fine only, in which the
offender is sentenced to a fine,] it shall be competent to the Court which
sentences such offender to direct by the sentence that, in default of payment
of the fine, the offender shall suffer imprisonment for a certain term, in
which imprisonment shall be in excess of any other imprisonment to which he may
have been sentenced or to which he may be liable under a commutation of a
sentence.
65. Limit to imprisonment
for non-payment of fine, when imprisonment and fine awardable.—The term for
which the Court directs the offender to be imprisoned in default of payment of
a fine shall not exceed one-fourth of the term of imprisonment which is the
maximum fixed for the offence, if the offence be punishable with imprisonment
as well as fine.
66. Description of
imprisonment for non-payment of fine.—The imprisonment which the Court imposes
in default of payment of a fine may be of any description to which the offender
might have been sentenced for the offence.
67. Imprisonment for
non-payment of fine, when offence punishable with fine only.—If the offence be
punishable with fine only, 1[the imprisonment which the Court imposes in
default of payment of the fine shall be simple, and] the term for which the
Court directs the offender to be imprisoned, in default of payment of fine,
shall not exceed the following scale, that is to say, for any term not
exceeding two months when the amount of the fine shall not exceed fifty rupees,
and for any term not exceeding four months when the amount shall not exceed one
hundred rupees, and for any term not exceeding six months in any other case.
68. Imprisonment to
terminate on payment of fine.—The imprisonment which is imposed in default of
payment of a fine shall terminate whenever that fine is either paid or levied
by process of law.
69. Termination of
imprisonment on payment of proportional part of fine.—If, before the expiration
of the term of imprisonment fixed in default of payment, such a proportion of
the fine be paid or levied that the term of imprisonment suffered in default of
payment is not less than proportional to the part of the fine still unpaid, the
imprisonment shall terminate. Illustration A is sentenced to a fine of one
hundred rupees and to four months’ imprisonment in default of payment. Here, if
seventy-five rupees of the fine be paid or levied before the expiration of one
month of the imprisonment, A will be discharged as soon as the first month has
expired. If seventy-five rupees be paid or levied at the time of the expiration
of the first month, or at any later time while A continues in imprisonment, A
will be immediately discharged. If fifty rupees of the fine be paid or levied
before the expiration of two months of the imprisonment, A will be discharged
as soon as the two months are completed. If fifty rupees be paid or levied at
the time of the expiration of those two months, or at any later time while A
continues in imprisonment, A will be immediately discharged.
70. Fine leviable within six
years, or during imprisonment—Death not to discharge property from
liability.—The fine, or any part thereof which remains unpaid, may be levied at
any time within six years after the passing of the sentence, and if, under the
sentence, the offender be liable to imprisonment for a longer period than six
years, then at any time previous to the expiration of that period; and the
death of the offender does not discharge from the liability any property which
would, after his death, be legally liable for his debts.
71. Limit of punishment of
offence made up of several offences.—Where anything which is an offence is made
up of parts, any of which parts is itself an offence, the offender shall not be
punished with the punishment of more than one of such his offences, unless it
be so expressly provided. 1[Where anything is an offence falling within two or
more separate definitions of any law in force for the time being by which
offences are defined or punished, or where several acts, of which one or more
than one would by itself or themselves constitute an offence, constitute, when
combined, a different offence, the offender shall not be punished with a more
severe punishment than the Court which tries him could award for any one of
such offences.] Illustrations
(a) A gives Z fifty strokes
with a stick. Here A may have committed the offence of voluntarily causing
hurt to Z by the whole beating, and also by each of the blows which make up the
whole beating. If A were liable to punishment for every blow, he might be
imprisoned for fifty years, one for each blow. But he is liable only to one
punishment for the whole beating.
(b) But if, while A is
beating Z, Y interferes, and A intentionally strikes Y, here, as the blow
given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is
liable to one punishment for voluntarily causing hurt to Z, and to another for
the blow given to Y.
72. Punishment of person
guilty of one of several offences, the judgment stating that it is doubtful of
which.—In all cases in which judgment is given that a person is guilty of one
of several offences specified in the judgment, but that it is doubtful of which
of these offences, he is guilty, the offender shall be punished for the offence
for which the lowest punishment is provided if the same punishment is not
provided for all.
73. Solitary
confinement.—Whenever any person is convicted of an offence for which under
this Code the Court has power to sentence him to rigorous imprisonment, the
Court may, by its sentence, order that the offender shall be kept in solitary
confinement for any portion or portions of the imprisonment to which he is sentenced,
not exceeding three months in the whole, according to the following scale, that
is to say— a time not exceeding one month if the term of imprisonment shall not
exceed six months; a time not exceeding two months if the term of imprisonment
shall exceed six months and 1[shall not exceed one] year; a time not exceeding
three months if the term of imprisonment shall exceed one year.
74. Limit of solitary
confinement.—In executing a sentence of solitary confinement, such confinement
shall in no case exceed fourteen days at a time, with intervals between the
periods of solitary confinement of not less duration than such periods; and when
the imprisonment awarded shall exceed three months, the solitary confinement
shall not exceed seven days in any one month of the whole imprisonment awarded,
with intervals between the periods of solitary confinement of not less duration
than such periods.
1[75. Enhanced punishment
for certain offences under Chapter XII or Chapter XVII after previous
conviction.—Whoever, having been convicted,—
(a) by a Court in 2[India],
of an offence punishable under Chapter XII or Chapter XVII of this Code with
imprisonment of either description for a term of three years or upwards, 3[***]
3[***] shall be guilty of any offence punishable under either of those Chapters
with like imprisonment for the like term, shall be subject for every such
subsequent offence to 4[imprisonment for life], or to imprisonment of either
description for a term which may extend to ten years.]
76. Act done by a person
bound, or by mistake of fact believing himself bound, by law.—Nothing is an
offence which is done by a person who is, or who by reason of a mistake of fact
and not by reason of a mistake of law in good faith believes himself to be,
bound by law to do it. Illustrations
(a) A, a soldier, fires on a
mob by the order of his superior officer, in conformity with the commands of
the law. A has committed no offence.
(b) A, an officer of a Court
of Justice, being ordered by that Court to arrest Y, and, after due enquiry,
believing Z to be Y, arrests Z. A has committed no offence.
77. Act of Judge when acting
judicially.—Nothing is an offence which is done by a Judge when acting
judicially in the exercise of any power which is, or which in good faith he
believes to be, given to him by law.
78. Act done pursuant to the
judgment or order of Court.—Nothing which is done in pursuance of, or which is
warranted by the judgment or order of, a Court of Justice; if done whilst such
judgment or order remains in force, is an offence, notwithstanding the Court
may have had no jurisdiction to pass such judgment or order, provided the
person doing the act in good faith believes that the Court had such
jurisdiction.
79. Act done by a person
justified, or by mistake of fact believing himself justified, by law.—Nothing
is an offence which is done by any person who is justified by law, or who by
reason of a mistake of fact and not by reason of a mistake of law in good
faith, believes himself to be justified by law, in doing it. Illustration A
sees Z commit what appears to A to be a murder. A, in the exercise, to the
best of his judgment exerted in good faith, of the power which the law gives to
all persons of apprehending murderers in the fact, seizes Z, in order to bring
Z before the proper authorities. A has committed no offence, though it may turn
out that Z was acting in self-defence.
80. Accident in doing a
lawful act.—Nothing is an offence which is done by accident or misfortune, and
without any criminal intention or knowledge in the doing of a lawful act in a
lawful manner by lawful means and with proper care and caution. Illustration A
is at work with a hatchet; the head flies off and kills a man who is standing
by. Here, if there was no want of proper caution on the part of A, his act is
excusable and not an offence.
81. Act likely to cause
harm, but done without criminal intent, and to prevent other harm.—Nothing is
an offence merely by reason of its being done with the knowledge that it is
likely to cause harm, if it be done without any criminal intention to cause
harm, and in good faith for the purpose of preventing or avoiding other harm to
person or property. Explanation.—It is question of fact in such a case whether
the harm to be prevented or avoided was of such a nature and so imminent as to
justify or excuse the risk of doing the act with the knowledge that it was
likely to cause harm. Illustrations
(a) A, the captain of a
steam vessel, suddenly and without any fault or negligence on his part, finds
himself in such a position that, before he can stop his vessel, he must inevitably
run down to boat B, with twenty or thirty passengers on board, unless he
changes the course of his vessel, and that, by changing his course, he must
incur risk of running down a boat C with only two passengers on board, which he
may possibly clear. Here, if A alters his course without any intention to run
down the boat C and in good faith for the purpose of avoiding the danger to the
passengers in the boat B, he is not guilty of an offence, though he may run
down the boat C by doing an act which he knew was likely to cause that effect,
if it be found as a matter of fact that the danger which he intended to avoid
was such as to excuse him in incurring the risk of running down the boat C.
(b) A, in a great fire,
pulls down houses in order to prevent the conflagration from spreading. He does
this with the intention in good faith of saving human life or property. Here,
if it be found that the harm to be prevented was of such a nature and so imminent
as to excuse A’s act. A is not guilty of the offence.
82. Act of a child under
seven years of age.—Nothing is an offence which is done by a child under seven
years of age.
83. Act of a child above
seven and under twelve of immature understanding.—Nothing is an offence which
is done by a child above seven years of age and under twelve, who has not
attained sufficient maturity of understanding to judge of the nature and
consequences of his conduct on that occasion.
84. Act of a person of
unsound mind.—Nothing is an offence which is done by a person who, at the time
of doing it, by reason of unsoundness of mind, is incapable of knowing the
nature of the act, or that he is doing what is either wrong or contrary to law.
85. Act of a person
incapable of judgment by reason of intoxication caused against his
will.—Nothing is an offence which is done by a person who, at the time of doing
it, is, by reason of intoxication, incapable of knowing the nature of the act,
or that he is doing what is either wrong, or contrary to law; provided that the
thing which intoxicated him was administered to him without his knowledge or
against his will.
86. Offence requiring a
particular intent or knowledge committed by one who is intoxicated.—In cases
where an act done is not an offence unless done with a particular knowledge or
intent, a person who does the act in a state of intoxication shall be liable to
be dealt with as if he had the same knowledge as he would have had if he had
not been intoxicated, unless the thing which intoxicated him was administered
to him without his knowledge or against his will.
87. Act not intended and not
known to be likely to cause death or grievous hurt, done by consent.—Nothing
which is not intended to cause death, or grievous hurt, and which is not known
by the doer to be likely to cause death or grievous hurt, is an offence by
reason of any harm which it may cause, or be intended by the doer to cause, to
any person, above eighteen years of age, who has given consent, whether express
or implied, to suffer that harm; or by reason of any harm which it may be known
by the doer to be likely to cause to any such person who has consented to take
the risk of that harm. Illustration A and Z agrees to fence with each other for
amusement. This agreement implies the consent of each to suffer any harm which,
in the course of such fencing, may be caused without foul play; and if A, while
playing fairly, hurts Z, A commits no offence.
88. Act not intended to
cause death, done by consent in good faith for person’s benefit.—Nothing which
is not intended to cause death, is an offence by reason of any harm which it
may cause, or be intended by the doer to cause, or be known by the doer to be
likely to cause, to any person for whose benefit it is done in good faith, and
who has given a consent, whether express or implied, to suffer that harm, or to
take the risk of that harm. Illustration A, a surgeon, knowing that a
particular operation is likely to cause the death of Z, who suffers under a painful
complaint, but not intending to cause Z’s death and intending in good faith,
Z’s benefit performs that operation on Z, with Z’s consent. A has committed no
offence.
89. Act done in good faith
for benefit of child or insane person, by or by consent of guardian.—Nothing
which is done in good faith for the benefit of a person under twelve years of
age, or of unsound mind, by or by consent, either express or implied, of the
guardian or other person having lawful charge of that person, is an offence by
reason of any harm which it may cause, or be intended by the doer to cause or
be known by the doer to be likely to cause to that person: Provisos—Provided—
(First) — That this
exception shall not extend to the intentional causing of death, or to the
attempting to cause death;
(Secondly) —That this
exception shall not extend to the doing of anything which the person doing it
knows to be likely to cause death, for any purpose other than the preventing of
death or grievous hurt, or the curing of any grievous disease or infirmity;
(Thirdly) — That this
exception shall not extend to the voluntary causing of grievous hurt, or to the
attempting to cause grievous hurt, unless it be for the purpose of preventing
death or grievous hurt, or the curing of any grievous disease or infirmity;
(Fourthly) —That this
exception shall not extend to the abetment of any offence, to the committing of
which offence it would not extend. Illustration A, in good faith, for his
child’s benefit without his child’s consent, has his child cut for the stone by
a surgeon. Knowing it to be likely that the operation will cause the child’s
death, but not intending to cause the child’s death. A is within the exception,
inasmuch as his object was the cure of the child.
90. Consent known to be
given under fear or misconception.—A consent is not such a consent as it
intended by any section of this Code, if the consent is given by a person under
fear of injury, or under a misconception of fact, and if the person doing the
act knows, or has reason to believe, that the consent was given in consequence
of such fear or misconception; or Consent of insane person.—if the consent is
given by a person who, from unsoundness of mind, or intoxication, is unable to
understand the nature and consequence of that to which he gives his consent; or
Consent of child.—unless the contrary appears from the context, if the consent
is given by a person who is under twelve years of age.
91. Exclusion of acts which
are offences independently of harm caused.—The exceptions in sections 87, 88
and 89 do not extend to acts which are offences independently of any harm which
they may cause, or be intended to cause, or be known to be likely to cause, to
the person giving the consent, or on whose behalf the consent is given.
Illustration Causing miscarriage (unless caused in good faith for the purpose
of saving the life of the woman) is an offence independently of any harm which
it may cause or be intended to cause to the woman. Therefore, it is not an
offence “by reason of such harm”; and the consent of the woman or of her
guardian to the causing of such miscarriage does not justify the act.
92. Act done in good faith
for benefit of a person without consent.—Nothing is an offence by reason of
any harm which it may cause to a person for whose benefit it is done in good
faith, even without that person’s consent, if the circumstances are such that
it is impossible for that person to signify consent, or if that person is
incapable of giving consent, and has no guardian or other person in lawful
charge of him from whom it is possible to obtain consent in time for the thing
to be done with benefit: Provisos—Provided—
(First) — That this
exception shall not extend to the intentional causing of death, or the
attempting to cause death;
(Secondly) —That this
exception shall not extend to the doing of anything which the person doing it
knows to be likely to cause death, for any purpose other than the preventing of
death or grievous hurt, or the curing of any grievous disease or infirmity;
(Thirdly) -— That this
exception shall not extend to the voluntary causing of hurt, or to the
attempting to cause hurt, for any purpose other than the preventing of death or
hurt;
(Fourthly) —That this
exception shall not extend to the abetment of any offence, to the committing of
which offence it would not extend. Illustrations
(a) Z is thrown from his
horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned.
A, not intending Z’s death, but in good faith, for Z’s benefit, performs the
trepan before Z recovers his power of judging for himself. A has committed no
offence.
(b) Z is carried off by a
tiger. A fires at the tiger knowing it to be likely that the shot may kill Z,
but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball
gives Z a mortal wound. A has committed no offence.
(c) A, a surgeon, sees a
child suffer an accident which is likely to prove fatal unless an operation be
immediately performed. There is no time to apply to the child’s guardian. A
performs the operation in spite of the entreaties of the child, intending, in
good faith, the child’s benefit. A has committed no offence.
(d) A is in a house which is
on fire, with Z, a child. People below hold out a blanket. A drops the child
from the house-top, knowing it to be likely that the fall may kill the child,
but not intending to kill the child, and intending, in good faith, the child’s
benefit. Here, even if the child is killed by the fall, A has committed no
offence. Explanation.—Mere pecuniary benefit is not benefit within the meaning
of sections 88, 89 and 92.
93. Communication made in
good faith.—No communication made in good faith is an offence by reason of any
harm to the person to whom it is made, if it is made for the benefit of that
person. Illustration A, a surgeon, in good faith, communicates to a patient his
opinion that he cannot live. The patient dies in consequence of the shock. A
has committed no offence, though he knew it to be likely that the communication
might cause the patient’s death.
94. Act to which a person is
compelled by threats.—Except murder, and offences against the State punishable
with death, nothing is an offence which is done by a person who is compelled
to do it by threats, which, at the time of doing it, reasonably cause the
apprehension that instant death to that person will otherwise be the
consequence: Provided the person doing the act did not of his own accord, or
from a reasonable apprehension of harm to himself short of instant death, place
himself in the situation by which he became subject to such constraint.
Explanation 1.—A person who, of his own accord, or by reason of a threat of
being beaten, joins a gang of dacoits, knowing their character, is not entitled
to the benefit of this exception, on the ground of his having been compelled by
his associates to do anything that is an offence by law. Explanation 2.—A
person seized by a gang of dacoits, and forced, by threat of instant death, to
do a thing which is an offence by law; for example, a smith compelled to take
his tools and to force the door of a house for the dacoits to enter and plunder
it, is entitled to the benefit of this exception.
95. Act causing slight
harm.—Nothing is an offence by reason that it causes, or that it is intended to
cause, or that it is known to be likely to cause, any harm, if that harm is so
slight that no person of ordinary sense and temper would complain of such harm.
96. Things done in private
defence.—Nothing is an offence which is done in the exercise of the right of
private defence.
97. Right of private defence
of the body and of property.—Every person has a right, subject to the
restrictions contained in section 99, to defend—
(First) — His own body, and
the body of any other person, against any offence affecting the human body;
(Secondly) —The property,
whether movable or immovable, of himself or of any other person, against any
act which is an offence falling under the definition of theft, robbery,
mischief or criminal trespass, or which is an attempt to commit theft, robbery,
mischief or criminal trespass.
98. Right of private defence
against the act of a person of unsound mind, etc.—When an act, which would
otherwise be a certain offence, is not that offence, by reason of the youth,
the want of maturity of understanding, the unsoundness of mind or the
intoxication of the person doing that act, or by reason of any misconception on
the part of that person, every person has the same right of private defence
against that act which he would have if the act were that offence.
Illustrations
(a) Z, under the influence
of madness, attempts to kill A; Z is guilty of no offence. But A has the same
right of private defence which he would have if Z were sane.
(b) A enters by night a
house which he is legally entitled to enter Z, in good faith, taking A for a
house-breaker, attacks A. Here Z, by attacking A under this misconception,
commits no offence. But A has the same right of private defence against Z,
which he would have if Z were not acting under that misconception.
99. Acts against which there
is no right of private defence.—There is no right of private defence against an
act which does not reasonably cause the apprehension of death or of grievous
hurt, if done, or attempted to be done, by a public servant acting in good
faith under colour of his office, though that act, may not be strictly
justifiable by law. There is no right of private defence against an act which
does not reasonably cause the apprehension of death or of grievous hurt, if
done, or attempted to be done, by the direction of a public servant acting in
good faith under colour of his office, though that direction may not be
strictly justifiable by law. There is no right of private defence in cases in
which there is time to have recourse to the protection of the public
authorities. Extent to which the right may be exercised.—The right of private
defence in no case extends to the inflicting of more harm than it is necessary
to inflict for the purpose of defence. Explanation 1.—A person is not deprived
of the right of private defence against an act done, or attempted to be done,
by a public servant, as such, unless he knows or has reason to believe, that
the person doing the act is such public servant. Explanation 2.—A person is not
deprived of the right of private defence against an act done, or attempted to
be done, by the direction of a public servant, unless he knows, or has reason
to believe, that the person doing the act is acting by such direction, or
unless such person states the authority under which he acts, or if he has
authority in writing, unless he produces such authority, if demanded.
100. When the right of
private defence of the body extends to causing death.—The right of private
defence of the body extends, under the restrictions mentioned in the last
preceding section, to the voluntary causing of death or of any other harm to
the assailant, if the offence which occasions the exercise of the right be of
any of the descriptions hereinafter enumerated, namely:—
(First) — Such an assault as
may reasonably cause the apprehension that death will otherwise be the
consequence of such assault;
(Secondly) —Such an assault
as may reasonably cause the apprehension that grievous hurt will otherwise be
the consequence of such assault;
(Thirdly) — An assault with
the intention of committing rape;
(Fourthly) —An assault with
the intention of gratifying unnatural lust;
(Fifthly) — An assault with
the intention of kidnapping or abducting;
(Sixthly) — An assault with
the intention of wrongfully confining a person, under circumstances which may
reasonably cause him to apprehend that he will be unable to have recourse to
the public authorities for his release.
101. When such right extends
to causing any harm other than death.—If the offence be not of any of the
descriptions enumerated in the last preceding section, the right of private
defence of the body does not extend to the voluntary causing of death to the
assailant, but does extend, under the restrictions mentioned in section 99, to
the voluntary causing to the assailant of any harm other than death.
102. Commencement and
continuance of the right of private defence of the body.—The right of private
defence of the body commences as soon as a reasonable apprehension of danger to
the body arises from an attempt or threat to commit the offence though the offence
may not have been committed; and it continues as long as such apprehension of
danger to the body continues.
103. When the right of
private defence of property extends to causing death.—The right of private
defence of property extends, under the restrictions mentioned in section 99, to
the voluntary causing of death or of any other harm to the wrong-doer, if the
offence, the committing of which, or the attempting to commit which, occasions
the exercise of the right, be an offence of any of the descriptions hereinafter
enumerated, namely:—
(First) — Robbery;
(Secondly) —House-breaking
by night;
(Thirdly) — Mischief by fire
committed on any building, tent or vessel, which building, tent or vessel is
used as a human dwelling, or as a place for the custody of property;
(Fourthly) —Theft, mischief,
or house-trespass, under such circumstances as may reasonably cause
apprehension that death or grievous hurt will be the consequence, if such
right of private defence is not exercised. STATE AMENDMENTS
(Karnataka) —(1) In section
103, in clause Thirdly,—
(i) after the words
“mischief by fire”, insert the words “or any explosive substance”;
(ii) after the words “as a
human dwelling, or” insert the words “as a place of worship, or”.
(2) After clause Fourthly,
insert the following clause, namely:— “Fifthly.—Mischief by fire or any explosive
substance committed on any property used or intended to be used for the purpose
of Government or any local authority, statutory body or company owned or
controlled by Government or railway or any vehicle used or adapted to be used
for the carriage of passengers for hire or reward.” [Vide Karnataka Act 8 of
1972, sec. 2 (w.e.f. 7-10-1972)].
(Maharashtra) —In section
103, add the following at the end, namely:— “Fifthly.—Mischief by fire or any
explosive substance committed on any property used or intended to be used for
the purposes of Government or any local authority, statutory body, company
owned or controlled by Government, railway or tramway, or on any vehicle used
or adapted to be used, for the carriage of passengers for hire or reward”.
[Vide Maharashtra Act 19 of 1971, sec. 26 (w.e.f. 31-12-1971)]. Uttar
Pradesh.—In section 103, after clause fourthly, add the following clause,
namely:— “Fifthly.—Mischief by fire or any explosive substance committed on—
(a) Any property used or
intended to be used for the purpose of Government, or any local authority or
other corporation owned or controlled by the Government, or
(b) any railway as defined
in clause (4) of section 3 of the Indian Railways Act, 1890 or railways stores
as defined in the Railways Stores (Unlawful Possession) Act, 1955, or
(c) any transport vehicle as
defined in *clause (33) of section 2 of the Motor Vehicles Act, 1939.” [Vide
Uttar Pradesh Act 29 of 1970, sec. 2 (w.e.f. 17-7-1970)]. * See clause (47) of
sec. 2 of the Motor Vehicles Act, 1988.
104. When such right extends
to causing any harm other than death.—If the offence, the committing of which,
or the attempting to commit which, occasions the exercise of the right of
private defence, be theft, mischief, or criminal trespass, not of any of the
descriptions enumerated in the last preceding section, that right does not
extend to the voluntary causing of death, but does extend, subject to the
restrictions mentioned in section 99, to the voluntary causing to the
wrong-doer of any harm other than death.
105. Commencement and
continuance of the right of private defence of property.—The right of private
defence of property commences when a reasonable apprehension of danger to the
property commences. The right of private defence of property against theft
continues till the offender has effected his retreat with the property or either
the assistance of the public authorities is obtained, or the property has been
recovered. The right of private defence of property against robbery continues
as long as the offender causes or attempts to cause to any person death or hurt
or wrongful restraint or as long as the fear of instant death or of instant
hurt or of instant personal restraint continues. The right of private defence
of property against criminal trespass or mischief continues as long as the
offender continues in the commission of criminal trespass or mischief. The
right of private defence of property against house-breaking by night continues
as long as the house-trespass which has been begun by such house-breaking
continues.
106. Right of private
defence against deadly assault when there is risk of harm to innocent
person.—If in the exercise of the right of private defence against an assault
which reasonably causes the apprehension of death, the defender be so situated
that he cannot effectually exercise that right without risk of harm to an
innocent person, his right of private defence extends to the running of that
risk. Illustration A is attacked by a mob who attempt to murder him. He cannot
effectually exercise his right of private defence without firing on the mob,
and he cannot fire without risk of harming young children who are mingled with
the mob. A commits no offence if by so firing he harms any of the children.
107. Abetment of a thing.—A
person abets the doing of a thing, who—
(First) — Instigates any
person to do that thing; or
(Secondly) —Engages with one
or more other person or persons in any conspiracy for the doing of that thing,
if an act or illegal omission takes place in pursuance of that conspiracy, and
in order to the doing of that thing; or
(Thirdly) — Intentionally
aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A
person who, by wilful misrepresentation, or by wilful concealment of a material
fact which he is bound to disclose, voluntarily causes or procures, or attempts
to cause or procure, a thing to be done, is said to instigate the doing of that
thing. Illustration A, a public officer, is authorized by a warrant from a
Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z,
wilfully represents to A that C is Z, and thereby intentionally causes A to
apprehend C. Here B abets by instigation the apprehension of C. Explanation
2.—Whoever, either prior to or at the time of the commission of an act, does
anything in order to facilitate the commission of that act, and thereby
facilitate the commission thereof, is said to aid the doing of that act.
108. Abettor.—A person abets
an offence, who abets either the commission of an offence, or the commission of
an act which would be an offence, if committed by a person capable by law of
committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1.—The abetment of the illegal omission of an act may amount to an
offence although the abettor may not himself be bound to do that act.
Explanation 2.—To constitute the offence of abetment it is not necessary that
the act abetted should be committed, or that the effect requisite to constitute
the offence should be caused. Illustrations
(a) A instigates B to murder
C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A instigates B to murder
D. B in pursuance of the instigation stabs D. D recovers from the wound. A is
guilty of instigating B to commit murder. Explanation 3.—It is not necessary
that the person abetted should be capable by law of committing an offence, or
that he should have the same guilty intention or knowledge as that of the
abettor, or any guilty intention or knowledge. Illustrations
(a) A, with a guilty
intention, abets a child or a lunatic to commit an act which would be an
offence, if committed by a person capable by law of committing an offence, and
having the same intention as A. Here A, whether the act be committed or not, is
guilty of abetting an offence.
(b) A, with the intention of
murdering Z, instigates B, a child under seven years of age, to do an act which
causes Z’s death. B, in consequence of the abetment, does the act in the absence
of A and thereby causes Z’s death. Here, though B was not capable by law of
committing an offence, A is liable to be punished in the same manner as if B
had been capable by law of committing an offence, and had committed murder, and
he is therefore subject to the punishment of death.
(c) A instigates B to set
fire to a dwelling-house, B, in consequence of the unsoundness of his mind,
being incapable of knowing the nature of the act, or that he is doing what is
wrong or contrary to law, sets fire to the house in consequence of A’s
instigation. B has committed no offence, but A is guilty of abetting the
offence of setting fire to a dwelling-house, and is liable to the punishment,
provided for that offence.
(d) A, intending to cause a
theft to be committed, instigates B to take property belonging to Z out of Z’s
possession. A induces B to believe that the property belongs to A. B takes the
property out of Z’s possession, in good faith, believing it to be A’s property.
B, acting under this misconception, does not take dishonestly, and therefore
does not commit theft. But A is guilty of abetting theft, and is liable to the
same punishment as if B had committed theft. Explanation 4.—The abetment of an
offence being an offence, the abetment of such an abetment is also as offence.
Illustration A instigates B to instigate C to murder Z. B accordingly instigates
C to murder Z, and C commits that offence in consequence of B’s instigation. B
is liable to be punished for his offence with the punishment for murder; and,
as A instigated B to commit the offence, A is also liable to the same
punishment. Explanation 5.—It is not necessary to the commission of the offence
of abetment by conspiracy that the abettor should concert the offence with the
person who commits it. It is sufficient if he engages in the conspiracy in
pursuance of which the offence is committed. Illustration A concerts with B a
plan for poisoning Z. It is agreed that A shall administer the poison. B then
explains the plan to C mentioning that a third person is to administer the
poison, but without mentioning A’s name. C agrees to procure the poison, and
procures and delivers it to B for the purpose of its being used in the manner
explained. A administers the poison; Z dies in consequence. Here, though A and
C have not conspired together, yet C has been engaged in the conspiracy in
pursuance of which Z has been murdered. C has therefore committed the offence
defined in this section and is liable to the punishment for murder.
1[108A. Abetment in India of
offences outside India.—A person abets an offence within the meaning of this
Code who, in 2[India], abets the commission of any act without and beyond
2[India] which would constitute an offence if committed in 2[India].
Illustration A, in 2[India], instigates B, a foreigner in Goa, to commit a
murder in Goa. A is guilty of abetting murder.]
109. Punishment of abetment
if the act abetted is committed in consequence and where no express provision
is made for its punishment.—Whoever abets any offence shall, if the act abetted
is committed in consequence of the abetment, and no express provision is made
by this Code for the punishment of such abetment, be punished with the
punishment provided for the offence. Explanation.—An act or offence is said to
be committed in consequence of abetment, when it is committed in consequence
of the instigation, or in pursuance of the conspiracy, or with the aid which
constitutes the abetment. Illustrations
(a) A offers a bribe to B, a
public servant, as a reward for showing A some favour in the exercise of B’s
official functions. B accepts the bribe. A has abetted the offence defined in
section 161.
(b) A instigates B to give
false evidence. B, in consequence of the instigation, commits that offence. A
is guilty of abetting that offence, and is liable to the same punishment as B.
(c) A and B conspire to
poison Z. A in pursuance of the conspiracy, procures the poison and delivers
it to B in order that he may administer it to Z. B, in pursuance of the
conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s
death. Here B is guilty of murder. A is guilty of abetting that offence by
conspiracy, and is liable to the punishment for murder. CLASSIFICATION OF
OFFENCE Punishment—Same as for offence abetted—According as offence abetted is
cognizable or non-cognizable—According as offence abetted is bailable or
non-bailable—Triable by court by which offence abetted is
triable—Non-compoundable.
110. Punishment of abetment
if person abetted does act with different intention from that of
abettor.—Whoever abets the commission of an offence shall, if the person
abetted does the act with a different intention or knowledge from that of the
abettor, be punished with the punishment provided for the offence which would
have been committed if the act had been done with the intention or knowledge of
the abettor and with no other.
111. Liability of abettor
when one act abetted and different act done.—When an act is abetted and a
different act is done, the abettor is liable for the act done, in the same
manner and to the same extent as if he had directly abetted it:
(Proviso) —Provided the act
done was a probable consequence of the abetment, and was committed under the
influence of the instigation, or with the aid or in pursuance of the
conspiracy which constituted the abetment. Illustrations
(a) A instigates a child to
put poison into the food of Z, and gives him poison for that purpose. The
child, in consequence of the instigation, by mistake puts the poison into the
food of Y, which is by the side of that of Z. Here, if the child was acting
under the influence of A’s instigation, and the act done was under the
circumstances a probable consequence of the abetment. A is liable in the same
manner and to the same extent as if he had instigated the child to put the
poison into the food of Y.
(b) A instigates B to burn
Z’s house. B sets fire to the house and at the same time commits theft of
property there. A, though guilty of abetting the burning of the house, is not
guilty of abetting the theft; for the theft was a distinct act, and not a
probable consequence of the burning.
(c) A instigates B and C to
break into an inhabited house at midnight for the purpose of robbery, and
provides them with arms for that purpose. B and C break into the house, and
being resisted by Z, one of the inmates, murder Z. Here, if that murder was
the probable consequence of the abetment, A is liable to the punishment
provided for murder. CLASSIFICATION OF OFFENCE Punishment—Same as for offence
intended to be abetted—According as offence abetted is cognizable or
non-cognizable—According as offence abetted is bailable or non-bailable—Triable
by court by which offence abetted is triable—Non-compoundable.
112. Abettor when liable to
cumulative punishment for act abetted and for act done.—If the act for which
the abettor is liable under the last preceding section is committed in addition
to the act abetted, and constitutes a distinct offence, the abettor is liable
to punishment for each of the offences. Illustration A instigates B to resist
by force a distress made by a public servant. B, in consequence, resists that
distress. In offering the resistance, B voluntarily causes grievous hurt to the
officer executing the distress. As B has committed both the offence of
resisting the distress, and the offence of voluntarily causing grievous hurt, B
is liable to punishment for both these offences; and, if A knew that B was
likely voluntarily to cause grievous hurt in resisting the distress A will also
be liable to punishment for each of the offences.
113. Liability of abettor
for an effect caused by the act abetted different from that intended by the
abettor.—When an act is abetted with the intention on the part of the abettor
of causing a particular effect, and an act for which the abettor is liable in
consequence of the abetment, caused a different effect from that intended by
the abettor, the abettor is liable for the effect caused, in the same manner
and to the same extent as if he had abetted the act with the intention of
causing that effect, provided he knew that the act abetted was likely to cause
that effect. Illustration A instigates B to cause grievous hurt to Z. B, in
consequence of the instigation, causes grievous hurt to Z. Z dies in consequence.
Here, if A knew that the grievous hurt abetted was likely to cause death, A is
liable to be punished with the punishment provided for murder. CLASSIFICATION
OF OFFENCE Punishment—Same as for offence committed—According as offence
abetted is cognizable or non-cognizable—According as offence abetted is
bailable or non-bailable—Triable by court by which offence abetted is
triable—Non-compoundable.
114. Abettor present when
offence is committed.—Whenever any person, who is absent would be liable to be
punished as an abettor, is present when the act or offence for which he would
be punishable in consequence of the abetment is committed, he shall be deemed
to have committed such act or offence.
115. Abetment of offence
punishable with death or imprisonment for life—if offence not
committed.—Whoever abets the commission of an offence punishable with death or
1[imprisonment for life], shall, if that offence be not committed in
consequence of the abetment, and no express provision is made by this Code for
the punishment of such abetment, be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine; If act causing harm be done in consequence.—and if any act for
which the abettor is liable in consequence of the abetment, and which causes
hurt to any person, is done, the abettor shall be liable to imprisonment of
either description for a term which may extend to fourteen years, and shall
also be liable to fine. Illustration A instigates B to murder Z. The offence is
not committed. If B had murdered Z, he would have been subject to the
punishment of death or 1[imprisonment for life]. Therefore A is liable to
imprisonment for a term which may extend to seven years and also to a fine; and
if any hurt be done to Z in consequence of the abetment, he will be liable to
imprisonment for a term which may extend to fourteen years, and to fine.
CLASSIFICATION OF OFFENCE Para I: Punishment—Imprisonment for 7 years and
fine—According as offence abetted is cognizable or non-cognizable—non-bailable—Triable
by court by which offence abetted is triable—Non-compoundable. Para II:
Punishment—Imprisonment for 14 years and fine—According as offence abetted is
cognizable or non-cognizable—non-bailable—Triable by court by which offence
abetted is triable—Non-compoundable.
116. Abetment of offence
punishable with imprisonment—if offence be not committed.—Whoever abets an
offence punishable with imprisonment shall, if that offence be not committed in
consequence of the abetment, and no express provision is made by this Code for
the punishment of such abetment, be punished with imprisonment of any
description provided for that offence for a term which may extend to one-fourth
part of the longest term provided for that offence; or with such fine as is
provided for that offence, or with both; If abettor or person abetted be a
public servant whose duty it is to prevent offence.—and if the abettor or the
person abetted is a public servant, whose duty it is to prevent the commission
of such offence, the abettor shall be punished with imprisonment of any
description provided for that offence, for a term which may extend to one-half
of the longest term provided for that offence, or with such fine as is provided
for the offence, or with both. Illustrations
(a) A offers a bribe to B, a
public servant, as a reward for showing A some favour in the exercise of B’s
official functions. B refuses to accept the bribe. A is punishable under this
section.
(b) A instigates B to give
false evidence. Here, if B does not give false evidence, A has nevertheless
committed the offence defined in this section, and is punishable accordingly.
(c) A, a police-officer, whose
duty it is to prevent robbery, abets the commission of robbery. Here, though
the robbery be not committed, A is liable to one-half of the longest term of
imprisonment provided for that offence, and also to fine.
(d) B abets the commission
of a robbery by A, a police-officer, whose duty it is to prevent that offence.
Here, though the robbery be not committed, B is liable to one-half of the
longest term of imprisonment provided for the offence of robbery, and also to
fine. CLASSIFICATION OF OFFENCE Para I:—Punishment—Imprisonment extending to a
quarter part of the longest term, provided for the offence, or fine, or
both—According to offence abetted is cognizable or non-cognizable—According as
offence abetted is bailable or non-bailable—Triable by court by which offence
abetted is triable—Non-compoundable. Para II: Punishment—Imprisonment extending
to half of the longest term, provided for the offence, or fine, or
both—According as offence abetted is cognizable or non-cognizable—According as
offence abetted is bailable or non-bailable—Triable by court by which offence
abetted is triable—Non-compoundable.
117. Abetting commission of
offence by the public or by more than ten persons.—Whoever abets the commission
of an offence by the public generally or by any number or class of persons
exceeding ten, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both. Illustration
A affixes in a public place a placard instigating a sect consisting of more
than ten members to meet at a certain time and place, for the purpose of
attacking the members of an adverse sect, while engaged in a procession. A has
committed the offence defined in this section. CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—According as offence
abetted is cognizable or non-cognizable—According as offence abetted is
bailable or non-bailable—Triable by court by which offence abetted is
triable—Non-compoundable.
118 Concealing design to commit
offence punishable with death or imprisonment for life. —Whoever intending to
facilitate or knowing it to be likely that he will thereby facilitate the
commission of an offence punishable with death or 69 [imprisonment
for life]; 70 [voluntarily conceals by any act or omission
or by the use of encryption or any other information hiding tool, the existence
of a design] to commit such offence or makes any representation which he knows
to be false respecting such design, If offence be committed — if offence be not
committed. —shall, if that offence be committed, be punished with imprisonment
of either description for a term which may extend to seven years, or, if the
offence be not committed, with imprisonment of either description, for a term
which may extend to three years; and in either case shall also be liable to
fine. Illustration A, knowing that dacoity is about to be committed at B,
falsely informs the Magistrate that a dacoity is about to be committed at C, a
place in an opposite direction, and thereby misleads the Magistrate with
intent to facilitate the commission of the offence. The dacoity is committed at
B in pursuance of the design. A is punishable under this section.
119 Public servant concealing
design to commit offence which it is his duty to prevent. —Whoever, being a
public servant, intending to facilitate or knowing it to be likely that he
will thereby facilitate the commission of an offence which it is his duty as
such public servant to prevent; 71 [voluntarily conceals
by any act or omission or by the use of encryption or any other information
hiding tool, the existence of a design] to commit such offence, or makes any
representation which he knows to be false respecting such design; If offence
be committed. —shall, if the offence be committed, be punished with
imprisonment of any description provided for the offence, for a term which may
extend to one-half of the longest term of such imprisonment, or with such fine
as is provided for that offence, or with both; If offence be punishable with
death, etc. —or, if the offence be punishable with death or 72 [imprisonment
for life], with imprisonment of either description for a term which may extend
to ten years; If offence be not committed. —or if the offence be not committed,
shall be punished with imprisonment of any description provided for the offence
for a term which may extend to one-fourth part of the longest term of such
imprisonment or with such fine as is provided for the offence, or with both.
Illustration A, an officer of police, being legally bound to give information
of all designs to commit robbery which may come to his knowledge, and knowing
that B designs to commit robbery, omits to give such information, with intent
to facilitate the commission of that offence. Here A has by an illegal omission
concealed the existence of B's design, and is liable to punishment according
to the provision of this section.
120. Concealing design to
commit offence punishable with imprisonment.—Whoever, intending to facilitate
or knowing it to be likely that he will thereby facilitate the commission of an
offence punishable with imprisonment, voluntarily conceals, by any act or
illegal omission, the existence of a design to commit such offence, or makes
any representation which he knows to be false respecting such design, If
offence be committed—if offence be not committed.—shall, if the offence be
committed, be punished with imprisonment of the description provided for the
offence, for a term which may extend to one-fourth, and, if the offence be not
committed, to one-eighth, of the longest term of such imprisonment, or with
such fine as is provided for the offence, or with both.
[120A. Definition of
criminal conspiracy.—When two or more persons agree to do, or cause to be
done,—
(1) an illegal act, or
(2) an act which is not
illegal by illegal means, such an agreement is designated a criminal
conspiracy: Provided that no agreement except an agreement to commit an offence
shall amount to a criminal conspiracy unless some act besides the agreement is
done by one or more parties to such agreement in pursuance thereof.
Explanation.—It is immaterial whether the illegal act is the ultimate object of
such agreement, or is merely incidental to that object.]
1[120B. Punishment of
criminal conspiracy.—
(1) Whoever is a party to a
criminal conspiracy to commit an offence punishable with death, 2[imprisonment
for life] or rigorous imprisonment for a term of two years or upwards, shall,
where no express provision is made in this Code for the punishment of such a
conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a
criminal conspiracy other than a criminal conspiracy to commit an offence
punishable as aforesaid shall be punished with imprisonment of either
description for a term not exceeding six months, or with fine or with both.]
121. Waging, or attempting
to wage war, or abetting waging of war, against the Government of
India.—Whoever, wages war against the 75 [Government of
India], or attempts to wage such war, or abets the waging of such war, shall be
punished with death, or 76 [imprisonment for life] 77 [and
shall also be liable to fine]. 78 [Illustration] 79 [***]
A joins an insurrection against the 80 [Government of
India]. A has committed the offence defined in this section. 81 [***]
82 [121A. Conspiracy to
commit offences punishable by section 121.—Whoever within or without 83 [India]
conspires to commit any of the offences punishable by section 121, 84 [***]or
conspires to overawe, by means of criminal force or the show of criminal force, 85 [the
Central Government or any 86 [State] Government 87 [***],
shall be punished with 88 [imprisonment for life], or with
imprisonment of either description which may extend to ten years, 89 [and
shall also be liable to fine]. Explanation.—To constitute a conspiracy under
this section, it is not necessary that any act or illegal omission shall make
place in pursuance thereof.]
122. Collecting arms, etc.,
with intention of waging war against the Government of India.—Whoever collects
men, arms or ammunition or otherwise prepares to wage war with the intention
of either waging or being prepared to wage war against the 90 [Government
of India], shall be punished with 91 [imprisonment for
life] or imprisonment of either description for a term not exceeding ten years, 92 [and
shall also be liable to fine].
123. Concealing with intent
to facilitate design to wage war.—Whoever by any act, or by any illegal
omission, conceals the existence of a design to wage war against the
[Government of India], intending by such concealment to facilitate, or knowing
it to be likely that such concealment will facilitate, the waging of such war,
shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
124. Assaulting President,
Governor, etc., with intent to compel or restrain the exercise of any lawful
power.—Whoever, with the intention of including or compelling the 93 [President]
of India, or the 94 [Governor 95 [***]]
of any 96 [State], 97 [***] 98 [***] 99 [***]
to exercise or refrain from exercising in any manner any of the lawful powers
of such 100 [President] or 94 [Governor 95 [***]],
assault or wrongfully restrains, or attempts wrongfully to restrain, or
overawes, by means of criminal force or the show of criminal force, or attempts
so to overawe, such 100 [President or 94 [Governor 95 [***]],
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
101 [124A. Sedition.—Whoever,
by words, either spoken or written, or by signs, or by visible representation,
or otherwise, brings or attempts to bring into hatred or contempt, or excites
or attempts to excite disaffection towards, 102 [***] the
Government established by law in 103 [India], [***] shall
be punished with 104 [imprisonment for life], to which
fine may be added, or with imprisonment which may extend to three years, to
which fine may be added, or with fine. Explanation 1.—The expression
“disaffection” includes disloyalty and all feelings of enmity. Explanation
2.—Comments expressing disapprobation of the measures of the Government with a
view to obtain their alteration by lawful means, without exciting or attempting
to excite hatred, contempt or disaffection, do not constitute an offence under
this section. Explanation 3.—Comments expressing disapprobation of the administrative
or other action of the Government without exciting or attempting to excite
hatred, contempt or disaffection, do not constitute an offence under this
section.]
125. Waging war against any
Asiatic Power in alliance with the Government of India.—Whoever wages war
against the Government of any Asiatic Power in alliance or at peace with the
1[Government of India] or attempts to wage such war, or abets the waging of
such war, shall be punished with 2[imprisonment for life], to which fine may be
added, or with imprisonment of either description for a term which may extend
to seven years, to which fine may be added, or with fine.
126. Committing depredation
on territories of Power at peace with the Government of India.—Whoever commits
depredation, or makes preparation to commit depredation, on the territories of
any Power in alliance or at peace with the 1[Government of India], shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine and to forfeiture of any property
used or intended to be used in committing such depredation, or acquired by such
depredation.
127. Receiving property
taken by war on depredation mentioned in sections 125 and 126.—Whoever receives
any property knowing the same to have been taken in the commission of any of
the offences mentioned in sections 125 and 126, shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall
also be liable to fine and to forfeiture of the property so received.
128. Public servant
voluntarily allowing prisoner of State or war to escape.—Whoever, being a
public servant and having the custody of any State prisoner or prisoner of war,
voluntarily allows such prisoner to escape from any place in which such prisoner
is confined, shall be punished with 1[imprisonment for life], or imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.
129. Public servant negligently
suffering such prisoner to escape.—Whoever, being a public servant and having
the custody of any State prisoner or prisoner of war, negligently suffers such
prisoner to escape from any place of confinement in which such prisoner is
confined, shall be punished with simple imprisonment for a term which may
extend to three years, and shall also be liable to fine.
130. Aiding escape of,
rescuing or harbouring such prisoner.—Whoever knowingly aids or assists any
State prisoner or prisoner of war in escaping from lawful custody, or rescues
or attempts to rescue any such prisoner, or harbours or conceals any such
prisoner who has escaped from lawful custody, or offers or attempts to offer
any resistance to the recapture of such prisoner, shall be punished with
1[imprisonment for life], or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine. Explanation.—A
State prisoner or prisoner of war, who is permitted to be at large on his
parole within certain limits in 2[India], is said to escape from lawful custody
if he goes beyond the limits within which he is allowed to be at large.
131. Abetting mutiny, or
attempting to seduce a soldier, sailor or airman from his duty.—Whoever abets
the committing of mutiny by an officer, soldier, 111 [sailor
or airman], in the Army, 112 [Navy or Air Force] of the 113 [Government
of India] or attempts to seduce any such officer, soldier, 114 [sailor
or airman] from his allegiance or his duty, shall be punished with 115 [imprisonment
for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine. 116 [Explanation.—In
this section the words “officer”, 117 [“soldier”, 118 [“sailor”]
and “airman”] include any person subject to the 119 [Army
Act, 120 [the Army Act, 1950 (46 of 1950, 121 [the
Naval Discipline Act, 122 [***] the 121 [Indian
Navy (Discipline) Act, 1934 (34 of 1934)] 123 [the Air
Force Act or 124 [the Air Force Act, 1950 (45 of 1950)],
as the case may be]].
132. Abetment of mutiny, if
mutiny is committed in consequence thereof.—Whoever abets the committing of
mutiny by an officer, soldier, 1[sailor or airman] in the Army, 2[Navy or Air
Force] of the 3[Government of India], shall, if mutiny be committed in
consequence of that abetment, be punished with death or with 4[imprisonment for
life], or imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
133. Abetment of assault by
soldier, sailor or airman on his superior officer, when in execution of his
office.—Whoever abets an assault by an officer, soldier, 1[sailor or airman],
in the Army, 2[Navy or Air Force] of the 3[Government of India], on any
superior officer being in the execution of his office, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
134. Abetment of such
assault, if the assault is committed.—Whoever abets an assault by an officer,
soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the
3[Government of India], on any superior officer being in the execution of his
office, shall, if such assault be committed in consequence of that abetment be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
135. Abetment of desertion
of soldier, sailor or airman.—Whoever abets the desertion of any officer, soldier,
1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of
India], shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
136. Harbouring
deserter.—Whoever, except as hereinafter expected, knowing or having reason to
believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or
Air Force] of the 3[Government of India], has deserted, harbours such officer,
soldier, 1[sailor or airman], shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
(Exception) —This provision
does not extend to the case in which the harbour is given by a wife to her
husband.
137. Deserter concealed on
board merchant vessel through negligence of master.—The master or person in
charge of a merchant vessel, on board of which any deserter from the Army,
1[Navy or Air Force] of the 2[Government of India] is concealed, shall, though
ignorant of such concealment, be liable to a penalty not exceeding five hundred
rupees, if he might have known of such concealment but for some neglect of his
duty as such master or person in charge, or but for some want of discipline on
board of the vessel.
138. Abetment of act of
insubordination by soldier, sailor or airman.—Whoever abets what he knows to be
an act of insubordination by an officer, soldier, 1[sailor or airman], in the
Army, 2[Navy or Air Force] of the 3[Government of India], shall, if such act of
insubordination be committed in consequence of that abetment, be punished with
imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
138A. Application of
foregoing sections to the Indian Marine Service.—[Ins. by Act 14 of 1887, sec.
79 and Rep. by the Amending Act, 1934 (35 of 1934), sec. 2 and Sch.]
139. Persons subject to
certain Acts.—No person subject to 146 [the Army Act, 147 [the
Army Act, 1950 (46 of 1950), or the Naval Discipline Act, 148 [ 149 [***] 150 [the
Indian Navy (Discipline) Act, 1934 (34 of 1934)], 151 [the
Air Force Act 152 [the Air Force Act, 1950 (45 of
1950)]]], is subject to punishment under this Code for any of the offences
defined in this Chapter.
140. Wearing garb or
carrying token used by soldier, sailor or airman.—Whoever, not being a soldier, 153 [sailor
or airman], in the Military, 154 [Naval or Air] service of
the 155 [Government of India], wears any garb or carries
any token resembling any garb or token used by such a soldier, 153 [sailor
or airman] with the intention that it may be believed that he is such a soldier, 153 [sailor
or airman], shall be punished with imprisonment of either description for a
term which may extend to three months, or with fine which may extend to five
hundred rupees, or with both.
141. Unlawful assembly.—An
assembly of five or more persons is designated an “unlawful assembly”, if the
common object of the persons composing that assembly is—
(First) — To overawe by
criminal force, or show of criminal force, 1[the Central or any State
Government or Parliament or the Legislature of any State], or any public
servant in the exercise of the lawful power of such public servant; or
(Second) — To resist the
execution of any law, or of any legal process; or
(Third) — To commit any
mischief or criminal trespass, or other offence; or
(Fourth) — By means of
criminal force, or show of criminal force, to any person, to take or obtain
possession of any property, or to deprive any person of the enjoyment of a
right of way, or of the use of water or other incorporeal right of which he is
in possession or enjoyment, or to enforce any right or supposed right; or
(Fifth) — By means of
criminal force, or show of criminal force, to compel any person to do what he
is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.—An assembly which was not unlawful when it assembled, may
subsequently become an unlawful assembly.
142. Being member of
unlawful assembly.—Whoever, being aware of facts which render any assembly an
unlawful assembly, intentionally joins that assembly, or continues in it, is
said to be a member of an unlawful assembly.
143. Punishment.—Whoever is
a member of an unlawful assembly, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with
both.
144. Joining unlawful
assembly armed with deadly weapon.—Whoever, being armed with any deadly
weapon, or with anything which, used as a weapon of offence, is likely to cause
death, is a member of an unlawful assembly, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.
145. Joining or continuing
in unlawful assembly, knowing it has been commanded to disperse.—Whoever joins
or continues in an unlawful assembly, knowing that such unlawful assembly has
been commanded in the manner prescribed by law to disperse, shall be punished
with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
146. Rioting.—Whenever force
or violence is used by an unlawful assembly, or by any member thereof, in prosecution
of the common object of such assembly, every member of such assembly is guilty
of the offence of rioting.
147. Punishment for
rioting.—Whoever is guilty of rioting, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
148. Rioting, armed with
deadly weapon.—Whoever is guilty of rioting, being armed with a deadly weapon
or with anything which, used as a weapon of offence, is likely to cause death,
shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
149. Every member of
unlawful assembly guilty of offence committed in prosecution of common
object.—If an offence is committed by any member of an unlawful assembly in
prosecution of the common object of that assembly, or such as the members of that
assembly knew to be likely to be committed in prosecution of that object, every
person who, at the time of the committing of that offence, is a member of the
same assembly, is guilty of that offence.
150. Hiring, or conniving at
hiring, of persons to join unlawful assembly.—Whoever hires or engages or
employs, or promotes, or connives at the hiring, engagement or employment of
any person to join or become a member of any unlawful assembly, shall be punishable
as a member of such unlawful assembly, and for any offence which may be
committed by any such person as a member of such unlawful assembly in pursuance
of such hiring, engagement or employment, in the same manner as if he had been
a member of such unlawful assembly, or himself had committed such offence.
151. Knowingly joining or
continuing in assembly of five or more persons after it has been commanded to
disperse.—Whoever knowingly joins or continues in any assembly of five or more
persons likely to cause a disturbance of the public peace, after such assembly
has been lawfully commanded to disperse, shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine,
or with both. Explanation.—If the assembly is an unlawful assembly within the
meaning of section 141, the offender will be punishable under section 145.
152. Assaulting or
obstructing public servant when suppressing riot, etc.—Whoever assaults or
threatens to assault, or obstructs or attempts to obstruct, any public servant
in the discharge of his duty as such public servant, in endeavouring to
disperse an unlawful assembly, or to suppress a riot or affray, or uses, or
threatens, or attempts to use criminal force to such public servant, shall be
punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
153. Wantonly giving
provocation with intent to cause riot—if rioting be committed—if not
committed.—Whoever malignantly, or wantonly, by doing anything which is
illegal, gives provocation to any person intending or knowing it to be likely
that such provocation will cause the offence of rioting to be committed, shall,
if the offence of rioting be committed in consequence of such provocation, be
punished with imprisonment of either description for a term which may extend
to one year, or with fine, or with both; and if the offence of rioting be not
committed, with imprisonment of either description for a term which may extend
to six months, or with fine, or with both.
157 [153A. Promoting
enmity between different groups on grounds of religion, race, place of birth,
residence, language, etc., and doing acts prejudicial to maintenance of
harmony.—
(1) Whoever—
(a) by words, either spoken
or written, or by signs or by visible representations or otherwise, promotes or
attempts to promote, on grounds of religion, race, place of birth, residence,
language, caste or community or any other ground whatsoever, disharmony or
feelings of enmity, hatred or ill-will between different religious, racial,
language or regional groups or castes or communities, or
(b) commits any act which is
prejudicial to the maintenance of harmony between different religious, racial,
language or regional groups or castes or communities, and which disturbs or is
likely to disturb the public tranquillity, 2[or] 2[(c) organizes any exercise,
movement, drill or other similar activity intending that the participants in
such activity shall use or be trained to use criminal force or violence or
knowing it to be likely that the participants in such activity will use or be
trained to use criminal force or violence, or participates in such activity
intending to use or be trained to use criminal force or violence or knowing it
to be likely that the participants in such activity will use or be trained to
use criminal force or violence, against any religious, racial, language or
regional group or caste or community and such activity for any reason
whatsoever causes or is likely to cause fear or alarm or a feeling of
insecurity amongst members of such religious, racial, language or regional
group or caste or community,] shall be punished with imprisonment which may
extend to three years, or with fine, or with both. Offence committed in place
of worship, etc.—(2) Whoever commits an offence specified in sub-section (1) in
any place of worship or in any assembly engaged in the performance of religious
worship or religious ceremonies, shall be punished with imprisonment which may
extend to five years and shall also be liable to fine.]
159 [153AA. Punishment for
knowingly carrying arms in any procession or organising, or holding or taking
part in any mass drill or mass training with arms.—Whoever knowingly carries
arms in any procession or organizes or holds or takes part in any mass drill or
mass training with arms in any public place in contravention of any public
notice or order issued or made under section 144A of the Code of Criminal
Procedure, 1973 shall be punished with imprisonment for a term which may extend
to six months and with fine which may extend to two thousand rupees.
Explanation.—”Arms” means articles of any description designed or adapted as
weapons for offence or defence and includes fire-arms, sharp edged weapons, lathis,
dandas and sticks.]
160 [153B. Imputations,
assertions prejudicial to national-integration.—
(1) Whoever, by words either
spoken or written or by signs or by visible representations or otherwise,—
(a) makes or publishes any
imputation that any class of persons cannot, by reason of their being members
of any religious, racial, language or regional group or caste or community,
bear true faith and allegiance to the Constitution of India as by law
established or uphold the sovereignty and integrity of India, or
(b) asserts, counsels,
advises, propagates or publishes that any class of persons shall, by reason of
their being members of any religious, racial, language or regional group or
caste or community, be denied or deprived of their rights as citizens of
India, or
(c) makes or publishes any
assertion, counsel, plea or appeal concerning the obligation of any class of
persons, by reason of their being members of any religious, racial, language or
regional group or caste or community, and such assertion, counsel, plea or
appeal causes or is likely to cause disharmony or feelings of enmity or hatred
or ill-will between such members and other persons, shall be punished with
imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an
offence specified in sub-section (1), in any place of worship or in any
assembly engaged in the performance of religious worship or religious
ceremonies, shall be punished with imprisonment which may extend to five years
and shall also be liable to fine.]
154. Owner or occupier of
land on which an unlawful assembly is held.—Whenever any unlawful assembly or
riot takes place, the owner or occupier of the land upon which such unlawful
assembly is held, or such riot is committed, and any person having or claiming
an interest in such land, shall be punishable with fine not exceeding one
thousand rupees, if he or his agent or manager, knowing that such offence is
being or has been committed, or having reason to believe it is likely to be
committed, do not give the earliest notice thereof in his or their power to the
principal officer at the nearest police-station, and do not, in the case of his
or their having reason to believe that it was about to be committed, use all
lawful means in his or their power to prevent it, and, in the event of its taking
place, do not use all lawful means in his or their power to disperse or
suppress the riot or unlawful assembly.
155. Liability of person for
whose benefit riot is committed.—Whenever a riot is committed for the benefit
or on behalf of any person who is the owner or occupier of any land, respecting
which such riot takes place or who claims any interest in such land, or in the
subject of any dispute which gave rise to the riot, or who has accepted or derived
any benefit therefrom, such person shall be punishable with fine, if he or his
agent or manager, having reason to believe that such riot was likely to be
committed or that the unlawful assembly by which such riot was committed was
likely to be held, shall not respectively use all lawful means in his or their
power to prevent such assembly or riot from taking place, and for suppressing
and dispersing the same.
156. Liability of agent of
owner or occupier for whose benefit riot is committed.—Whenever a riot is
committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place, or who claims any
interest in such land, or in the subject of any dispute which gave rise to the
riot, or who has accepted or derived any benefit therefrom, the agent or
manager of such person shall be punishable with fine, if such agent or manager,
having reason to believe that such riot was likely to be committed, or that the
unlawful assembly by which such riot was committed was likely to be held,
shall not use all lawful means in his power to prevent such riot or assembly
from taking place and for suppressing and dispersing the same.
157. Harbouring persons
hired for an unlawful assembly.—Whoever harbours, receives or assembles, in any
house or premises in his occupation or charge, or under his control any
persons, knowing that such persons have been hired, engaged or employed, or are
about to be hired, engaged or employed, to join or become members of an
unlawful assembly, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine, or with both.
158. Being hired to take
part in an unlawful assembly or riot.—Whoever is engaged, or hired, or offers
or attempts to be hired or engaged, to do or assist in doing any of the acts
specified in section 141, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine, or with both, or to go
armed.—and whoever, being so engaged or hired as aforesaid, goes armed, or
engages or offers to go armed, with any deadly weapon or with anything which
used as a weapon of offence is likely to cause death, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
159. Affray.—When two or
more persons, by fighting in a public place, disturb the public peace, they are
said to “commit an affray”.
160. Punishment for
committing affray.—Whoever commits an affray, shall be punished with
imprisonment of either description for a term which may extend to one month, or
with fine which may extend to one hundred rupees, or with both.
161. —[Rep. by the
Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]
162. —[Rep. by the
Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]
163. —[Rep. by the
Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]
164. —[Rep. by the
Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]
165. —[Rep. by the
Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]
165A. —[Rep. by the
Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]
166. Public servant
disobeying law, with intent to cause injury to any person.—Whoever, being a
public servant, knowingly disobeys any direction of the law as to the way in
which he is to conduct himself as such public servant, intending to cause, or
knowing it to be likely that he will, by such disobedience, cause injury to any
person, shall be punished with simple imprisonment for a term which may extend
to one year, or with fine, or with both. Illustration A, being an officer
directed by law to take property in execution, in order to satisfy a decree
pronounced in Z’s favour by a Court of Justice, knowingly disobeys that
direction of law, with the knowledge that he is likely thereby to cause injury
to Z. A has committed the offence defined in this section.
167. Public servant framing
an incorrect document with intent to cause injury.—Whoever, being a public
servant, and being, as 1[such public servant, charged with the preparation or
translation of any document or electronic record, frames, prepares or
translates that document or electronic record] in a manner which he knows or
believes to be incorrect, intending thereby to cause or knowing it to be likely
that he may thereby cause injury to any person, shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
168. Public servant
unlawfully engaging in trade.—Whoever, being a public servant, and being
legally bound as such public servant not to engage in trade, engages in trade,
shall be punished with simple imprisonment for a term which may extend to one
year, or with fine, or with both.
169. Public servant
unlawfully buying or bidding for property.—Whoever, being a public servant, and
being legally bound as such public servant, not to purchase or bid for certain
property, purchases or bids for that property, either in his own name or in the
name of another, or jointly, or in shares with others, shall be punished with
simple imprisonment for a term which may extend to two years, or with fine, or
with both; and the property, if purchased, shall be confiscated.
170. Personating a public
servant.—Whoever pretends to hold any particular office as a public servant,
knowing that he does not hold such office or falsely personates any other
person holding such office, and in such assumed character does or attempts to
do any act under colour of such office, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
171. Wearing garb or
carrying token used by public servant with fraudulent intent.—Whoever, not
belonging to a certain class of public servants, wears any garb or carries any
token resembling any garb or token used by that class of public servants, with
the intention that it may be believed, or with the knowledge that it is likely
to be believed, that he belongs to that class of public servants, shall be
punished with imprisonment of either description for a term which may extend
to three months, or with fine which may extend to two hundred rupees, or with
both.
162 [171A. “Candidate”,
“Electoral right” defined.—For the purposes of this Chapter—
163 [(a) “candidate” means
a person who has been nominated as a candidate at an election;]
(b) “electoral right” means
the right of a person to stand, or not to stand as, or to withdraw from being,
a candidate or to vote or refrain from voting at any election.]
164 [171B. Bribery.—
(1) Whoever—
(i) gives a gratification to
any person with the object of inducing him or any other person to exercise any
electoral right or of rewarding any person for having exercised any such right;
or
(ii) accepts either for
himself or for any other person any gratification as a reward for exercising
any such right or for inducing or attempting to induce any other person to
exercise any such right; commits the offence of bribery: Provided that a
declaration of public policy or a promise of public action shall not be an
offence under this section.
(2) A person who offers, or
agrees to give, or offers or attempts to procure, a gratification shall be
deemed to give a gratification.
(3) A person who obtains or
agrees to accept or attempts to obtain a gratification shall be deemed to
accept a gratification, and a person who accepts a gratification as a motive
for doing what he does not intend to do, or as a reward for doing what he has
not done, shall be deemed to have accepted the gratification as a reward.]
165 [171C. Undue influence
at elections.—
(1) Whoever voluntarily
interferes or attempts to interfere with the free exercise of any electoral right
commits the offence of undue influence at an election.
(2) Without prejudice to the
generality of the provisions of sub-section (1), whoever—
(a) threatens any candidate
or voter, or any person in whom a candidate or voter is interested, with injury
of any kind, or
(b) induces or attempts to
induce a candidate or voter to believe that he or any person in whom he is
interested will become or will be rendered an object of Divine displeasure or
of spiritual censure, shall be deemed to interfere with the free exercise of
the electoral right of such candidate or voter, within the meaning of
sub-section (1).
(3) A declaration of public
policy or a promise of public action, or the mere exercise of a legal right
without intent to interfere with an electoral right, shall not be deemed to be
interference within the meaning of this section.]
166 [171D. Personation at
elections.—Whoever at an election applies for a voting paper or votes in the
name of any other person, whether living or dead, or in a fictitious name, or
who having voted once at such election applies at the same election for a
voting paper in his own name, and whoever abets, procures or attempts to
procure the voting by any person in any such way, commits the offence or
personation at an election: 167 [Provided that nothing in
this section shall apply to a person who has been authorised to vote as proxy
for an elector under any law for the time being in force in so far as he votes
as a proxy for such elector.]]
168 [171E. Punishment for
bribery.—Whoever commits the offence of bribery shall be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both: Provided that bribery by treating shall be punished
with fine only. Explanation.—“Treating” means that form of bribery where the
gratification consists in food, drink, entertainment, or provision.]
169 [171F. Punishment for
undue influence or personation at an election.—Whoever commits the offence of
undue influence or personation at an election shall be punished with
imprisonment of either description for a term which may extend to one year or
with fine, or with both.]
170 [171G. False statement
in connection with an election.—Whoever with intent to affect the result of an
election makes or publishes any statement purporting to be a statement of fact
which is false and which he either knows or believes to be false or does not
believe to be true, in relation to the personal character or conduct of any
candidate shall be punished with fine.]
171 [171H. Illegal
payments in connection with an election.—Whoever without the general or special
authority in writing of a candidate incurs or authorises expenses on account
of the holding of any public meeting, or upon any advertisement, circular or
publication, or in any other way whatsoever for the purpose of promoting or
procuring the election of such candidate, shall be punished with fine which
may extend to five hundred rupees: Provided that if any person having incurred
any such expenses not exceeding the amount of ten rupees without authority
obtains within ten days from the date on which such expenses were incurred the
approval in writing of the candidate, he shall be deemed to have incurred such
expenses with the authority of the candidate.]
172 [171-I. Failure to
keep election accounts.—Whoever being required by any law for the time being in
force or any rule having the force of law to keep accounts of expenses incurred
at or in connection with an election fails to keep such accounts shall be
punished with fine which may extend to five hundred rupees.]
173. Preventing service of
summons or other proceeding, or preventing publication thereof.—Whoever in any
manner intentionally prevents the serving on himself, or on any other person,
of any summons, notice or order proceeding from any public servant legally
competent, as such public servant, to issue such summons, notice or order, or
intentionally prevents the lawful affixing to any place of any such summons,
notice or order, or intentionally removes any such summons, notice or order
from any place to which it is lawfully affixed, or intentionally prevents the
lawful making of any proclamation, under the authority of any public servant
legally competent, as such public servant, to direct such proclamation to be
made, shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by
agent, or 1[to produce a document or electronic record in a Court of Justice],
with simple imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
174. Non-attendance in
obedience to an order from public servant.—Whoever, being legally bound to
attend in person or by an agent at a certain place and time in obedience to a
summons, notice, order or proclamation proceeding from any public servant
legally competent, as such public servant, to issue the same, intentionally
omits to attend at that place or time, or departs from the place where he is
bound to attend before the time at which it is lawful for him to depart, shall
be punished with simple imprisonment for a term which may extend to one month,
or with fine which may extend to five hundred rupees, or with both, or, if the
summons, notice, order or proclamation is to attend in person or by agent in a
Court of Justice, with simple imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A, being legally bound
to appear before the 1[High Court] at Calcutta, in obedience to a subpoena
issuing from that Court, intentionally omits to appear. A has committed the
offence defined in this section.
(b) A, being legally bound
to appear before a 176 [District Judge], as a witness, in
obedience to a summons issued by that 2[District Judge] intentionally omits to
appear. A has committed the offence defined in this section.
1[174A. Non-appearance in
response to a proclamation under section 82 of Act 2 of 1974.—Whoever fails to
appear at the specified place and the specified time as required by a
proclamation published under sub‑section
(1) of section 82 of the
Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term
which may extend to three years or with fine or with both, and where a declaration
has been made under sub‑section (4) of that section pronouncing him as a
proclaimed offender, he shall be punished with imprisonment for a term which
may extend to seven years and shall also be liable to fine.]
175. Omission to produce
1[document or electronic record] to public servant by person legally bound to
produce it.—Whoever, being legally bound to produce or deliver up any
1[document or electronic record] of any public servant, as such, intentionally
omits so to produce or deliver up the same, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may
extend to five hundred rupees, or with both, or, if the 1[document or
electronic record] is to be produced or delivered up to a Court of Justice,
with simple imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both. Illustration A,
being legally bound to produce a document before a [District Court],
intentionally omits to produce the same. A has committed the offence defined in
this section.
176. Omission to give notice
or information to public servant by person legally bound to give it.—Whoever,
being legally bound to give any notice or to furnish information on any subject
to any public servant, as such, intentionally omits to give such notice or to
furnish such information in the manner and at the time required by law, shall be
punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five hundred rupees, or with both; or, if the
notice or information required to be given respects the commission of an
offence, or is required for the purpose of preventing the commission of an
offence, or in order to the apprehension of an offender, with simple
imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both; 179 [or, if the
notice or information required to be given is required by an order passed
under sub-section
(1) of section 565 of the
Code of Criminal Procedure, 1898 (5 of 1898) with imprisonment of either description
for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.]
177. Furnishing false
information.—Whoever, being legally bound to furnish information on any subject
to any public servant, as such, furnishes, as true, information on the subject
which he knows or has reason to believe to be false, shall be punished with
simple imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both; or, if the information
which he is legally bound to give respects the commission of an offence, or is
required for the purpose of preventing the commission of an offence, or in
order to the apprehension of an offender, with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
Illustrations
(a) A, a landholder, knowing
of the commission of a murder within the limits of his estate, wilfully
misinforms the Magistrate of the district that the death has occurred by
accident in consequence of the bite of a snake. A is guilty of the offence
defined in this section.
(b) A, a village watchman,
knowing that a considerable body of strangers has passed through his village in
order to commit a dacoity in the house of Z, a wealthy merchant residing in a
neighbouring place, and being bound under clause, 5, section VII, 1[Regulation
III, 1821], of the Bengal Code, to give early and punctual information of the
above fact to the officer of the nearest police station, wilfully misinforms
the police officer that a body of suspicious characters passed through the
village with a view to commit dacoity in a certain distant place in a different
direction. Here A is guilty of the offence defined in the later part of this
section. 2[Explanation.—In section 176 and in this section the word “offence”
includes any act committed at any place out of 3[India], which, if committed in
3[India], would be punishable under any of the following sections, namely, 302,
304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457,
458, 459 and 460; and the word “offender” includes any person who is alleged to
have been guilty of any such act.]
178. Refusing oath or
affirmation when duly required by public servant to make it.—Whoever refuses to
bind himself by an oath 1[or affirmation] to state the truth, when required so
to bind himself by a public servant legally competent to require that he shall
so bind himself, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to one thousand rupees,
or with both.
179. Refusing to answer
public servant authorised to question.—Whoever, being legally bound to state
the truth on any subject to any public servant, refuses to answer any question
demanded of him touching that subject by such public servant in the exercise of
the legal powers of such public servant, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
180. Refusing to sign
statement.—Whoever refuses to sign any statement made by him, when required to
sign that statement by a public servant legally competent to require that he
shall sign that statement, shall be punished with simple imprisonment for a
term which may extend to three months, or with fine which may extend to five
hundred rupees, or with both.
181. False statement on oath
or affirmation to public servant or person authorised to administer an oath or
affirmation.—Whoever, being legally bound by an oath 1[or affirmation] to state
the truth on any subject to any public servant or other person authorized by
law to administer such oath 2[or affirmation], makes, to such public servant or
other person as aforesaid, touching the subject, any statement which is false,
and which he either knows or believes to be false or does not believe to be
true, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
186 [182. False
information, with intent to cause public servant to use his lawful power to the
injury of another person.—Whoever gives to any public servant any information
which he knows or believes to be false, intending thereby to cause, or knowing
it to be likely that he will thereby cause, such public servant—
(a) to do or omit anything
which such public servant ought not to do or omit if the true state of facts
respecting which such information is given were known by him, or
(b) to use the lawful power
of such public servant to the injury or annoyance of any person, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A informs a Magistrate
that Z, a police-officer, subordinate to such Magistrate, has been guilty of
neglect of duty or misconduct, knowing such information to be false, and knowing
it to be likely that the information will cause the Magistrate to dismiss Z. A
has committed the offence defined in this section.
(b) A falsely informs a
public servant that Z has contraband salt in a secret place knowing such
information to be false, and knowing that it is likely that the consequence of
the information will be a search of Z’s premises, attended with annoyance to Z.
A has committed the offence defined in this section.
(c) A falsely informs a
policeman that he has been assaulted and robbed in the neighbourhood of a
particular village. He does not mention the name of any person as one of his
assistants, but knows it to be likely that in consequence of this information
the police will make enquiries and institute searches in the village to the
annoyance of the villages or some of them. A has committed an offence under
this section.]
183. Resistance to the
taking of property by the lawful authority of a public servant.—Whoever offers
any resistance to the taking of any property by the lawful authority of any
public servant, knowing or having reason to believe that he is such public servant,
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both.
184. Obstructing sale of
property offered for sale by authority of public servant.—Whoever intentionally
obstructs any sale of property offered for sale by the lawful authority of any
public servant, as such, shall be punished with imprisonment of either
description for a term which may extend to one month, or with fine which may
extend to five hundred rupees, or with both.
185. Illegal purchase or bid
for property offered for sale by authority of public servant.—Whoever, at any
sale of property held by the lawful authority of a public servant, as such, purchases
or bids for any property on account of any person, whether himself or any
other, whom he knows to be under a legal incapacity to purchase that property
at that sale, or bids for such property not intending to perform the
obligations under which he lays himself by such bidding, shall be punished with
imprisonment of either description for a term which may extend to one month, or
with fine which may extend to two hundred rupees, or with both.
186. Obstructing public
servant in discharge of public functions.—Whoever voluntarily obstructs any
public servant in the discharge of his public functions, shall be punished with
imprisonment of either description for a term which may extend to three months,
or with fine which may extend to five hundred rupees, or with both.
187. Omission to assist
public servant when bound by law to give assistance.—Whoever, being bound by
law to render or furnish assistance to any public servant in the execution of
his public duty, intentionally omits to give such assistance, shall be punished
with simple imprisonment for a term which may extend to one month, or with fine
which may extend to two hundred rupees, or with both; and if such assistance be
demanded of him by a public servant legally competent to make such demand for
the purposes of executing any process lawfully issued by a Court of Justice,
or of preventing the commission of an offence, or of suppressing a riot, or
affray, or of apprehending a person charged with or guilty of an offence, or of
having escaped from lawful custody, shall be punished with simple imprisonment
for a term which may extend to six months, or with fine which may extend to
five hundred rupees, or with both.
188. Disobedience to order
duly promulgated by public servant.—Whoever, knowing that, by an order promulgated
by a public servant lawfully empowered to promulgate such order, he is
directed to abstain from a certain act, or to take certain order with certain
property in his possession or under his management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction, annoyance or
injury, or risk of obstruction, annoyance or injury, to any person lawfully
employed, be punished with simple imprisonment for a term which may extend to
one month or with fine which may extend to two hundred rupees, or with both;
and if such disobedience causes or trends to cause danger to human life, health
or safety, or causes or tends to cause a riot or affray, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
Explanation.—It is not necessary that the offender should intend to produce
harm, or contemplate his disobedience as likely to produce harm. It is
sufficient that he knows of the order which he disobeys, and that his
disobedience produces, or is likely to produce, harm. Illustration An order is
promulgated by a public servant lawfully empowered to promulgate such order,
directing that a religious procession shall not pass down a certain street. A
knowingly disobeys the order, and thereby causes danger of riot. A has
committed the offence defined in this section.
189. Threat of injury to
public servant.—Whoever holds out any threat of injury to any public servant,
or to any person in whom he believes that public servant to be interested, for
the purpose of inducing that public servant to do any act, or to forbear or
delay to do any act, connected with the exercise of the public functions of
such public servant, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
190. Threat of injury to
induce person to refrain from applying for protection to public
servant.—Whoever holds out any threat of injury to any person for the purpose
of inducing that person to refrain or desist from making a legal application
for protection against any injury to any public servant legally empowered as
such to give such protection, or to cause such protection to be given, shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
191. Giving false
evidence.—Whoever, being legally bound by an oath or by an express provision of
law to state the truth, or being bound by law to make a declaration upon any
subject, makes any statement which is false, and which he either knows or believes
to be false or does not believe to be true, is said to give false evidence.
Explanation 1.—A statement is within the meaning of this section, whether it
is made verbally or otherwise. Explanation 2.—A false statement as to the
belief of the person attesting is within the meaning of this section, and a
person may be guilty of giving false evidence by stating that he believes a
thing which he does not believe, as well as by stating that he knows a thing
which he does not know. Illustrations
(a) A, in support of a just
claim which B has against Z for one thousand rupees, falsely swears on a trial
that he heard Z admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an
oath to state the truth, states that he believes a certain signature to be the
handwriting of Z, when he does not believe it to be the handwriting of Z. Here
A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general
character of Z’s handwriting, states that he believes a certain signature to be
the handwriting of Z; A in good faith believing it to be so. Here A’s statement
is merely as to his belief, and is true as to his belief, and therefore,
although the signature may not be the handwriting of Z, A has not given false
evidence.
(d) A, being bound by an
oath to state the truth, states that he knows that Z was at a particular place
on a particular day, not knowing anything upon the subject. A gives false
evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or
translator, gives or certifies as a true interpretation or translation of a
statement or document which he is bound by oath to interpret or translate
truly, that which is not and which he does not believe to be a true
interpretation or translation. A has given false evidence.
192. Fabricating false
evidence.—Whoever causes any circumstance to exist or 1[makes any false entry
in any book or record, or electronic record or makes any document or electronic
record containing a false statement], intending that such circumstance, false
entry or false statement may appear in evidence in a judicial proceeding, or
in a proceeding taken by law before a public servant as such, or before an
arbitrator, and that such circumstance, false entry or false statement, so appearing
in evidence, may cause any person who in such proceeding is to form an opinion
upon the evidence, to entertain an erroneous opinion touching any point
material to the result of such proceeding, is said “to fabricate false
evidence”. Illustrations
(a) A, puts jewels into a
box belonging to Z, with the intention that they may be found in that box, and
that this circumstance may cause Z to be convicted of theft. A has fabricated
false evidence.
(b) A makes a false entry in
his shop-book for the purpose of using it as corroborative evidence in a Court
of Justice. A has fabricated false evidence.
(c) A, with the intention of
causing Z to be convicted of a criminal conspiracy, writes a letter in
imitation of Z’s handwriting, purporting to be addressed to an accomplice in
such criminal conspiracy, and puts the letter in a place which he knows that
the officers of the Police are likely to search. A has fabricated false
evidence.
193. Punishment for false
evidence.—Whoever intentionally gives false evidence in any stage of a judicial
proceeding, or fabricates false evidence for the purpose of being used in any
stage of a judicial proceeding, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine, and whoever intentionally gives or fabricates false evidence in
any other case, shall be punished with imprisonment of either description for
a term which may extend to three years, and shall also be liable to fine.
Explanation 1.—A trial before a Court-martial; 1[***] is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding
before a Court of Justice, is a stage of a judicial proceeding, though that
investigation may not take place before a Court of Justice. Illustration A, in
an enquiry before a Magistrate for the purpose of ascertaining whether Z ought
to be committed for trial, makes on oath a statement which he knows to be
false. As this enquiry is a stage of a judicial proceeding, A has given false
evidence. Explanation 3.—An investigation directed by a Court of Justice
according to law, and conducted under the authority of a Court of Justice, is a
stage of a judicial proceeding, though that investigation may not take place
before a Court of Justice. Illustration A, in any enquiry before an officer
deputed by a Court of Justice to ascertain on the spot the boundaries of land,
makes on oath a statement which he knows to be false. As this enquiry is a
stage of a judicial proceeding. A has given false evidence.
194. Giving or fabricating
false evidence with intent to procure conviction of capital offence.—Whoever
gives or fabricates false evidence, intending thereby to cause, or knowing it
to be likely that he will thereby cause, any person to be convicted of an
offence which is capital 1[by the law for the time being in force in 2[India]]
shall be punished with 3[imprisonment for life], or with rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to fine; if
innocent person be thereby convicted and executed.—and if an innocent person be
convicted and executed in consequence of such false evidence, the person who
gives such false evidence shall be punished either with death or the punishment
hereinbefore described.
195. Giving or fabricating
false evidence with intent to procure conviction of offence punishable with
imprisonment for life or imprisonment.—Whoever gives or fabricates false
evidence intending thereby to cause, or knowing it to be likely that he will
thereby cause, any person to be convicted of an offence which 1[by the law for
the time being in force in 2[India]] is not capital, but punishable with
3[imprisonment for life], or imprisonment for a term of seven years or
upwards, shall be punished as a person convicted of that offence would be
liable to be punished. Illustration A gives false evidence before a Court of
Justice, intending thereby to cause Z to be convicted of a dacoity. The
punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for
a term which may extend to ten years, with or without fine. A, therefore, is
liable to 3[imprisonment for life] or imprisonment, with or without fine.
1[195A. 2[Threatening any
person to give false evidence].—Whoever threatens another with any injury to
his person, reputation or property or to the person or reputation of any one in
whom that person is interested, with intent to cause that person to give false
evidence shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both; and if innocent
person is convicted and sentenced in consequence of such false evidence, with
death or imprisonment for more than seven years, the person who threatens shall
be punished with the same punishment and sentence in the same manner and to the
same extent such innocent person is punished and sentenced.]
196. Using evidence known to
be false.—Whoever corruptly uses or attempts to use as true or genuine evidence
any evidence which he knows to be false or fabricated, shall be punished in the
same manner as if he gave or fabricated false evidence.
197. Issuing or signing
false certificate.—Whoever issues or signs any certificate required by law to
be given or signed, or relating to any fact of which such certificate is by law
admissible in evidence, knowing or believing that such certificate is false in
any material point, shall be punished in the same manner as if he gave false
evidence.
198. Using as true a
certificate known to be false.—Whoever corruptly uses or attempts to use any
such certificate as a true certificate, knowing the same to be false in any
material point, shall be punished in the same manner as if he gave false evidence.
199. False statement made in
declaration which is by law receivable as evidence.—Whoever, in any
declaration made or subscribed by him, which declaration any Court of Justice,
or any public servant or other person, is bound or authorised by law to receive
as evidence of any fact, makes any statement which is false, and which he
either knows or believes to be false or does not believe to be true, touching
any point material to the object for which the declaration is made or used,
shall be punished in the same manner as if he gave false evidence.
200. Using as true such
declaration knowing it to be false.—Whoever corruptly uses or attempts to use
as true any such declaration, knowing the same to be false in any material
point, shall be punished in the same manner as if he gave false evidence.
Explanation.—A declaration which is inadmissible merely upon the ground of some
informality, is a declaration within the meaning of sections 199 to 200.
201. Causing disappearance
of evidence of offence, or giving false information to screen
offender.—Whoever, knowing or having reason to believe that an offence has been
committed, causes any evidence of the commission of that offence to disappear,
with the intention of screening the offender from legal punishment, or with
that intention gives any information respecting the offence which he knows or
believes to be false; if a capital offence.—shall, if the offence which he
knows or believes to have been committed is punishable with death, be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine; if punishable with imprisonment for
life.—and if the offence is punishable with 1[imprisonment for life], or with
imprisonment which may extend to ten years, shall be punished with imprisonment
of either description for a term which may extend to three years, and shall
also be liable to fine; if punishable with less than ten years’
imprisonment.—and if the offence is punishable with imprisonment for any term
not extending to ten years, shall be punished with imprisonment of the
description provided for the offence, for a term which may extend to one-fourth
part of the longest term of the imprisonment provided for the offence, or with
fine, or with both. Illustration A, knowing that B has murdered Z, assists B to
hide the body with the intention of screening B from punishment. A is liable to
imprisonment of either description for seven years, and also to fine.
202. Intentional omission to
give information of offence by person bound to inform.—Whoever, knowing or
having reason to believe that an offence has been committed, intentionally
omits to give any information respecting that offence which he is legally bound
to give, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.
203. Giving false
information respecting an offence committed.—Whoever knowing or having reason
to believe that an offence has been committed, gives any information respecting
that offence which he knows or believes to be false, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both. 1[Explanation.—In sections 201 and 202 and in this
section the word “offence”, includes any act committed at any place out of
2[India], which, if committed in 2[India], would be punishable under any of the
following sections, namely, 302, 304, 382, 392 393, 394, 395, 396, 397, 398,
399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.]
204. Destruction of
1[document or electronic record] to prevent its production as evidence.—Whoever
secretes or destroys any 1[document or electronic record] which he may be
lawfully compelled to produce as evidence in a Court of Justice, or in any
proceeding lawfully held before a public servant, as such, or obliterates or
renders illegible the whole or any part of such 1[document or electronic
record] with the intention of preventing the same from being produced or used
as evidence before such Court or public servant as aforesaid, or after he shall
have been lawfully summoned or required to produce the same for that purpose,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
205. False personation for
purpose of act or proceeding in suit or prosecution.—Whoever falsely personates
another, and in such assumed character makes any admission or statement, or confesses
judgment, or causes any process to be issued or becomes bail or security, or
does any other act in any suit or criminal prosecution, shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
206. Fraudulent removal or
concealment of property to prevent its seizure as forfeited or in
execution.—Whoever fraudulently removes, conceals, transfers or delivers to any
person any property or any interest therein, intending thereby to prevent that
property or interest therein from being taken as a forfeiture or in
satisfaction of a fine, under a sentence which has been pronounced, or which he
knows to be likely to be pronounced, by a Court of Justice or other competent
authority, or from being taken in execution of a decree or order which has been
made, or which he knows to be likely to be made by a Court of Justice in a
civil suit, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
207. Fraudulent claim to
property to prevent its seizure as forfeited or in execution.—Whoever
fraudulently accepts, receives or claims any property or any interest therein,
knowing that he has no right or rightful claim to such property or interest, or
practices any deception touching any right to any property or any interest
therein, intending thereby to prevent that property or interest therein from
being taken as a forfeiture or in satisfaction of a fine, under a sentence
which has been pronounced, or which he knows to be likely to be pronounced by a
Court of Justice or other competent authority, or from being taken in execution
of a decree or order which has been made, or which he knows to be likely to be
made by a Court of Justice in a civil suit, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.
208. Fraudulently suffering
decree for sum not due.—Whoever fraudulently causes or suffers a decree or
order to be passed against him at the suit of any person for a sum not due or
for a larger sum than is due to such person or for any property or interest in
property to which such person is not entitled, or fraudulently causes or
suffers a decree or order to be executed against him after it has been
satisfied, or for anything in respect of which it has been satisfied, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both. Illustration A institutes a suit against
Z. Z knowing that A is likely to obtain a decree against him, fraudulently
suffers a judgment to pass against him for a larger amount at the suit of B,
who has no just claim against him, in order that B, either on his own account
or for the benefit of Z, may share in the proceeds of any sale of Z’s property
which may be made under A’s decree. Z has committed an offence under this
section.
209. Dishonestly making
false claim in Court.—Whoever fraudulently or dishonestly, or with intent to
injure or annoy any person, makes in a Court of Justice any claim which he
knows to be false, shall be punished with imprisonment of either description
for a term which may extend to two years, and shall also be liable to fine.
210. Fraudulently obtaining
decree for sum not due.—Whoever fraudulently obtains a decree or order against
any person for a sum not due or for a larger sum than is due, or for any
property or interest in property to which he is not entitled, or fraudulently
causes a decree or order to be executed against any person after it has been
satisfied or for anything in respect of which it has been satisfied, or
fraudulently suffers or permits any such act to be done in his name, shall be
punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
211. False charge of offence
made with intent to injure.—Whoever, with intent to cause injury to any
person, institutes or causes to be instituted any criminal proceeding against
that person, or falsely charges any person with having committed an offence,
knowing that there is no just or lawful ground for such proceeding or charge
against that person, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both; and if
such criminal proceeding be instituted on a false charge of an offence
punishable with death, 1[imprisonment for life], or imprisonment for seven
years or upwards, shall be punishable with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
212. Harbouring
offender.—Whenever an offence has been committed, whoever harbours or conceals
a person whom he knows or has reason to believe to be the offender, with the
intention of screening him from legal punishment; if a capital offence.—shall,
if the offence is punishable with death, be punished with imprisonment of
either description for a term which may extend to five years, and shall also be
liable to fine; if punishable with imprisonment for life, or with
imprisonment.—and if the offence is punishable with 1[imprisonment for life],
or with imprisonment which may extend to ten years, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine; and if the offence is punishable with
imprisonment which may extend to one year, and not to ten years, shall be
punished with imprisonment of the description provided for the offence for a
term which may extend to one-fourth part of the longest term of imprisonment
provided for the offence, or with fine, or with both. 2[“Offence” in this
section includes any act committed at any place out of 3[India], which, if
committed in 3[India], would be punishable under any of the following sections,
namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436,
449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of
this section, be deemed to be punishable as if the accused person had been
guilty of it in 3[India].]
(Exception) —This provision
shall not extend to any case in which the harbour or concealment is by the
husband or wife of the offender. Illustration A, knowing that B has committed
dacoity, knowingly conceals B in order to screen him from legal punishment.
Here, as B is liable to 1[imprisonment for life], A is liable to imprisonment
of either description for a term not exceeding three years, and is also liable
to fine.
213. Taking gift, etc., to
screen an offender from punishment.—Whoever accepts or attempts to obtain, or
agrees to accept, any gratification for himself or any other person, or any
restitution of property to himself or any other person, in consideration of his
concealing an offence or of his screening any person from legal punishment for
any offence, or of his not proceeding against any person for the purpose of
bringing him to legal punishment, if a capital offence.—shall, if the offence
is punishable with death, be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—and if the
offence is punishable with 1[imprisonment for life], or with imprisonment which
may extend to ten years, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine; and if the offence is punishable with imprisonment not extending
to ten years, shall be punished with imprisonment of the description provided
for the offence for a term which may extend to one-fourth part of the longest
term of imprisonment provided for the offence, or with fine, or with both.
214. Offering gift or
restoration of property in consideration of screening offender.—Whoever gives
or causes, or offers or agrees to give or cause, any gratification to any
person, or 206 [restores or causes the restoration of] any
property to any person, in consideration of that person’s concealing an
offence, or of his screening any person from legal punishment for any offence,
or of his not proceeding against any person for the purpose of bringing him to
legal punishment; if a capital offence.—shall, if the offence is punishable
with death, be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine; if
punishable with imprisonment for life, or with imprisonment.—and if the offence
is punishable with 207 [imprisonment for life], or with
imprisonment which may extend to ten years, shall be punished with imprisonment
of either description for a term which may extend to three years, and shall
also be liable to fine; and if the offence is punishable with imprisonment not
extending to ten years, shall be punished with imprisonment of the description
provided for the offence for a term which may extend to one-fourth part of the
longest term of imprisonment provided for the offence, or with fine, or with
both. 3[Exception.—The provisions of sections 213 and 214 do not extend to any
case in which the offence may lawfully be compounded.] 4[***]
215. Taking gift to help to
recover stolen property, etc.—Whoever takes or agrees or consents to take any
gratification under pretence or on account of helping any person to recover any
movable property of which he shall have been deprived by any offence punishable
under this Code, shall, unless he uses all means in his power to cause the
offender to be apprehended and convicted of the offence, be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
216. Harbouring offender who
has escaped from custody or whose apprehension has been ordered.—Whenever any
person convicted of or charged with an offence, being in lawful custody for
that offence, escapes from such custody; or whenever a public servant, in the
exercise of the lawful powers of such public servant, orders a certain person
to be apprehended for an offence, whoever, knowing of such escape or order for
apprehension, harbours of conceals that person with the intention of preventing
him from being apprehended, shall be punished in the manner following that is
to say,— if a capital offence.—if the offence for which the person was in
custody or is ordered to be apprehended is punishable with death, he shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine; if punishable with imprisonment
for life, or with imprisonment.—if the offence is punishable with
1[imprisonment for life], or imprisonment for ten years, he shall be punished
with imprisonment of either description for a term which may extend to three
years, with or without fine; and if the offence is punishable with imprisonment
which may extend to one year and not to ten years, he shall be punished with
imprisonment of the description provided for the offence for a term which may
extend to one-fourth part of the longest term of the imprisonment provided for
such offence, or with fine, or with both. 2[“Offence” in this section includes
also any act or omission of which a person is alleged to have been guilty out
of 3[India], which, if he had been guilty of it in 3[India], would have been
punishable as an offence, and for which he is, under any law relating to
extradition, 4[***] or otherwise, liable to be apprehended or detained in
custody in 3[India]; and every such act or omission shall, for the purposes of
this section, be deemed to be punishable as if the accused person had been
guilty of it in 3[India].]
(Exception) —This provision
does not extend to the case in which the harbour or concealment is by the
husband or wife of the person to be apprehended.
214 [216A. Penalty for
harbouring robbers or dacoits.—Whoever, knowing or having reason to believe
that any persons are about to commit or have recently committed robbery or
dacoity, harbours them or any of them, with the intention of facilitating the
commission of such robbery or dacoity or of screening them or any of them from
punishment, shall be punished with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine. Explanation.—For the purposes
of this section it is immaterial whether the robbery or dacoity is intended to
be committed, or has been committed, within or without 2[India].
(Exception) —This provision
does not extend to the case in which the harbour is by the husband or wife of
the offender.]
216 [216B. Definition of
“harbour” in sections 212, 216 and 216A.—[Rep. by the Indian Penal Code
(Amendment) Act, 1942 (8 of 1942), sec. 3.]]
217. Public servant
disobeying direction of law with intent to save person from punishment or
property from forfeiture.—Whoever, being a public servant, knowingly disobeys
any direction of the law as to the way in which he is to conduct himself as
such public servant, intending thereby to save, or knowing it to be likely that
he will thereby save, any person from legal punishment, or subject him to a
less punishment than that to which he is liable, or with intent to save, or
knowing that he is likely thereby to save, any property from forfeiture or any
charge to which it is liable by law, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
218. Public servant framing
incorrect record or writing with intent to save person from punishment or
property from forfeiture.—Whoever, being a public servant, and being as such
public servant, charged with the preparation of any record or other writing,
frames that record or writing in a manner which he knows to be incorrect, with
intent to cause, or knowing it to be likely that he will thereby cause, loss or
injury to the public or to any person, or with intent thereby to save, or
knowing it to be likely that he will thereby save, any person from legal punishment,
or with intent to save, or knowing that he is likely thereby to save, any
property from forfeiture or other charge to which it is liable by law, shall be
punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
219. Public servant in
judicial proceeding corruptly making report, etc., contrary to law.—Whoever,
being a public servant, corruptly or maliciously makes or pronounces in any
stage of a judicial proceeding, any report, order, verdict, or decision which
he knows to be contrary to law, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with
both.
220. Commitment for trial or
confinement by person having authority who knows that he is acting contrary to
law.—Whoever, being in any office which gives him legal authority to commit
persons for trial or to confinement, or to keep persons in confinement, corruptly
or maliciously commits any person for trial or to confinement, or keeps any
person in confinement, in the exercise of that authority knowing that in so
doing he is acting contrary to law, shall be punished with imprisonment of
either description for a term which may extend to seven years, or with fine, or
with both.
221. Intentional omission to
apprehend on the part of public servant bound to apprehend.—Whoever, being a
public servant, legally bound as such public servant to apprehend or to keep in
confinement any person charged with or liable to apprehended for an offence,
intentionally omits to apprehend such person, or intentionally suffers such
person to escape, or intentionally aids such person in escaping or attempting
to escape from such confinement, shall be punished as follows, that is to say:—
with imprisonment of either description for a term which may extend to seven
years, with or without fine, if the person in confinement, or who ought to have
been apprehended, was charged with, or liable to be apprehended for, an offence
punishable with death; or with imprisonment of either description for a term
which may extend to three years, with or without fine, if the person in
confinement, or who ought to have been apprehended, was charged with, or liable
to be apprehended for, an offence punishable with 1[imprisonment for life] or
imprisonment for a term which may extend to ten years; or with imprisonment of
either description for a term which may extend to two years, with or without
fine, if the person in confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for, an offence punishable with
imprisonment for a term less than ten years.
222. Intentional omission to
apprehend on the part of public servant bound to apprehend person under
sentence or lawfully committed.—Whoever, being a public servant, legally bound
as such public servant to apprehend or to keep in confinement any person under
sentence of a Court of Justice for any offence 1[or lawfully committed to
custody], intentionally omits to apprehend such person, or intentionally
suffers such person to escape or intentionally aids such person in escaping or
attempting to escape from such confinement, shall be punished as follows, that
is to say:— with 2[imprisonment for life] or with imprisonment of either
description for a term which may extend to fourteen years, with or without
fine, if the person in confinement, or who ought to have been apprehended, is
under sentence of death; or with imprisonment of either description for a term
which may extend to seven years, with or without fine, if the person in
confinement or who ought to have been apprehended, is subject, by a sentence of
a Court of Justice, or by virtue of a commutation of such sentence, to
2[imprisonment for life] 3[***] 4[***] 5[***] 6[***] or imprisonment for a term
of ten years or upwards; or with imprisonment of either description for a term
which may extend to three years, or with fine, or with both, if the person in
confinement, or who ought to have been apprehended is subject, by a sentence of
a Court of Justice, to imprisonment for a term not exceeding to ten years 7[or
if the person was lawfully committed to custody].
223. Escape from confinement
or custody negligently suffered by public servant.—Whoever, being a public
servant legally bound as such public servant to keep in confinement any person
charged with or convicted of any offence 1[or lawfully committed to custody],
negligently suffers such person to escape from confinement, shall be punished
with simple imprisonment for a term which may extend to two years, or with
fine, or with both.
224. Resistance or
obstruction by a person to his lawful apprehension.—Whoever intentionally
offers any resistance or illegal obstruction to the lawful apprehension of
himself for any offence with which he is charged or of which he has been
convicted, or escapes or attempts to escape from any custody in which he is
lawfully detained for any such offence, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both. Explanation.—The punishment in this section is in addition to the
punishment for which the person to be apprehended or detained in custody was
liable for the offence with which he was charged, or of which he was convicted.
225. Resistance or
obstruction to lawful apprehension of another person.—Whoever intentionally
offers any resistance or illegal obstruction to the lawful apprehension of any
other person for an offence, or rescues or attempts to rescue any other person
from any custody in which that person is lawfully detained for an offence,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both; or, if the person to be
apprehended, or the person rescued or attempted to be rescued, is charged with
or liable to be apprehended for an offence punishable with 1[imprisonment for
life] or imprisonment for a term which may extend to ten years, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine; or, if the person to be
apprehended, or the person attempted to be rescued, is charged with or liable
to be apprehended for an offence punishable with death, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine; or, if the person to be apprehended or
rescued, or attempted to be rescued, is liable under the sentence of a Court of
Justice, or by virtue of a commutation of such a sentence, to 1[imprisonment
for life] 2[***] 3[***] 4[***] or imprisonment, for a term of ten years or upwards,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine; or, if the person to
be apprehended or rescued, or attempted to be rescued, is under sentence of
death, shall be punished with 1[imprisonment for life] or imprisonment of either
description for a term not exceeding ten years, and shall also be liable to
fine.
230 [225A. Omission to
apprehend, or sufferance of escape, on part of public servant, in cases not
otherwise, provided for.—Whoever, being a public servant legally bound as such
public servant to apprehend, or to keep in confinement, any person in any case
not provided for in section 221, section 222 or section 223, or in any other
law for the time being in force, omits to apprehend that person or suffers him
to escape from confinement, shall be punished—
(a) if he does so
intentionally, with imprisonment of either description for a term which may
extend to three years, or with fine, or with both; and
(b) if he does so
negligently, with simple imprisonment for a term which may extend to two years,
or with fine, or with both.]
231 [225B. Resistance or
obstruction to lawful apprehension, or escape or rescue in cases not otherwise
provided for.—Whoever, in any case not provided for in section 224 or section
225 or in any other law for the time being in force, intentionally offers any
resistance or illegal obstruction to the lawful apprehension of himself or of
any other person, or escapes or attempts to escape from any custody in which he
is lawfully detained, or rescues or attempts to rescue any other person from
any custody in which that person is lawfully detained, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine, or with both.]
226. Unlawful return from
transportation.—[Rep. by the Code of Criminal Procedure (Amendment) Act, 1955
(26 of 1955), sec. 117 and Sch. (w.e.f. 1-1-1956).]
227. Violation of condition
of remission of punishment.—Whoever, having accepted any conditional remission
of punishment, knowingly violates any condition on which such remission was
granted, shall be punished with the punishment to which he was originally
sentenced, if he has already suffered no part of that punishment, and if he has
suffered any part of that punishment, then with so much of that punishment as
he has not already suffered.
228. Intentional insult or
interruption to public servant sitting in judicial proceeding.—Whoever
intentionally offers any insult, or causes any interruption to any public
servant, while such public servant is sitting in any stage of a judicial
proceeding, shall be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both. State Amendment Andhra Pradesh.—In Andhra Pradesh offence under
section 228 is cognizable. [Vide A.P.G.O. Ms. No. 732, dated 5th December,
1991].
232 [228A. Disclosure of
identity of the victim of certain offences etc.—
(1) Whoever prints or
publishes the name or any matter which may make known the identity of any
person against whom an offence under section 376, section 376A, section 376B,
section 376C or section 376D is alleged or found to have been committed
(hereafter in this section referred to as the victim) shall be punished with
imprisonment of either description for a term which may extend to two years and
shall also be liable to fine.
(2) Nothing in sub-section
(1) extends to any printing or publication of the name or any matter which may
make known the identity of the victim if such printing or publication is—
(a) by or under the order in
writing of the officer-in-charge of the police station or the police officer
making the investigation into such offence acting in good faith for the
purposes of such investigation; or
(b) by, or with the
authorisation in writing of, the victim; or
(c) where the victim is dead
or minor or of unsound mind, by, or with the authorisation in writing of, the
next of kin of the victim: Provided that no such authorisation shall be given
by the next of kin to anybody other than the chairman or the secretary, by
whatever name called, of any recognised welfare institution or organisation.
Explanation.—For the purposes of this sub-section, “recognised welfare
institution or organisation” means a social welfare institution or organisation
recognised in this behalf by the Central or State Government.
(3) Whoever prints or
publishes any matter in relation to any proceeding before a court with respect
to an offence referred to in sub-section (1) without the previous permission of
such Court shall be punished with imprisonment of either description for a term
which may extend to two years and shall also be liable to fine.
Explanation.—The printing or publication of the judgment of any High Court or
the Supreme Court does not amount to an offence within the meaning of this
section.]
229. Personation of a juror
or assessor.—Whoever, by personation or otherwise, shall intentionally cause,
or knowingly suffer himself to be returned, empanelled or sworn as a juryman or
assessor in any case in which he knows that he is not entitled by law to be so
returned, empanelled or sworn, or knowing himself to have been so returned,
empanelled or sworn contrary to law, shall voluntarily serve on such jury or as
such assessor, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
233 [229A. Failure by
person released on bail or bond to appear in Court.—Whoever, having been
charged with an offence and released on bail or on bond without sureties, fails
without sufficient cause (the burden of proving which shall lie upon him), to
appear in Court in accordance with the terms of the bail or bond, shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both. Explanation.—The punishment under this
section is—
(a) in addition to the
punishment to which the offender would be liable on a conviction for the
offence with which he has been charged; and
(b) without prejudice to the
power of the Court to order forfeiture of the bond.]
230. “Coin” defined.—1[Coin
is metal used for the time being as money, and stamped and issued by the
authority of some State or Sovereign Power in order to be so used.] Indian
coin.—2[Indian coin is metal stamped and issued by the authority of the
Government of India in order to be used as money; and metal which has been so
stamped and issued shall continue to be Indian coin for the purposes of this Chapter,
notwithstanding that it may have ceased to be used as money.] Illustrations
(a) Cowries are not coin.
(b) Lumps of unstamped
copper, though used as money, are not coin.
(c) Medals are not coin, in
as much as they are not intended to be used as money.
(d) The coin denominated as
the Company’s rupee is 3[Indian coin].
237 [(e) The “Farukhabad
rupee” which was formerly used as money under the authority of the Government
of India is 4[Indian coin] although it is no longer so used].
231. Counterfeiting
coin.—Whoever counterfeits or knowingly performs any part of the process of
counterfeiting coin, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—A person commits this offence who intending to practise deception,
or knowing it to be likely that deception will thereby be practised, causes a
genuine coin to appear like a different coin.
232. Counterfeiting Indian
coin.—Whoever counterfeits, or knowingly performs any part of the process of
counterfeiting 1[Indian coin], shall be punished with 2[imprisonment for life],
or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
233. Making or selling
instrument for counterfeiting coin.—Whoever makes or mends, or performs any
part of the process of making or mending, or buys, sells or disposes of, any
die or instrument, for the purpose of being used, or knowing or having reason
to believe that it is intended to be used, for the purpose of counterfeiting
coin, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
234. Making or selling
instrument for counterfeiting Indian coin.—Whoever makes or mends, or performs
any part of the process of making or mending, or buys, sells or disposes of,
any die or instrument, for the purpose of being used, or knowing or having
reason to believe that it is intended to be used, for the purpose of
counterfeiting 1[Indian coin], shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
235. Possession of
instrument, or material for the purpose of using the same for counterfeiting
coin.—Whoever is in possession of any instrument or material, for the purpose
of using the same for counterfeiting coin, or knowing or having reason to
believe that the same is intended to be used for that purpose, shall be
punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine; if Indian coin.—and if the
coin to be counterfeited is 1[Indian coin], shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.
236. Abetting in India the
counterfeiting out of India of coin.—Whoever, being within 242 [India],
abets the counterfeiting of coin out of 242 [India], shall
be punished in the same manner as if he abetted the counterfeiting of such coin
within 242 [India].
237. Import or export of
counterfeit coin.—Whoever imports into 1[India], or exports therefrom, any
counterfeit coin, knowing or having reason to believe that the same is
counterfeit, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
238. Import or export of
counterfeits of the Indian coin.—Whoever imports into 244 [India],
or exports therefrom, any counterfeit coin, which he knows or has reason to
believe to be a counterfeit of 245 [Indian coin], shall be
punished with 246 [imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
239. Delivery of coin,
possessed with knowledge that it is counterfeit.—Whoever, having any
counterfeit coin, which at the time when he became possessed of it knew to be
counterfeit, fraudulently or with intent that fraud may be committed, delivers
the same to any person, or attempts to induce any person to receive it shall be
punished with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.
240. Delivery of Indian
coin, possessed with knowledge that it is counterfeit.—Whoever, having any
counterfeit coin which is a counterfeit of 1[Indian coin], and which, at the
time when he became possessed of it, he knew to be a counterfeit of 1[Indian
coin], fraudulently or with intent that fraud may be committed, delivers the
same to any person, or attempts to induce any person to receive it shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
241. Delivery of coin as
genuine, which, when first possessed, the deliverer did not know to be
counterfeit.—Whoever delivers to any other person as genuine, or attempts to
induce any other person to receive as genuine, any counterfeit coin which he
knows to be counterfeit, but which he did not know to be counterfeit at the
time when he took it into his possession, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine to
an amount which may extend to ten times the value of the coin counterfeited, or
with both Illustration A, a coiner, delivers counterfeit Company’s rupees to
his accomplice B, for the purpose of uttering them. B sells the rupees to C,
another utterer, who buys them knowing them to be counterfeit. C pays away the
rupees for goods to D, who receives them, not knowing them to be counterfeit.
D, after receiving the rupees, discovers that they are counterfeit and pays
them away as if they were good. Here D is punishable only under this section,
but B and C are punishable under section 239 or 240, as the case may be.
242. Possession of
counterfeit coin by person who knew it to be counterfeit when he became
possessed thereof.—Whoever, fraudulently or with intent that fraud may be
committed, is in possession of counterfeit coin, having known at the time when
he became possessed thereof that such coin was counterfeit, shall be punished
with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
243. Possession of Indian
coin by person who knew it to be counterfeit when he became possessed
thereof.—Whoever, fraudulently or with intent that fraud may be committed, is
in possession of counterfeit coin, which is a counterfeit of 1[Indian coin],
having known at the time when he became possessed of it that it was
counterfeit, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
244. Person employed in mint
causing coin to be of different weight or composition from that fixed by
law.—Whoever, being employed in any mint lawfully established in 1[India], does
any act, or omits what he is legally bound to do, with the intention of causing
any coin issued from that mint to be of a different weight or composition from
the weight or composition fixed by law, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine.
245. Unlawfully taking
coining instrument from mint.—Whoever, without lawful authority, takes out of
any mint, lawfully established in 1[India], any coining tool or instrument,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
246 Fraudulently or dishonestly
diminishing weight or altering composition of coin. —Whoever fraudulently or
dishonestly performs on any coin any operation which diminishes the weight or
alters the composition of that coin, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also
be liable to fine. Explanation. —A person who scoops out part of the coin and
puts anything else into the cavity alters the composition of that coin.
247. Fraudulently or
dishonestly diminishing weight or altering composition of Indian coin.—Whoever
fraudulently or dishonestly performs on 1[any Indian coin] any operation which
diminishes the weight or alters the composition of that coin, shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
248. Altering appearance of
coin with intent that it shall pass as coin of different description.—Whoever
performs on any coin any operation which alters the appearance of that coin,
with the intention that the said coin shall pass as a coin of a different
description, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
249. Altering appearance of
Indian coin with intent that it shall pass as coin of different
description.—Whoever performs on 1[any Indian coin] any operation which alters
the appearance of that coin, with the intention that the said coin shall pass
as a coin of a different description, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine.
250. Delivery of coin,
possessed with knowledge that it is altered.—Whoever, having coin in his
possession with respect to which the offence defined in section 246 or 248 has
been committed, and having known at the time when he became possessed of such
coin that such offence had been committed with respect to it, fraudulently or
with intent that fraud may be committed, delivers such coin to any other
person, or attempts to induce any other person to receive the same, shall be
punished with imprisonment of either description for a term which may extend
to five years, and shall also be liable to fine.
251. Delivery of Indian
coin, possessed with knowledge that it is altered.—Whoever, having coin in his
possession with respect to which the offence defined in section 247 or 249 has
been committed, and having known at the time when he became possessed of such
coin that such offence had been committed with respect to it, fraudulently or
with intent that fraud may be committed, delivers such coin to any other
person, or attempts to induce any other person to receive the same, shall be
punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
252. Possession of coin by
person who knew it to be altered when he became possessed thereof.—Whoever,
fraudulently or with intent that fraud may be committed, is in possession of
coin with respect to which the offence defined in either of the section 246 or
248 has been committed, having known at the time of becoming possessed thereof
that such offence had been committed with respect to such coin, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.
253. Possession of Indian
coin by person who knew it to be altered when he became possessed
thereof.—Whoever, fraudulently or with intent that fraud may be committed, is
in possession of coin with respect to which the offence defined in either of
the section 247 or 249 has been committed, having known at the time of
becoming possessed thereof, that such offence had been committed with respect
to such coin, shall be punished with imprisonment of either description for a
term which may extend to five years, and shall also be liable to fine.
254. Delivery of coin as
genuine, which, when first possessed, the deliverer did not know to be
altered.—Whoever delivers to any other person as genuine or as a coin of a different
description from what it is, or attempts to induce any person to receive as
genuine, or as a different coin from what it is, any coin in respect of which
he knows that any such operation as that mentioned in section 246, 247, 248 or
249 has been performed, but in respect of which he did not, at the time when he
took it into his possession, know that such operation had been performed, shall
be punished with imprisonment of either description for a term which may extend
to two years, or with fine to an amount which may extend to ten times the value
of the coin for which the altered coin is passed, or attempted to be passed.
255. Counterfeiting
Government stamp.—Whoever counterfeits, or knowingly performs any part of the
process of counterfeiting, any stamp issued by Government for the purpose of
revenue, shall be punished with 1[imprisonment for life], or with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine. Explanation.—A person commits this offence who counterfeits
by causing a genuine stamp of one denomination to appear like a genuine stamp
of a different denomination.
256. Having possession of
instrument or material for counterfeiting Government stamp.—Whoever has in his
possession any instrument or material for the purpose of being used, or
knowing or having reason to believe that it is intended to be used, for the
purpose of counterfeiting any stamp issued by Government for the purpose of
revenue, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
257. Making or selling
instrument for counterfeiting Government stamp.—Whoever makes or performs any
part of the process of making, or buys, or sells, or disposes of, any
instrument for the purpose of being used, or knowing or having reason to
believe that it is intended to be used, for the purpose of counterfeiting any
stamp issued by Government for the purpose of revenue, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
258. Sale of counterfeit
Government stamp.—Whoever, sells, or offers for sale, any stamp which he knows
or has reason to believe to be a counterfeit of any stamp issued by Government
for the purpose of revenue, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
259. Having possession of
counterfeit Government stamp.—Whoever has in his possession any stamp which he
knows to be a counterfeit of any stamp issued by Government for the purpose of
revenue, intending to use, or dispose of the same as a genuine stamp, or in
order that it may be used as a genuine stamp, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
260. Using as genuine a
Government stamp known to be a counterfeit.—Whoever uses as genuine any stamp,
knowing it to be counterfeit of any stamp issued by Government for the purpose
of revenue, shall be punished with imprisonment of either description for a
term which may extend to seven years, or with fine, or with both.
261. Effacing, writing from
substance bearing Government stamp, or removing from document a stamp used for
it, with intent to cause loss to Government.—Whoever, fraudulently or with
intent to cause loss to the Government, removes or effaces from any substance,
bearing any stamp issued by Government for the purpose of revenue, any writing
or document for which such stamp has been used, or removes from any writing or
document a stamp which has been used for such writing or document, in order
that such stamp may be used for a different writing or document, shall be punished
with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
262. Using Government stamp
known to have been before used.—Whoever, fraudulently or with intent to cause
loss to the Government, uses for any purpose a stamp issued by Government for
the purpose of revenue, which he knows to have been before used, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
263. Erasure of mark
denoting that stamp has been used.—Whoever, fraudulently or with intent to
cause loss to Government, erases or removes from a stamp issued by the
Government for the purpose of revenue, any mark, put or impressed upon such
stamp for the purpose of denoting that the same has been used, or knowingly has
in his possession or sells or disposes of any such stamp from which such mark
has been erased or removed, or sells or disposes of any such stamp which he
knows to have been used, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.
254 [263A. Prohibition of
fictitious stamps.—
(1) Whoever—
(a) makes, knowingly utters,
deals in or sells any fictitious stamps, or knowingly uses for any postal
purpose any fictitious stamp, or
(b) has in his possession,
without lawful excuse, any fictitious stamp, or
(c) makes or, without lawful
excuse, has in his possession any die, plate, instrument or materials for making
any fictitious stamp, shall be punished with fine which may extend to two
hundred rupees.
(2) Any such stamps, die,
plate, instrument or materials in the possession of any person for making any
fictitious stamp 2[may be seized and, if seized] shall be forfeited.
(3) In this section
“fictitious stamp” means any stamp falsely purporting to be issued by the
Government for the purpose of denoting a rate of postage, or any facsimile or
imitation or representation, whether on paper or otherwise, of any stamp issued
by Government for that purpose.
(4) In this section and also
in sections 255 to 263, both inclusive, the word “Government”, when used in
connection with, or in reference to, any stamp issued for the purpose of
denoting a rate of postage, shall, notwithstanding anything in section 17, be
deemed to include the person or persons authorized by law to administer
executive Government in any part of India, and also in any part of Her
Majesty’s dominions or in any foreign country.]
264. Fraudulent use of false
instrument for weighing.—Whoever fraudulently uses any instrument for weighing
which he knows to be false, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with
both.
265. Fraudulent use of false
weight or measure.—Whoever fraudulently uses any false weight or false measure
of length or capacity, or fraudulently uses any weight or any measure of
length or capacity as a different weight or measure from what it is, shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
266. Being in possession of
false weight or measure.—Whoever is in possession of any instrument for
weighing, or of any weight, or of any measure of length or capacity, which he
knows to be false, 1[***] intending that the same may be fraudulently used,
shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
267. Making or selling false
weight or measure.—Whoever makes, sells or disposes of any instrument for
weighing, or any weight, or any measure of length or capacity which he knows to
be false, in order that the same may be used as true, or knowing that the same
is likely to be used as true, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with
both.
268. Public nuisance.—A
person is guilty of a public nuisance who does any act or is guilty of an
illegal omission which causes any common injury, danger or annoyance to the
public or to the people in general who dwell or occupy property in the
vicinity, or which must necessarily cause injury, obstruction, danger or
annoyance to persons who may have occasion to use any public right. A common
nuisance is not excused on the ground that it causes some convenience or
advantage.
269. Negligent act likely to
spread infection of disease dangerous to life.—Whoever unlawfully or
negligently does any act which is, and which he knows or has reason to believe
to be, likely to spread the infection of any disease dangerous to life, shall
be punished with imprisonment of either description for a term which may extend
to six months, or with fine, or with both.
270. Malignant act likely to
spread infection of disease dangerous to life.—Whoever malignantly does any
act which is, and which he knows or has reason to believe to be, likely to
spread the infection of any disease dangerous to life, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
271. Disobedience to
quarantine rule.—Whoever knowingly disobeys any rule made and promulgated 1[by
the 2[***] Government 3[***] for putting any vessel into a state of quarantine,
or for regulating the intercourse of vessels in a state of quarantine with the
shore or with other vessels, or for regulating the intercourse between places
where an infectious disease prevails and other places, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
272. Adulteration of food or
drink intended for sale.—Whoever adulterates any article of food or drink, so
as to make such article noxious as food or drink, intending to sell such article
as food or drink, or knowing it to be likely that the same will be sold as food
or drink, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
273. Sale of noxious food or
drink.—Whoever sells, or offers or exposes for sale, as food or drink, any
article which has been rendered or has become noxious, or is in a state unfit
for food or drink, knowing or having reason to believe that the same is noxious
as food or drink, shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
274. Adulteration of
drugs.—Whoever adulterates any drug or medical preparation in such a manner as
to lessen the efficacy or change the operation of such drug or medical
preparation, or to make it noxious, intending that it shall be sold or used
for, or knowing it to be likely that it will be sold or used for, any medicinal
purpose, as if it had not undergone such adulteration, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
275. Sale of adulterated
drugs.—Whoever, knowing any drug or medical preparation to have been
adulterated in such a manner as to lessen its efficacy, to change its
operation, or to render it noxious, sells the same, or offers or exposes it for
sale, or issues it from any dispensary for medicinal purposes as unadulterated,
or causes it to be used for medicinal purposes by any person not knowing of the
adulteration, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
276. Sale of drug as a
different drug or preparation.—Whoever knowingly sells, or offers or exposes
for sale, or issues from a dispensary for medicinal purposes, any drug or
medical preparation, as a different drug or medical preparation, shall be punished
with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
277. Fouling water of public
spring or reservoir.—Whoever voluntarily corrupts or fouls the water of any
public spring or reservoir, so as to render it less fit for the purpose for
which it is ordinarily used, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may
extend to five hundred rupees, or with both.
278. Making atmosphere
noxious to health.—Whoever voluntarily vitiates the atmosphere in any place so
as to make it noxious to the health of persons in general dwelling or carrying
on business in the neighbourhood or passing along a public way, shall be
punished with fine which may extend to five hundred rupees.
279. Rash driving or riding
on a public way.—Whoever drives any vehicle, or rides, on any public way in a
manner so rash or negligent as to endanger human life, or to be likely to cause
hurt or injury to any other person, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
280. Rash navigation of
vessel.—Whoever navigates any vessel in a manner so rash or negligent as to
endanger human life, or to be likely to cause hurt or injury to any other
person, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
281. Exhibition of false
light, mark or buoy.—Whoever exhibits any false light, mark or buoy, intending
or knowing it to be likely that such exhibition will mislead any navigator,
shall be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
282. Conveying person by
water for hire in unsafe or overloaded vessel.—Whoever knowingly or negligently
conveys, or causes to be conveyed for hire, any person by water in any vessel,
when that vessel is in such a state or so loaded as to endanger the life of that
person, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
283. Danger or obstruction
in public way or line of navigation.—Whoever, by doing any act, or by omitting
to take order with any property in his possession or under his charge, causes
danger, obstruction or injury to any person in any public way or public line of
navigation, shall be punished with fine which may extend to two hundred rupees.
284. Negligent conduct with
respect to poisonous substance.—Whoever does, with any poisonous substance, any
act in a manner so rash or negligent as to endanger human life, or to be likely
to cause hurt or injury to any person, or knowingly or negligently omits to
take such order with any poisonous substance in his possession as is sufficient
to guard against any probable danger to human life from such poisonous
substance, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
285. Negligent conduct with
respect to fire or combustible matter.—Whoever does, with fire or any
combustible matter, any act so rashly or negligently as to endanger human life,
or to be likely to cause hurt or injury to any other person, or knowingly or negligently
omits to take such order with any fire or any combustible matter in his
possession as is sufficient to guard against any probable danger to human life
from such fire or combustible matter, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
286. Negligent conduct with
respect to explosive substance.—Whoever does, with any explosive substance, any
act so rashly or negligently as to endanger human life, or to be likely to
cause hurt or injury to any other person, or knowingly or negligently omits to
take such order with any explosive substance in his possession as is sufficient
to guard against any probable danger to human life from that substance, shall
be punished with imprisonment of either description for a term which may extend
to six months, or with fine which may extend to one thousand rupees, or with
both.
287. Negligent conduct with
respect to machinery.—Whoever does, with any machinery, any act so rashly or
negligently as to endanger human life, or to be likely to cause hurt or injury
to any other person, or knowingly or negligently omits to take such order with
any machinery in his possession or under his care as is sufficient to guard
against any probable danger to human life from such machinery, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
288. Negligent conduct with
respect to pulling down or repairing buildings.—Whoever, in pulling down or
repairing any building, knowingly or negligently omits to take such order with
that building as is sufficient to guard against any probable danger to human
life from the fall of that building, or of any part thereof, shall be punished
with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
289. Negligent conduct with
respect to animal.—Whoever knowingly or negligently omits to take such order
with any animal in his possession as is sufficient to guard against any
probable danger to human life, or any probable danger of grievous hurt from
such animal, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
290. Punishment for public
nuisance in cases not otherwise provided for.—Whoever commits a public
nuisance in any case not otherwise punishable by this Code, shall be punished
with fine which may extend to two hundred rupees.
291. Continuance of nuisance
after injunction to discontinue.—Whoever repeats or continues a public
nuisance, having been enjoined by any public servant who has lawful authority
to issue such injunction not to repeat or continue such nuisance, shall be
punished with simple imprisonment for a term which may extend to six months, or
with fine, or with both.
260 [292. Sale, etc., of
obscene books, etc.— 261 [
(1) For the purposes of
sub-section (2), a book, pamphlet, paper, writing, drawing, painting,
representation, figure or any other object, shall be deemed to be obscene if it
is lascivious or appeals to the prurient interest or if its effect, or (where
it comprises two or more distinct items) the effect of any one of its items,
is, if taken as a whole, such as to tend to deprave and corrupt person, who are
likely, having regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it.]
262 [(2) ] Whoever—
(a) sells, lets to hire,
distributes, publicly exhibits or in any manner puts into circulation, or for
purposes of sale, hire, distribution, public exhibition or circulation, makes,
produces or has in his possession any obscene book, pamphlet, paper, drawing, painting,
representation or figure or any other obscene object whatsoever, or
(b) imports, exports or
conveys any obscene object for any of the purposes aforesaid, or knowing or
having reason to believe that such object will be sold, let to hire,
distributed or publicly exhibited or in any manner put into circulation, or
(c) takes part in or
receives profits from any business in the course of which he knows or has
reason to believe that any such obscene objects are for any of the purposes
aforesaid, made, produced, purchased, kept, imported, exported, conveyed,
publicly exhibited or in any manner put into circulation, or
(d) advertises or makes
known by any means whatsoever that any person is engaged or is ready to engage
in any act which is an offence under this section, or that any such obscene
object can be procured from or through any person, or
(e) offers or attempts to do
any act which is an offence under this section, shall be punished 263 [on
first conviction with imprisonment of either description for a term which may
extend to two years, and with fine which may extend to two thousand rupees,
and, in the event of a second or subsequent conviction, with imprisonment of
either description for a term which may extend to five years, and also with
fine which may extend to five thousand rupees].
264 [(Exception) —This
section does not extend to—
(a) any book, pamphlet,
paper, writing, drawing, painting, representation or figure— (i) the publication
of which is proved to be justified as being for the public good on the ground
that such book, pamphlet, paper, writing, drawing, painting, representation or
figure is in the interest of science, literature, art or learning or other
objects of general concern, or (ii) which is kept or used bona fide for
religious purposes;
(b) any representation
sculptured, engraved, painted or otherwise represented on or in— (i) any
ancient monument within the meaning of the Ancient Monuments and
Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or
on any car used for the conveyance of idols, or kept or used for any religious
purpose.]]
265 [293. Sale, etc., of
obscene objects to young person.—Whoever sells, lets to hire, distributes,
exhibits or circulates to any person under the age of twenty years any such
obscene object as is referred to in the last preceding section, or offers or attempts
so to do, shall be punished 2[on first conviction with imprisonment of either
description for a term which may extend to three years, and with fine which may
extend to two thousand rupees, and, in the event of a second or subsequent
conviction, with imprisonment of either description for a term which may extend
to seven years, and also with fine which may extend to five thousand rupees].]
267 [294. Obscene acts and
songs.—Whoever, to the annoyance of others—
(a) does any obscene act in
any public place, or
(b) sings, recites or utters
any obscene song, ballad or words, in or near any public place, shall be
punished with imprisonment of either description for a term which may extend to
three months, or with fine, or with both.]
268 [294A. Keeping lottery
office.—Whoever keeps any office or place for the purpose of drawing any
lottery 2[not being 3[a State lottery] or a lottery authorised by the 4[State]
Government], shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both. And whoever
publishes any proposal to pay any sum, or to deliver any goods, or to do or
forbear doing anything for the benefit of any person, on any event or
contingency relative or applicable to the drawing of any ticket, lot, number or
figure in any such lottery, shall be punished with fine which may extend to one
thousand rupees.]
295. Injuring or defiling
place of worship with intent to insult the religion of any class.—Whoever
destroys, damages or defiles any place of worship, or any object held sacred by
any class of persons with the intention of thereby insulting the religion of
any class of persons or with the knowledge that any class of persons is likely
to consider such destruction, damage or defilement as an insult to their
religion, shall be punishable with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
272 [295A. Deliberate and
malicious acts, intended to outrage religious feelings of any class by
insulting its religion or religious beliefs.—Whoever, with deliberate and
malicious intention of outraging the religious feelings of any class of 273 [citizens
of India], 274 [by words, either spoken or written, or by
signs or by visible representations or otherwise], insults or attempts to
insult the religion or the religious beliefs of that class, shall be punished
with imprisonment of either description for a term which may extend to 4[three
years], or with fine, or with both.]
296. Disturbing religious
assembly.—Whoever voluntarily causes disturbance to any assembly lawfully
engaged in the performance of religious worship, or religious ceremonies, shall
be punished with imprisonment of either description for a term which may extend
to one year, or with fine, or with both.
297. Trespassing on burial
places, etc.—Whoever, with the intention of wounding the feelings of any
person, or of insulting the religion of any person, or with the knowledge that
the feelings of any person are likely to be wounded, or that the religion of
any person is likely to be insulted thereby, commits any trespass in any place
of worship or on any place of sepulchre, or any place set apart from the
performance of funeral rites or as a depository for the remains of the dead, or
offers any indignity to any human corpse, or causes disturbance to any persons
assembled for the performance of funeral ceremonies, shall be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
298. Uttering, words, etc.,
with deliberate intent to wound the religious feelings of any person.—Whoever,
with the deliberate intention of wounding the religious feelings of any person,
utters any word or makes any sound in the hearing of that person or makes any
gesture in the sight of that person or places, any object in the sight 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.
299. Culpable
homicide.—Whoever causes death by doing an act with the intention of causing
death, or with the intention of causing such bodily injury as is likely to
cause death, or with the knowledge that he is likely by such act to cause
death, commits the offence of culpable homicide. Illustrations
(a) A lays sticks and turf
over a pit, with the intention of thereby causing death, or with the knowledge
that death is likely to be thereby caused. Z believing the ground to be firm,
treads on it, falls in and is killed. A has committed the offence of culpable
homicide.
(b) A knows Z to be behind a
bush. B does not know it A, intending to cause, or knowing it to be likely to
cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may
be guilty of no offence; but A has committed the offence of culpable homicide.
(c) A, by shooting at a fowl
with intent to kill and steal it, kills B who is behind a bush; A not knowing
that he was there. Here, although A was doing an unlawful act, he was not
guilty of culpable homicide, as he did not intend to kill B, or to cause death
by doing an act that he knew was likely to cause death. Explanation 1.—A person
who causes bodily injury to another who is labouring under a disorder, disease
or bodily infirmity, and thereby accelerates the death of that other, shall be
deemed to have caused his death. Explanation 2.—Where death is caused by bodily
injury, the person who causes such bodily injury shall be deemed to have caused
the death, although by resorting to proper remedies and skilful treatment the
death might have been prevented. Explanation 3.—The causing of the death of
child in the mother’s womb is not homicide. But it may amount to culpable
homicide to cause the death of a living child, if any part of that child has
been brought forth, though the child may not have breathed or been completely
born.
300. Murder.—Except in the
cases hereinafter excepted, culpable homicide is murder, if the act by which
the death is caused is done with the intention of causing death, or—
(Secondly) —If it is done
with the intention of causing such bodily injury as the offender knows to be
likely to cause the death of the person to whom the harm is caused, or—
(Thirdly) —If it is done
with the intention of causing bodily injury to any person and the bodily injury
intended to be inflicted is sufficient in the ordinary course of nature to cause
death, or—
(Fourthly) —If the person
committing the act knows that it is so imminently dangerous that it must, in
all probability, cause death or such bodily injury as is likely to cause death,
and commits such act without any excuse for incurring the risk of causing death
or such injury as aforesaid. Illustrations
(a) A shoots Z with the
intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z is
labouring under such a disease that a blow is likely to cause his death,
strikes him with the intention of causing bodily injury. Z dies in consequence
of the blow. A is guilty of murder, although the blow might not have been sufficient
in the ordinary course of nature to cause the death of a person in a sound
state of health. But if A, not knowing that Z is labouring under any disease,
gives him such a blow as would not in the ordinary course of nature kill a
person in a sound state of health, here A, although he may intend to cause
bodily injury, is not guilty of murder, if he did not intend to cause death, or
such bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z
a sword-cut or club-wound sufficient to cause the death of a man in the
ordinary course of nature. Z dies in consequence. Here, A is guilty of murder,
although he may not have intended to cause Z’s death.
(d) A without any excuse
fires a loaded cannon into a crowd of persons and kills one of them. A is
guilty of murder, although he may not have had a premeditated design to kill
any particular individual. Exception 1.—When culpable homicide is not
murder.—Culpable homicide is not murder if the offender, whilst deprived of the
power of self-control by grave and sudden provocation, causes the death of the
person who gave the provocation or causes the death of any other person by
mistake or accident. The above exception is subject to the following provisos:—
(First) —That the
provocation is not sought or voluntarily provoked by the offender as an excuse
for killing or doing harm to any person.
(Secondly) —That the
provocation is not given by anything done in obedience to the law, or by a
public servant in the lawful exercise of the powers of such public servant.
(Thirdly) —That the
provocation is not given by anything done in the lawful exercise of the right
of private defence. Explanation.—Whether the provocation was grave and sudden
enough to prevent the offence from amounting to murder is a question of fact.
Illustrations
(a) A, under the influence
of passion excited by a provocation given by Z, intentionally kills. Y, Z’s
child. This is murder, in as much as the provocation was not given by the
child, and the death of the child was not caused by accident or misfortune in
doing an act caused by the provocation.
(b) Y gives grave and sudden
provocation to A. A, on this provocation, fires a pistol at Y, neither
intending nor knowing himself to be likely to kill Z, who is near him, but out
of sight. A kills Z. Here A has not committed murder, but merely culpable
homicide.
(c) A is lawfully arrested
by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and
kills Z. This is murder, in as much as the provocation was given by a thing
done by a public servant in the exercise of his powers.
(d) A appears as witness
before Z, a Magistrate, Z says that he does not believe a word of A’s
deposition, and that A has perjured himself. A is moved to sudden passion by
these words, and kills Z. This is murder.
(e) A attempts to pull Z’s
nose, Z, in the exercise of the right of private defence, lays hold of A to
prevent him from doing so. A is moved to sudden and violent passion in
consequence, and kills Z. This is murder, in as much as the provocation was
given by a thing done in the exercise of the right of private defence.
(f) Z strikes B. B is by
this provocation excited to violent rage. A, a bystander, intending to take
advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand
for that purpose. B kills Z with the knife. Here B may have committed only
culpable homicide, but A is guilty of murder. Exception 2.—Culpable homicide
is not murder if the offender, in the exercise in good faith of the right of
private defence of person or property, exceeds the power given to him by law
and causes the death of the person against whom he is exercising such right of
defence without premeditation, and without any intention of doing more harm
than is necessary for the purpose of such defence. Illustration Z attempts to
horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a
pistol. Z persists in the assault. A believing in good faith that he can by no
other means prevent himself from being horsewhipped, shoots Z dead. A has not
committed murder, but only culpable homicide. Exception 3.—Culpable homicide is
not murder if the offender, being a public servant or aiding a public servant
acting for the advancement of public justice, exceeds the powers given to him
by law, and causes death by doing an act which he, in good faith, believes to
be lawful and necessary for the due discharge of his duty as such public
servant and without ill-will towards the person whose death is caused.
Exception 4.—Culpable homicide is not murder if it is committed without
premeditation in a sudden fight in the heat of passion upon a sudden quarrel
and without the offender having taken undue advantage or acted in a cruel or
unusual manner. Explanation.—It is immaterial in such cases which party offers
the provocation or commits the first assault. Exception 5.—Culpable homicide is
not murder when the person whose death is caused, being above the age of
eighteen years, suffers death or takes the risk of death with his own consent.
Illustration A, by instigation, voluntarily causes, Z, a person under eighteen
years of age to commit suicide. Here, on account of Z’s youth, he was incapable
of giving consent to his own death; A has therefore abetted murder.
301. Culpable homicide by
causing death of person other than person whose death was intended.—If a
person, by doing anything which he intends or knows to be likely to cause
death, commits culpable homicide by causing the death of any person, whose
death he neither intends nor knows himself to be likely to cause, the culpable
homicide committed by the offender is of the description of which it would have
been if he had caused the death of the person whose death he intended or knew
himself to be likely to cause.
302. Punishment for
murder.—Whoever commits murder shall be punished with death, or 1[imprisonment
for life], and shall also be liable to fine.
303. Punishment for murder
by life-convict.—Whoever, being under sentence of 1[imprisonment for life],
commits murder, shall be punished with death.
304. Punishment for culpable
homicide not amounting to murder.—Whoever commits culpable homicide not
amounting to murder shall be punished with 1[imprisonment for life], or
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine, if the act by which the death is caused is
done with the intention of causing death, or of causing such bodily injury as
is likely to cause death, or with imprisonment of either description for a term
which may extend to ten years, or with fine, or with both, if the act is done
with the knowledge that it is likely to cause death, but without any intention
to cause death, or to cause such bodily injury as is likely to cause death.
279 [304A. Causing death
by negligence.—Whoever causes the death of any person by doing any rash or
negligent act not amounting to culpable homicide, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.]
1[304B. Dowry death.—
(1) Where the death of a
woman is caused by any burns or bodily injury or occurs otherwise than under
normal circumstances within seven years of her marriage and it is shown that
soon before her death she was subjected to cruelty or harassment by her
husband or any relative of her husband for, or in connection with, any demand
for dowry, such death shall be called “dowry death”, and such husband or
relative shall be deemed to have caused her death. Explanation.—For the purpose
of this sub-section, “dowry” shall have the same meaning as in section 2 of the
Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry
death shall be punished with imprisonment for a term which shall not be less
than seven years but which may extend to imprisonment for life.]
305. Abetment of suicide of
child or insane person.—If any person under eighteen years of age, any insane
person, any delirious person, any idiot, or any person in a state of
intoxication, commits suicide, whoever abets the commission of such suicide,
shall be punished with death or 1[imprisonment for life], or imprisonment for a
term not exceeding ten years, and shall also be liable to fine.
306. Abetment of suicide.—If
any person commits suicide, whoever abets the commission of such suicide, shall
be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
307. Attempt to
murder.—Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty of
murder, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine; and if hurt is
caused to any person by such act, the offender shall be liable either to
1[imprisonment for life], or to such punishment as is hereinbefore mentioned.
Attempts by life convicts.—2[When any person offending under this section is
under sentence of 1[imprisonment for life], he may, if hurt is caused, be
punished with death.] llustrations
(a) A shoots at Z with
intention to kill him, under such circumstances that, if death ensued. A would
be guilty of murder. A is liable to punishment under this section.
(b) A, with the intention of
causing the death of a child of tender years, exposes it in a desert place. A
has committed the offence defined by this section, though the death of the
child does not ensue.
(c) A, intending to murder
Z, buys a gun and loads it. A has not yet committed the offence. A fires the
gun at Z. He has committed the offence defined in this section, and if by such
firing he wounds Z, he is liable to the punishment provided by the latter part
of 3[the first paragraph of] this section.
(d) A, intending to murder Z
by poison, purchases poison and mixes the same with food which remains in A’s
keeping; A has not yet committed the offence defined in this section. A places
the food on Z’s table or delivers it to Z’s servant to place it on Z’s table. A
has committed the offence defined in this section.
308. Attempt to commit
culpable homicide.—Whoever does any act with such intention or knowledge and
under such circumstances that, if he by that act caused death, he would be
guilty of culpable homicide not amounting to murder, shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both; and, if hurt is caused to any person by such act,
shall be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both. Illustration A, on grave and
sudden provocation, fires a pistol at Z, under such circumstances that if he
thereby caused death he would be guilty of culpable homicide not amounting to
murder. A has committed the offence defined in this section.
309. Attempt to commit
suicide.—Whoever attempts to commit suicide and does any act towards the
commission of such offence, shall he punished with simple imprisonment for a
term which may extend to one year 1[or with fine, or with both].
310. Thug.—Whoever, at any
time after the passing of this Act, shall have been habitually associated with
any other or others for the purpose of committing robbery or child-stealing by
means of or accompanied with murder, is a thug.
311. Punishment.—Whoever is
a thug, shall be punished with 1[imprisonment for life], and shall also be
liable to fine.
312. Causing
miscarriage.—Whoever voluntarily causes a woman with child to miscarry, shall,
if such miscarriage be not caused in good faith for the purpose of saving the
life of the woman, be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both; and, if the woman
be quick with child, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—A woman who causes herself to miscarry, is within the meaning of
this section.
313. Causing miscarriage
without woman’s consent.—Whoever commits the offence defined in the last
preceding section without the consent of the woman, whether the woman is quick
with child or not, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
314. Death caused by act
done with intent to cause miscarriage.—Whoever, with intent to cause the
miscarriage of a woman with child, does any act which causes the death of such
woman, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine; If act done
without woman’s consent.—And if the act is done without the consent of the
woman, shall be punished either with 1[imprisonment for life], or with the punishment
above mentioned. Explanation.—It is not essential to this offence that the offender
should know that the act is likely to cause death.
315. Act done with intent to
prevent child being born alive or to cause it to die after birth.—Whoever
before the birth of any child does any act with the intention of thereby
preventing that child from being born alive or causing it to die after its
birth, and does by such act prevent that child from being born alive, or causes
it to die after its birth, shall, if such act be not caused in good faith for
the purpose of saving the life of the mother, be punished with imprisonment of
either description for a term which may extend to ten years, or with fine, or
with both.
316. Causing death of quick
unborn child by act amounting to culpable homicide.—Whoever does any act under
such circumstances, that if he thereby caused death he would be guilty of
culpable homicide, and does by such act cause the death of a quick unborn
child, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine. Illustration
A, knowing that he is likely to cause the death of a pregnant woman, does an
act which, if it caused the death of the woman, would amount to culpable
homicide. The woman is injured, but does not die; but the death of an unborn
quick child with which she is pregnant is thereby caused. A is guilty of the
offence defined in this section. CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable
by Court of Session—Non-compoundable.
317. Exposure and
abandonment of child under twelve years, by parent or person having care of
it.—Whoever being the father or mother of a child under the age of twelve
years, or having the care of such child, shall expose or leave such child in
any place with the intention of wholly abandoning such child, shall be punished
with imprisonment of either description for a term which may extend to seven
years, or with fine, or with both. Explanation.—This section is not intended to
prevent the trial of the offender for murder or culpable homicide, as the case
may be, if the child dies in consequence of the exposure.
318. Concealment of birth by
secret disposal of dead body.—Whoever, by secretly burying or otherwise
disposing of the death body of a child whether such child die before or after
or during its birth, intentionally conceals or endeavours to conceal the birth
of such child, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
319. Hurt.—Whoever causes
bodily pain, disease or infirmity to any person is said to cause hurt.
320. Grievous hurt.—The
following kinds of hurt only are designated as “grievous”:—
(First) — Emasculation.
(Secondly) —Permanent
privation of the sight of either eye.
(Thirdly) — Permanent
privation of the hearing of either ear,
(Fourthly) —Privation of any
member or joint.
(Fifthly) — Destruction or
permanent impairing of the powers of any member or joint.
(Sixthly) — Permanent
disfiguration of the head or face.
(Seventhly) —Fracture or
dislocation of a bone or tooth.
(Eighthly) —Any hurt which
endangers life or which causes the sufferer to be during the space of twenty
days in severe bodily pain, or unable to follow his ordinary pursuits.
321. Voluntarily causing
hurt.—Whoever does any act with the intention of thereby causing hurt to any
person, or with the knowledge that he is likely thereby to cause hurt to any
person, and does thereby cause hurt to any person, is said “voluntarily to
cause hurt”.
322. Voluntarily causing
grievous hurt.—Whoever voluntarily causes hurt, if the hurt which he intends to
cause or knows himself to be likely to cause is grievous hurt, and if the hurt
which he causes is grievous hurt, is said “voluntarily to cause grievous hurt.”
Explanation.—A person is not said voluntarily to cause grievous hurt except
when he both causes grievous hurt and intends or knows himself to be likely to
cause grievous hurt. But he is said voluntarily to cause grievous hurt, if
intending or knowing himself to be likely to cause grievous hurt of one kind,
he actually causes grievous hurt of another kind. Illustration A, intending or
knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow
which does not permanently disfigure Z’s face, but which cause Z to suffer
severe bodily pain for the space of twenty days. A has voluntarily caused
grievous hurt. comments Explanation The offence of grievous hurt is not caused
unless the offender both causes grievous hurt and intends, or knows himself to
be likely, to cause grievous hurt; Ramkaran Mohton v. State, AIR 1958 Pat 452.
323. Punishment for
voluntarily causing hurt.—Whoever, except in the case provided for by section
334, voluntarily causes hurt, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may
extend to one thousand rupees, or with both.
324. Voluntarily causing
hurt by dangerous weapons or means.—Whoever, except in the case provided for by
section 334, voluntarily causes hurt by means of any instrument for shooting,
stabbing or cutting, or any instrument which, used as weapon of offence, is
likely to cause death, or by means of fire or any heated substance, or by means
of any poison or any corrosive substance, or by means of any explosive
substance or by means of any substance which it is deleterious to the human
body to inhale, to swallow, or to receive into the blood, or by means of any
animal, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
325. Punishment for voluntarily
causing grievous hurt.—Whoever, except in the case provided for by section 335,
voluntarily causes grievous hurt, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
326. Voluntarily causing
grievous hurt by dangerous weapons or means—Whoever, except in the case
provided for by section 335, voluntarily causes grievous hurt by means of any
instrument for shooting, stabbing or cutting, or any instrument which, used as
a weapon of offence, is likely to cause death, or by means of fire or any
heated substance, or by means of any poison or any corrosive substance, or by
means of any explosive substance, or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive into the
blood, or by means of any animal, shall be punished with 1[imprisonment for
life], or with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
327. Voluntarily causing
hurt to extort property, or to constrain to an illegal act.—Whoever voluntarily
causes hurt, for the purpose of extorting from the sufferer, or from any person
interested in the sufferer, any property or valuable security, or of
constraining the sufferer or any person interested in such sufferer to do
anything which is illegal or which may facilitate the commission of an offence,
shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
328. Causing hurt by means
of poison, etc., with intent to commit an offence.—Whoever administers to or
causes to be taken by any person any poison or any stupefying, intoxicating or
unwholesome drug, or other thing with intent to cause hurt to such person, or
with intent to commit or to facilitate the commission of an offence or knowing
it to be likely that he will thereby cause hurt, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
329. Voluntarily causing
grievous hurt to extort property, or to constrain to an illegal act.—Whoever
voluntarily causes grievous hurt for the purpose of extorting from the sufferer
or from any person interested in the sufferer any property or valuable security,
or of constraining the sufferer or any person interested in such sufferer to do
anything that is illegal or which may facilitate the commission of an offence,
shall be punished with 1[imprisonment for life], or imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.
330. Voluntarily causing
hurt to extort confession, or to compel restoration of property.—Whoever
voluntarily causes hurt for the purpose of extorting from the sufferer or from
any person interested in the sufferer, any confession or any information which
may lead to the detection of an offence or misconduct, or for the purpose of
constraining the sufferer or any person interested in the sufferer to restore
or to cause the restoration of any property or valuable security or to satisfy
any claim or demand, or to give information which may lead to the restoration
of any property or valuable security, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine. Illustrations
(a) A, a police-officer,
tortures Z in order to induce Z to confess that he committed a crime. A is
guilty of an offence under this section.
(b) A, a police-officer,
tortures B to induce him to point out where certain stolen property is
deposited. A is guilty of an offence under this section.
(c) A, a revenue officer,
tortures Z in order to compel him to pay certain arrears of revenue due from Z.
A is guilty of an offence under this section.
(d) A, a zamindar, tortures
a raiyat in order to compel him to pay his rent. A is guilty of an offence
under this section. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7
years and fine—Cognizable—Bailable—Triable by Magistrate of the first
class—Non-compoundable.
331. Voluntarily causing
grievous hurt to extort confession, or to compel restoration of
property.—Whoever voluntarily causes grievous hurt for the purpose of extorting
from the sufferer or from any person interested in the sufferer any confession
or any information which may lead to the detection of an offence or misconduct,
or for the purpose of constraining the sufferer or any person interested in the
sufferer to restore or to cause the restoration of any property or valuable security,
or to satisfy any claim or demand or to give information which may lead to the
restoration of any property or valuable security, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
332. Voluntarily causing
hurt to deter public servant from his duty.—Whoever voluntarily causes hurt to
any person being a public servant in the discharge of his duty as such public
servant, or with intent to prevent or deter that person or any other public
servant from discharging his duty as such public servant, or in consequence of
anything done or attempted to be done by that person in the lawful discharge of
his duty as such public servant, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.
334. Voluntarily causing
hurt on provocation.—Whoever voluntarily causes hurt on grave and sudden
provocation, if he neither intends nor knows himself to be likely to cause hurt
to any person other than the person who gave the provocation, shall be punished
with imprisonment of either description for a term which may extend to one
month, or with fine which may extend to five hundred rupees, or with both.
334. Voluntarily causing
hurt on provocation.—Whoever voluntarily causes hurt on grave and sudden
provocation, if he neither intends nor knows himself to be likely to cause hurt
to any person other than the person who gave the provocation, shall be punished
with imprisonment of either description for a term which may extend to one
month, or with fine which may extend to five hundred rupees, or with both.
335. Voluntarily causing
grievous hurt on provocation.—Whoever 1[voluntarily] causes grievous hurt on
grave and sudden provocation, if he neither intends nor knows himself to be
likely to cause grievous hurt to any person other than the person who gave the
provocation, shall be punished with imprisonment of either description for a
term which may extend to four years, or with fine which may extend to two
thousand rupees, or with both. Explanation.—The last two sections are subject
to the same provisos as Explanation 1, section 300.
336. Act endangering life or
personal safety of others.—Whoever does any act so rashly or negligently as to
endanger human life or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extend to three
months, or with fine which may extend to two hundred and fifty rupees, or with
both.
337. Causing hurt by act
endangering life or personal safety of others.—Whoever causes hurt to any
person by doing any act so rashly or negligently as to endanger human life, or
the personal safety of others, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to five hundred rupees, or with both.
338. Causing grievous hurt
by act endangering life or personal safety of others.—Whoever causes grievous
hurt to any person by doing any act so rashly or negligently as to endanger
human life, or the personal safety of others, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine
which may extend to one thousand rupees, or with both.
339. Wrongful
restraint.—Whoever voluntarily obstructs any person so as to prevent that
person from proceeding in any direction in which that person has a right to
proceed, is said wrongfully to restrain that person.
(Exception) —The obstruction
of a private way over land or water which a person in good faith believes
himself to have a lawful right to obstruct, is not an offence within the
meaning of this section. Illustration A obstructs a path along which Z has a
right to pass. A not believing in good faith that he has a right to stop the
path. Z is thereby prevented from passing. A wrongfully restrains Z.
341. Punishment for wrongful
restraint.—Whoever wrongfully restrains any person shall be punished with
simple imprisonment for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both.
342. Punishment for wrongful
confinement.—Whoever wrongfully confines any person shall be punished with
imprisonment of either description for a term which may extend to one year, or
with fine which may extend to one thousand rupees, or with both.
343. Wrongful confinement
for three or more days.—Whoever wrongfully confines any person for three days,
or more, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
344. Wrongful confinement
for ten or more days.—Whoever wrongfully confines any person for ten days, or
more, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
345. Wrongful confinement of
person for whose liberation writ has been issued.—Whoever keeps any person in
wrongful confinement, knowing that a writ for the liberation of that person has
been duly issued, shall be punished with imprisonment of either description
for a term which may extend to two years in addition to any term of
imprisonment to which he may be liable under any other section of this Chapter.
346. Wrongful confinement in
secret.—Whoever wrongfully confines any person in such manner as to indicate an
intention that the confinement of such person may not be known to any person
interested in the person so confined, or to any public servant, or that the
place of such confinement may not be known to or discovered by any such person
or public servant as hereinbefore mentioned, shall be punished with imprisonment
of either description for a term which may extend to two years in addition to
any other punishment to which he may be liable for such wrongful confinement.
347. Wrongful confinement to
extort property, or constrain to illegal act.—Whoever wrongfully confines any
person for the purpose of extorting from the person confined, or from any
person interested in the person confined, any property or valuable security or
of constraining the person confined or any person interested in such person to
do anything illegal or to give any information which may facilitate the
commission of an offence, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine.
348. Wrongful confinement to
extort confession, or compel restoration of property.—Whoever wrongfully
confines any person for the purpose of extorting from the person confined or
any person interested in the person confined any confession or any information
which may lead to the detection of an offence or misconduct, or for the purpose
of constraining the person confined or any person interested in the person
confined to restore or to cause the restoration of any property or valuable
security or to satisfy any claim or demand, or to give information which may
lead to the restoration of any property or valuable security, shall be punished
with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
349. Force.—A person is said
to use force to another if he causes motion, change of motion, or cessation of
motion to that other, or if he causes to any substance such motion, or change
of motion, or cessation of motion as brings that substance into contact with
any part of that other’s body, or with anything which that other is wearing or
carrying, or with anything so situated that such contact affects that other’s
sense of feeling: Provided that the person causing the motion, or change of
motion, or cessation of motion, causes that motion, change of motion, or
cessation of motion in one of the three ways hereinafter described.
(First) — By his own bodily
power.
(Secondly) —By disposing any
substance in such a manner that the motion or change or cessation of motion
takes place without any further act on his part, or on the part of any other
person.
(Thirdly) — By inducing any
animal to move, to change its motion, or to cease to move.
350. Criminal force.—Whoever
intentionally uses force to any person, without that person’s consent, in order
to the committing of any offence, or intending by the use of such force to
cause, or knowing it to be likely that by the use of such force he will cause
injury, fear or annoyance to the person to whom the force is used, is said to
use criminal force to that other. Illustrations
(a) Z is sitting in a moored
boat on a river. A unfastens the moorings, and thus intentionally causes the
boat to drift down the stream. Here A intentionally causes motion to Z, and he
does this by disposing substances in such a manner that the motion is produced
without any other act on any person’s part. A has therefore intentionally used
force to Z; and if he has done so without Z’s consent, in order to the
committing of any offence, or intending or knowing it to be likely that this
use of force will cause injury, fear or annoyance to Z, A has used criminal force
to Z.
(b) Z is riding in a
chariot. A lashes Z’s horses, and thereby causes them to quicken their pace.
Here Z has caused change of motion to Z by inducing the animals to change their
motion. A has therefore used force to Z; and if A has done this without Z’s
consent, intending or knowing it to be likely that he may thereby injure,
frighten or annoy Z, A has used criminal force to Z.
(c) Z is riding in a
palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here
A has caused cessation of motion to Z, and he has done this by his own bodily
power. A has therefore used force to Z; and as A has acted thus intentionally,
without Z’s consent, in order to the commission of an offence. A has used
criminal force to Z.
(d) A intentionally pushes
against Z in the street. Here A has by his own bodily power moved his own
person so as to bring it into contact with Z. He has therefore intentionally
used force to Z; and if he has done so without Z’s consent, intending or
knowing it to be likely that he may thereby injure, frighten or annoy Z, he has
used criminal force to Z.
(e) A throws a stone,
intending or knowing it to be likely that the stone will be thus brought into
contact with Z, or with Z’s clothes, or with something carried by Z, or that it
will strike water and dash up the water against Z’s clothes or something
carried by Z. Here, if the throwing of the stone produce the effect of causing
any substance to come into contact with Z, or Z’s clothes. A has used force to
Z; and if he did so without Z’s consent, intending thereby to injure, frighten
or annoy Z, he has used criminal force to Z.
(f) A intentionally pulls up
a woman’s veil. Here A intentionally uses force to her, and if he does so
without her consent intending or knowing it to be likely that he may thereby
injure, frighten or annoy her, he has used criminal force to her.
(g) Z is bathing, A pours
into the bath water which he knows to be boiling. Here A intentionally by his
own bodily power causes such motion in the boiling water as brings that water
into contact with Z, or with other water so situated that such contact must
affect Z’s sense of feeling; A has therefore intentionally used force to Z; and
if he has done this without Z’s consent intending or knowing it to be likely
that he may thereby cause injury, fear, or annoyance to Z, A has used criminal
force.
(h) A incites a dog to
spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or
annoyance to Z, he uses criminal force to Z.
351. Assault.—Whoever makes
any gesture, or any preparation intending or knowing it to be likely that such
gesture or preparation will cause any person present to apprehend that he who
makes that gesture or preparation is about to use criminal force to that
person, is said to commit an assault. Explanation.—Mere words do not amount to
an assault. But the words which a person uses may give to his gestures or
preparation such a meaning as may make those gestures or preparations amount to
an assault. Illustrations
(a) A shakes his fist at Z,
intending or knowing it to be likely that he may thereby cause Z to believe
that A is about to strike Z, A has committed an assault.
(b) A begins to unloose the
muzzle of a ferocious dog, intending or knowing it to be likely that he may
thereby cause Z to believe that he is about to cause the dog to attack Z. A has
committed an assault upon Z.
(c) A takes up a stick,
saying to Z, “I will give you a beating”. Here, though the words used by A
could in no case amount to an assault, and though the mere gesture,
unaccompanied by any other circumstances, might not amount to an assault, the
gesture explained by the words may amount to an assault.
352. Punishment for assault
or criminal force otherwise than on grave provocation.—Whoever assaults or uses
criminal force to any person otherwise than on grave and sudden provocation
given by that person, shall be punished with imprisonment of either description
for a term which may extend to three months, or with fine which may extend to
five hundred rupees, or with both. Explanation.—Grave and sudden provocation
will not mitigate the punishment for an offence under this section. If the
provocation is sought or voluntarily provoked by the offender as an excuse for
the offence, or if the provocation is given by anything done in obedience to
the law, or by a public servant, in the lawful exercise of the powers of such
public servant, or if the provocation is given by anything done in the lawful
exercise of the right of private defence. Whether the provocation was grave
and sudden enough to mitigate the offence, is a question of fact.
353. Assault or criminal
force to deter public servant from discharge of his duty.—Whoever assaults or
uses criminal force to any person being a public servant in the execution of
his duty as such public servant, or with intent to prevent or deter that person
from discharging his duty as such public servant, or in consequence of anything
done or attempted to be done by such person in the lawful discharge of his duty
as such public servant, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
354. Assault or criminal
force to woman with intent to outrage her modesty.—Whoever assaults or uses
criminal force to any woman, intending to outrage or knowing it to be likely
that he will thereby outrage her modesty, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.
355. Assault or criminal
force with intent to dishonour person, otherwise than on grave
provocation.—Whoever assaults or uses criminal force to any person, intending
thereby to dishonour that person, otherwise than on grave and sudden
provocation given by that person, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
356. Assault or criminal
force in attempt to commit theft of property carried by a person.—Whoever
assaults or uses criminal force to any person, in attempting to commit theft on
any property which that person is then wearing or carrying, shall be punished
with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
357. Assault or criminal
force in attempt wrongfully to confine a person.—Whoever assaults or uses
criminal force to any person, in attempting wrongfully to confine that person,
shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine which may extend to one thousand rupees, or
with both.
358. Assault or criminal
force on grave provocation.—Whoever assaults or uses criminal force to any
person on grave and sudden provocation given by that person, shall be punished
with simple imprisonment for a term which may extend to one month, or with fine
which may extend to two hundred rupees, or with both. Explanation.—The last
section is subject to the same Explanation as section 352.
359. Kidnapping.—Kidnapping
is of two kinds: kidnapping from 1[India], and kidnapping from lawful
guardianship.
360. Kidnapping from
India.—Whoever conveys any person beyond the limits of 1[India] without the
consent of that person, or of some person legally authorised to consent on
behalf of that person, is said to kidnap that person from 1[India].
361. Kidnapping from lawful
guardianship.—Whoever takes or entices any minor under 1[sixteen] years of age
if a male, or under 2[eighteen] years of age if a female, or any person of
unsound mind, out of the keeping of the lawful guardian of such minor or person
of unsound mind, without the consent of such guardian, is said to kidnap such
minor or person from lawful guardianship. Explanation.—The words “lawful
guardian” in this section include any person lawfully entrusted with the care
or custody of such minor or other person.
(Exception) —This section
does not extend to the act of any person who in good faith believes himself to
be the father of an illegitimate child, or who in good faith believes himself to
be entitled to lawful custody of such child, unless such act is committed for
an immoral or unlawful purpose. STATE AMENDMENT
(Manipur) —In section 361
for the words ‘eighteen’ substitute the word ‘fifteen’. [Vide Manipur Act 30 of
1950, sec. 3 (w.e.f. 16-4-1950), read with Act 81 of 1971, sec. 3 (w.e.f.
25-1-1972)]. COMMENTS Inducement not immediate cause The accused was charged
for kidnapping a minor girl, below 15 years of age from the lawful guardianship
of her father. It was established that the accused had an earlier stage
solicited or induced minor girl to leave her father’s protection by conveying
or indicating an encouraging suggestion, that he would give her shelter.
Holding the accused liable for kidnapping under section 363, the Supreme Court
said that the mere circumstances that his act was not the immediate cause of
her leaving her parental home or guardian’s custody would constitute no valid
defence and would not absolve him from the offence of kidnapping. The question
truly falls for determination on the facts and circumstances of each case;
Thakorilal D Vadgama v. State of Gujarat, AIR 1973 SC 2314: (1973) 2 SCC 413.
Lawful guardian Where facts indicate that a girl left her father’s protection,
knowing and having capacity to know the full import of what she was doing and
voluntarily joined the accused, the offence of kidnapping cannot be said to
have been made out; S. Varadrajan v. State of Madras, AIR 1965 SC 942. Use of
word ‘keeping’: Meaning of The use of the word “keeping” in the context
connotes the idea of charge, protection, maintenance and control; further the
guardian’s charge and control appears to be compatible with the independence of
action and movement in the minor, the guardian’s protection and control of the
minor being available, whenever necessity arises. On plain reading of this
section the consent of the minor who is taken or enticed is wholly immaterial:
it is only the guardian’s consent which takes the case out of its purview. Nor
is it necessary that the taking or enticing must be shown to have been by means
of force or fraud. Persuasion by the accused person which creates willingness
on the part of the minor to be taken out of the keeping of the lawful guardian
would be sufficient to attract the section; Prakash v. State of Haryana, AIR
2004 SC 227.
362. Abduction.—Whoever by
force compels, or by any deceitful means induces, any person to go from any
place, is said to abduct that person.
363. Punishment for
kidnapping.—Whoever kidnaps any person from 1[India] or from lawful
guardianship, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
1[363A. Kidnapping or
maiming a minor for purposes of begging.—
(1) Whoever kidnaps any minor
or, not being the lawful guardian of a minor, obtains the custody of the minor,
in order that such minor may be employed or used for the purpose of begging
shall be punishable with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
(2) Whoever maims any minor
in order that such minor may be employed or used for the purposes of begging
shall be punishable with imprisonment for life, and shall also be liable to
fine.
(3) Where any person, not
being the lawful guardian of a minor, employs or uses such minor for the
purposes of begging, it shall be presumed, unless the contrary is proved, that he
kidnapped or otherwise obtained the custody of that minor in order that the
minor might be employed or used for the purposes of begging.
(4) In this section,—
(a) ‘begging’ means—
(i) soliciting or receiving
alms in a public place, whether under the pretence of singing, dancing,
fortune-telling, performing tricks or selling articles or otherwise;
(ii) entering on any private
premises for the purpose of soliciting or receiving alms;
(iii) exposing or
exhibiting, with the object of obtaining or extorting alms, any sore, wound,
injury, deformity or disease, whether of himself or of any other person or of
an animal;
(iv) using a minor as an
exhibit for the purpose of soliciting or receiving alms;
(b) ‘minor’ means—
(i) in the case of a male, a
person under sixteen years of age; and
(ii) in the case of a
female, a person under eighteen years of age.]
364. Kidnapping or abducting
in order to murder.—Whoever kidnaps or abducts any person in order that such
person may be murdered or may be so disposed of as to be put in danger of being
murdered, shall be punished with 1[imprisonment for life] or rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine. Illustrations
(a) A kidnaps Z from
2[India], intending or knowing it to be likely that Z may be sacrificed to an
idol. A has committed the offence defined in this section.
(b) A forcibly carries or
entices B away from his home in order that B may be murdered. A has committed
the offence defined in this section. CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and
fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
1[364A. Kidnapping for
ransom, etc.—Whoever kidnaps or abducts any person or keeps a person in
detention after such kidnapping or abduction and threatens to cause death or
hurt to such person, or by his conduct gives rise to a reasonable apprehension
that such person may be put to death or hurt, or causes hurt or death to such
person in order to compel the Government or 2[any foreign State or
international inter-governmental organisation or any other person] to do or
abstain from doing any act or to pay a ransom, shall be punishable with death,
or imprisonment for life, and shall also be liable to fine.]
365. Kidnapping or abducting
with intent secretly and wrongfully to confine person.—Whoever kidnaps or
abducts any person with intent to cause that person to be secretly and
wrongfully confined, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
366. Kidnapping, abducting
or inducing woman to compel her marriage, etc.—Whoever kidnaps or abducts any
woman with intent that she may be compelled, or knowing it to be likely that
she will be compelled, to marry any person against her will, or in order that
she may be forced or seduced to illicit intercourse, or knowing it to be likely
that she will be forced or seduced to illicit intercourse, shall be punished
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine; 1[and whoever, by means of criminal
intimidation as defined in this Code or of abuse of authority or any other method
of compulsion, induces any woman to go from any place with intent that she may
be, or knowing that it is likely that she will be, forced or seduced to illicit
intercourse with another person shall be punishable as aforesaid].
1[366A. Procuration of minor
girl.—Whoever, by any means whatsoever, induces any minor girl under the age
of eighteen years to go from any place or to do any act with intent that such
girl may be, or knowing that it is likely that she will be, forced or seduced
to illicit intercourse with another person shall be punishable with
imprisonment which may extend to ten years, and shall also be liable to fine.]
1[366B. Importation of girl
from foreign country.—Whoever imports into 2[India] from any country outside
India 3[or from the State of Jammu and Kashmir] any girl under the age of
twenty-one years with intent that she may be, or knowing it to be likely that
she will be, forced or seduced to illicit intercourse with another person,
4[***] shall be punishable with imprisonment which may extend to ten years and
shall also be liable to fine.]
367. Kidnapping or abducting
in order to subject person to grievous hurt, slavery, etc.—Whoever kidnaps or
abducts any person in order that such person may be subjected, or may be so
disposed of as to be put in danger of being subject to grievous hurt, or
slavery, or to the unnatural lust of any person, or knowing it to be likely
that such person will be so subjected or disposed of, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
368. Wrongfully concealing
or keeping in confinement, kidnapped or abducted person.—Whoever, knowing that
any person has been kidnapped or has been abducted, wrongfully conceals or
confines such person, shall be punished in the same manner as if he had
kidnapped or abducted such person with the same intention or knowledge, or for
the same purpose as that with or for which he conceals or detains such person
in confinement.
369. Kidnapping or abducting
child under ten years with intent to steal from its person.—Whoever kidnaps or
abducts any child under the age of ten years with the intention of taking
dishonestly any movable property from the person of such child, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
370. Buying or disposing of
any person as a slave.—Whoever imports, exports, removes, buys, sells or
disposes of any person as a slave, or accepts, receives or detains against his
will any person as a slave, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
371. Habitual dealing in
slaves.—Whoever habitually imports, exports, removes, buys, sells, traffics or
deals in slaves, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term not exceeding ten years, and
shall also be liable to fine.
372. Selling minor for purposes
of prostitution, etc.—Whoever sells, lets to hire, or otherwise disposes of any
1[person under the age of eighteen years with intent that such person shall at
any age be employed or used for the purpose of prostitution or illicit
intercourse with any person or for any unlawful and immoral purpose, or knowing
it to be likely that such person will at any age be] employed or used for any
such purpose, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall be liable to fine. 2[Explanation
I.—When a female under the age of eighteen years is sold, let for hire, or
otherwise disposed of to a prostitute or to any person who keeps or manages a
brothel, the person so disposing of such female shall, until the contrary is
proved, be presumed to have disposed of her with the intent that she shall be
used for the purpose of prostitution. Explanation II.—For the purposes of this
section “illicit intercourse” means sexual intercourse between persons not
united by marriage or by any union or tie which, though not amounting to a
marriage, is recognised by the personal law or custom of the community to which
they belong or, where they belong to different communities, of both such
communities, as constituting between them a quasi-marital relation.]
373. Buying minor for
purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains
possession of any 1[person under the age of eighteen years with intent that such
person shall at any age be employed or used for the purpose of prostitution or
illicit intercourse with any person or for any unlawful and immoral purpose, of
knowing it to be likely that such person will at any age be] employed or used
for any purpose, shall be punished with imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine.
2[Explanation I.—Any prostitute or any person keeping or managing a brothel,
who buys, hires or otherwise obtains possession of a female under the age of
eighteen years shall, until the contrary is proved, be presumed to have
obtained possession of such female with the intent that she shall be used for
the purpose of prostitution. Explanation II.—“Illicit intercourse” has the same
meaning as in section 372.]
374. Unlawful compulsory
labour.—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.
1[375. Rape.—A man is said
to commit “rape” who, except in the case hereinafter excepted, has sexual
intercourse with a woman under circumstances falling under any of the six
following descriptions:—
(First) — Against her will.
(Secondly) —Without her
consent.
(Thirdly) — With her
consent, when her consent has been obtained by putting her or any person in
whom she is interested in fear of death or of hurt.
(Fourthly) —With her
consent, when the man knows that he is not her husband, and that her consent is
given because she believes that he is another man to whom she is or believes
herself to be lawfully married.
(Fifthly) — With her
consent, when, at the time of giving such consent, by reason of unsoundness of
mind or intoxication or the administration by him personally or through another
of any stupefying or unwholesome substance, she is unable to understand the
nature and consequences of that to which she gives consent.
(Sixthly) — With or without
her consent, when she is under sixteen years of age. Explanation.—Penetration
is sufficient to constitute the sexual intercourse necessary to the offence of
rape.
(Exception) —Sexual
intercourse by a man with his own wife, the wife not being under fifteen years
of age, is not rape.] STATE AMENDMENT
(Manipur) —(a) in clause
sixthly, for the word “sixteen” substitute the word “fourteen”; and
(b) in the Exception, for
the word “fifteen” substitute the word “thirteen”. [Vide Act 30 of 1950, sec. 3
(w.e.f. 16-4-1950) (made earlier than Act 43 of 1983)]. COMMENTS Absence of
injury on male organ of accused Where a prosecutrix is a minor girl suffering
from pain due to ruptured hymen and bleeding vagina depicts same, minor
contradictions in her statements they are not of much value, also absence of
any injury on male organ of accused is no valid ground for innocence of
accused, conviction under section 375 I.P.C. proper; Mohd. Zuber Noor Mohammed
Changwadia v. State of Gujarat, 1999 Cr LJ 3419 (Guj). Penetration Mere absence
of spermatozoa cannot cast a doubt on the correctness of the prosecution case;
Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841: AIR 1989 SC 702.
1[376. Punishment for rape.—
(1) 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 but which may be for life or for a term which may extend to ten
years and shall also be liable to fine unless the women raped is his own wife
and is not under twelve years of age, in which cases, he shall be punished with
imprisonment of either description for a term which may extend to two years or
with fine or with both: Provided that the court may, for adequate and special
reasons to be mentioned in the judgment, impose a sentence of imprisonment for
a term of less than seven years.
(2) Whoever,—
(a) being a police officer
commits rape—
(i) within the limits of the
police station to which he is appointed; or
(ii) in the premises of any
station house whether or not situated in the police station to which he is
appointed; or
(iii) on a woman in his
custody or in the custody of a police officer subordinate to him; or
(b) being a public servant,
takes advantage of his official position and commits rape on a woman in his
custody as such public servant or in the custody of a public servant
subordinate to him; or
(c) being on the management
or on the staff of a jail, remand home or other place of custody established by
or under any law for the time being in force or of a woman’s or children’s
institution takes advantage of his official position and commits rape on any
inmate of such jail, remand home, place or institution; or
(d) being on the management
or on the staff of a hospital, takes advantage of his official position and
commits rape on a woman in that hospital; or
(e) commits rape on a woman
knowing her to be pregnant; or
(f) commits rape on a woman
when she is under twelve years of age; or
(g) commits gang rape, shall
be punished with rigorous imprisonment for a term which shall not be less than
ten years but which may be for life and shall also be liable to fine: Provided
that the Court may, for adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment of either description for a term of
less than ten years. Explanation 1.—Where a woman is raped by one or more in a
group of persons acting in furtherance of their common intention, each of the
persons shall be deemed to have committed gang rape within the meaning of this
sub-section. Explanation 2.—“Women’s or children’s institution” means an
institution, whether called an orphanage or a home for neglected woman or
children or a widows’ home or by any other name, which is established and
maintained for the reception and care of woman or children. Explanation
3.—“Hospital” means the precincts of the hospital and includes the precincts of
any institution for the reception and treatment of persons during convalescence
or of persons requiring medical attention or rehabilitation.]
1[376A. Intercourse by a man
with his wife during separation.—Whoever has sexual intercourse with his own
wife, who is living separately from him under a decree of separation or under
any custom or usage without her consent shall be punished with imprisonment of
either description for a term which may extend to two years and shall also be
liable to fine.]
1[376B. Intercourse by
public servant with woman in his custody.—Whoever, being a public servant,
takes advantage of his official position and induces or seduces, any woman, who
is in his custody as such public servant or in the custody of a public servant
subordinate to him, to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to five years
and shall also be liable to fine.]
316 [376C. Intercourse by
superintendent of jail, remand home, etc.—Whoever, being the superintendent or
manager of a jail, remand home or other place of custody established by or
under any law for the time being in force or of a woman’s or children’s institution
takes advantage of his official position and induces or seduces any female
inmate of such jail, remand home, place or institution to have sexual
intercourse with him, such sexual intercourse not amounting to the offence of
rape, shall be punished with imprisonment of either description for a term
which may extend to five years and shall also be liable to fine. Explanation
1.—“Superintendent” in relation to jail, remand home or other place of custody
or a women’s or children’s institution includes a person holding any other
office in such jail, remand home, place or institution by virtue of which he
can exercise any authority or control over its inmates. Explanation 2.—The
expression “women’s or children’s institution” shall have the same meaning as
in Explanation 2 to sub-section (2) of section 376.]
1[376D. Intercourse by any
member of the management or staff of a hospital with any woman in that
hospital.—Whoever, being on the management of a hospital or being on the staff
of a hospital takes advantage of his position and has sexual intercourse with
any woman in that hospital, such sexual intercourse not amounting to the
offence of rape, shall be punished with imprisonment of either description for
a term which may extend to five years and shall also be liable to fine.
Explanation.—The expression “hospital” shall have the same meaning as in
Explanation 3 to sub-section (2) of section 376.]
377. Unnatural
offences.—Whoever voluntarily has carnal intercourse against the order of
nature with any man, woman or animal, shall be punished with 1[imprisonment for
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.
378. Theft.—Whoever,
intending to take dishonestly any moveable property out of the possession of
any person without that person’s consent, moves that property in order to such
taking, is said to commit theft. Explanation 1.—A thing so long as it is
attached to the earth, not being movable property, is not the subject of theft;
but it becomes capable of being the subject of theft as soon as it is severed
from the earth. Explanation 2.—A moving effected by the same act which affects
the severance may be a theft. Explanation 3.—A person is said to cause a thing
to move by removing an obstacle which prevented it from moving or by separating
it from any other thing, as well as by actually moving it. Explanation 4.—A
person, who by any means causes an animal to move, is said to move that animal,
and to move everything which, in consequence of the motion so caused, is moved
by that animal. Explanation 5.—The consent mentioned in the definition may be
express or implied, and may be given either by the person in possession, or by
any person having for that purpose authority either express or implied.
Illustrations
(a) A cuts down a tree on
Z’s ground, with the intention of dishonestly taking the tree out of Z’s
possession without Z’s consent. Here, as soon as A has severed the tree in
order to such taking, he has committed theft.
(b) A puts a bait for dogs
in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be
dishonestly to take the dog out of Z’s possession without Z’s consent. A has
committed theft as soon as Z’s dog has begun to follow A.
(c) A meets a bullock
carrying a box of treasure. He drives the bullock in a certain direction, in
order that he may dishonestly take the treasure. As soon as the bullock begins
to move, A has committed theft of the treasure.
(d) A, being Z’s servant,
and entrusted by Z with the care of Z’s plate, dishonestly runs away with the
plate, without Z’s consent. A has committed theft.
(e) Z, going on a journey,
entrusts his plate to A, the keeper of the warehouse, till Z shall return. A
carries the plate to a goldsmith and sells it. Here the plate was not in Z’s
possession. It could not therefore be taken out of Z’s possession, and A has
not committed theft, though he may have committed criminal breach of trust.
(f) A finds a ring belonging
to Z on a table in the house which Z occupies. Here the ring is in Z’s
possession, and if A dishonestly removes it, A commits theft.
(g) A finds a ring lying on
the highroad, not in the possession of any person. A by taking it, commits no
theft, though he may commit criminal misappropriation of property.
(h) A sees a ring belonging
to Z lying on a table in Z’s house. Not venturing to misappropriate the ring
immediately for fear of search and detection, A hides the ring in a place where
it is highly improbable that it will ever be found by Z, with the intention of
taking the ring from the hiding place and selling it when the loss is
forgotten. Here A, at the time of first moving the ring, commits theft.
(i) A delivers his watch to
Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the
jeweller any debt for which the jeweller might lawfully detain the watch as a
security, enters the shop openly, takes his watch by force out of Z’s hand, and
carries it away. Here A, though he may have committed criminal trespass and assault,
has not committed theft, in as much as what he did was not done dishonestly.
(j) If A owes money to Z for
repairing the watch, and if Z retains the watch lawfully as a security for the
debt, and A takes the watch out of Z’s possession, with the intention of
depriving Z of the property as a security for his debt, he commits theft, in as
much as he takes it dishonestly.
(k) Again, if A, having pawned
his watch to Z, takes it out of Z’s possession without Z’s consent, not having
paid what he borrowed on the watch, he commits theft, though the watch is his
own property in as much as he takes it dishonestly.
(l) A takes an article
belonging to Z out of Z’s possession, without Z’s consent, with the intention
of keeping it until he obtains money from Z as a reward for its restoration.
Here A takes dishonestly; A has therefore committed theft.
(m) A, being on friendly
terms with Z, goes into Z’s library in Z’s absence, and takes away a book
without Z’s express consent for the purpose merely of reading it, and with the
intention of returning it. Here, it is probable that A may have conceived that
he had Z’s implied consent to use Z’s book. If this was A’s impression, A has
not committed theft.
(n) A asks charity from Z’s
wife. She gives A money, food and clothes, which A knows to belong to Z her
husband. Here it is probable that A may conceive that Z’s wife is authorised to
give away alms. If this was A’s impression, A has not committed theft.
(o) A is the paramour of Z’s
wife. She gives a valuable property, which A knows to belong to her husband Z,
and to be such property as she has no authority from Z to give. If A takes the
property dishonestly, he commits theft.
(p) A, in good faith,
believing property belonging to Z to be A’s own property, takes that property
out of B’s possession. Here, as A does not take dishonestly, he does not commit
theft. Comments Ingredients The delay in hearing of appeal for long period is
no cause for not interfering with an order of acquittal which was based on
conjectures and surmises, resulting in gross failure of justice; State of
Rajasthan v. Shanker, 2000 Cr LJ 266 (Raj). Taking need not be permanent It is
not necessary that the taking should be of a permanent character, or that the
accused should have derived any profit. A temporary removal of an office file
from the office of a Chief Engineer and making it available to a private person
for a day or two amounts to the offence of theft; Pyare Lal Bhargava v. State
of Rajasthan, AIR 1963 SC 1094.
379. Punishment for
theft.—Whoever commits theft shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.
380. Theft in dwelling
house, etc.—Whoever commits theft in any building, tent or vessel, which
building, tent or vessel is used as a human dwelling, or used for the custody
of property, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
381. Theft by clerk or
servant of property in possession of master.—Whoever, being a clerk or servant,
or being employed in the capacity of a clerk or servant, commits theft in
respect of any property in the possession of his master or employer, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
382. Theft after preparation
made for causing death, hurt or restraint in order to the committing of the
theft.—Whoever commits theft, having made preparation for causing death, or
hurt, or restraint, or fear of death, or of hurt, or of restraint, to any
person, in order to the committing of such theft, or in order to the effecting
of his escape after the committing of such theft, or in order to the retaining
of property taken by such theft, shall be punished with rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to fine.
Illustrations
(a) A commits theft on
property in Z’s possession; and, while committing this theft, he has a loaded
pistol under his garment, having provided this pistol for the purpose of
hurting Z in case Z should resist. A has committed the offence defined in this
section.
(b) A picks Z’s pocket,
having posted several of his companions near him, in order that they may
restrain Z, if Z should perceive what is passing and should resist, or should
attempt to apprehend A. A has committed the offence defined in this section.
CLASSIFICATION OF OFFENCE Punishment—Rigorous imprisonment for 10 years and
fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.
383. Extortion.—Whoever
intentionally puts any person in fear of any injury to that person, or to any
other, and thereby dishonestly induces the person so put in fear to deliver to
any person any property or valuable security, or anything signed or sealed
which may be converted into a valuable security, commits “extortion”.
Illustrations
(a) A threatens to publish a
defamatory libel concerning Z unless Z gives him money. He thus induces Z to
give him money. A has committed extortion.
(b) A threatens Z that he
will keep Z’s child in wrongful confinement, unless Z will sign and deliver to
A a promissory note binding Z to pay certain monies to A. Z signs and delivers
the note. A has committed extortion.
(c) A threatens to send
club-men to plough up Z’s field unless Z will sign and deliver to B a bond
binding Z under a penalty to deliver certain produce to B, and thereby induces
Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear
of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank
paper and deliver it to A. Z signs and delivers the paper to A. Here, as the
paper so signed may be converted into a valuable security. A has committed extortion.
384. Punishment for
extortion.—Whoever commits extortion shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine, or
with both.
385. Putting person in fear
of injury in order to commit extortion.—Whoever, in order to the committing of
extortion, puts any person in fear, or attempts to put any person in fear, of
any injury, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
386. Extortion by putting a
person in fear of death or grievous hurt.—Whoever commits extortion by putting
any person in fear of death or of grievous hurt o that person or to any other,
shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
387. Putting person in fear
of death or of grievous hurt, in order to commit extortion.—Whoever, in order
to the committing of extortion, puts or attempts to put any person in fear of
death or of grievous hurt to that person or to any other, shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
388. Extortion by threat of
accusation of an offence punishable with death or imprisonment for life,
etc.—Whoever commits extortion by putting any person in fear of an accusation
against that person or any other, of having committed or attempted to commit
any offence punishable with death, or with 1[imprisonment for life], or with
imprisonment for a term which may extend to ten years or of having attempted to
induce any other person to commit such offence, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine; and, if the offence be one punishable under
section 377 of this Code, may be punished with 1[imprisonment for life].
389. Putting person in fear
of accusation of offence, in order to commit extortion.—Whoever, in order to
the committing of extortion, puts or attempts to put any person in fear of an
accusation, against that person or any other, of having committed, or
attempted to commit an offence punishable with death or with 1[imprisonment for
life], or with imprisonment for a term which may extend to ten years, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine; and, if the offence be punishable
under section 377 of this Code, may be punished with 1[imprisonment for life].
390. Robbery.—In all robbery
there is either theft or extortion. When theft is robbery.—Theft is “robbery”
if, in order to the committing of the theft, or in committing the theft, or in
carrying away or attempting to carry away property obtained by the theft, the
offender, for that end, voluntarily causes or attempts to cause to any person
death or hurt or wrongful restraint, or fear of instant death or of instant
hurt, or of instant wrongful restraint. When extortion is robbery.—Extortion is
“robbery” if the offender, at the time of committing the extortion, is in the
presence of the person put in fear, and commits the extortion by putting that
person in fear of instant death, of instant hurt, or of instant wrongful
restraint to that person or to some other person, and, by so putting in fear,
induces the person so put in fear then and there to deliver up the thing
extorted. Explanation.—The offender is said to be present if he is sufficiently
near to put the other person in fear of instant death, of instant hurt, or of
instant wrongful restraint. Illustrations
(a) A holds Z down and
fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent.
Here A has committed theft, and in order to the committing of that theft, has
voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high
roads, shows a pistol, and demands Z’s purse. Z in consequence, surrenders his
purse. Here A has extorted the purse from Z by putting him in fear of instant
hurt, and being at the time of committing the extortion in his presence. A has
therefore committed robbery.
(c) A meets Z and Z’s child
on the high road. A takes the child and threatens to fling it down a precipice,
unless Z delivers his purse. Z, in consequence delivers his purse. Here A has
extorted the purse from Z, by causing Z to be in fear of instant hurt to the
child who is there present. A has therefore committed robbery on Z.
(d) A obtains property from
Z by saying—“Your child is in the hands of my gang, and will be put to death
unless you send us ten thousand rupees”. This is extortion, and punishable as
such; but it is not robbery, unless Z is put in fear of the instant death of
his child. COMMENTS In order that theft may constitute robbery, prosecution has
to establish—
(a) if in order to the
committing of theft; or
(b) in committing the theft;
or
(c) in carrying away or
attempting to carry away property obtained by theft;
(d) the offender for that
end i.e. any of the ends contemplated by (a) to (c);
(e) voluntarily causes or
attempts to cause to any person death or hurt or wrongful restraint or fear of
instant death or of instant hurt or instant wrongful restraint. In other words,
theft would only be robbery if for any of the ends mentioned in (a) to (c) the
offender voluntarily causes or attempts to cause to any person death or hurt
or wrongful restraint or fear of instant death or of instant hurt or instant
wrongful restraint. If the ends does not fall within (a) to (c) but, the
offender still causes or attempts to cause to any person death or hurt or
wrongful restraint or fear of instant death or of instant hurt or instant
wrongful restraint, the offence would not be robbery. That (a) or (b) or (c)
have to be read conjunctively with (d) and (e). It is only when (a) or (b) or
(c) co-exist with (d) and (e) or there is a nexus between any of them and (d),
(e) would amount to robbery; State of Maharashtra v. Joseph Mingel Koli, (1997)
2 Crimes 228 (Bom).
391. Dacoity.—When five or
more persons conjointly commit or attempt to commit a robbery, or where the
whole number of persons conjointly committing or attempting to commit a
robbery, and persons present and aiding such commission or attempt, amount to
five or more, every person so committing, attempting or aiding, is said to
commit “dacoity”.
392. Punishment for
robbery.—Whoever commits robbery shall be punished with rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to fine; and,
if the robbery be committed on the highway between sunset and sunrise, the
imprisonment may be extended to fourteen years.
393. Attempt to commit
robbery.—Whoever attempts to commit robbery shall be punished with rigorous
imprisonment for a term which may extend to seven years, and shall also be
liable to fine.
394. Voluntarily causing
hurt in committing robbery.—If any person, in committing or in attempting to
commit robbery, voluntarily causes hurt, such person, and any other person
jointly concerned in committing or attempting to commit such robbery, shall be
punished with 1[imprisonment for life], or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine.
395. Punishment for
dacoity.—Whoever commits dacoity shall be punished with 1[imprisonment for
life], or with rigorous imprisonment for a term which may extend to ten years,
and shall also be liable to fine.
396. Dacoity with murder.—If
any one of five or more persons, who are conjointly committing dacoity, commits
murder in so committing dacoity, every one of those persons shall be punished
with death, or 1[imprisonment for life], or rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine.
397. Robbery, or dacoity,
with attempt to cause death or grievous hurt.—If, at the time of committing
robbery or dacoity, the offender uses any deadly weapon, or causes grievous
hurt to any person, or attempts to cause death or grievous hurt to any person,
the imprisonment with which such offender shall be punished shall not be less
than seven years.
398. Attempt to commit
robbery or dacoity when armed with deadly weapon.—If, at the time of attempting
to commit robbery or dacoity, the offender is armed with any deadly weapon, the
imprisonment with which such offender shall be punished shall not be less than
seven years.
399. Making preparation to
commit dacoity.—Whoever makes, any preparation for committing dacoity, shall be
punished with rigorous imprisonment for a term which may extend to ten years,
and shall also be liable to fine.
400. Punishment for
belonging to gang of dacoits.—Whoever, at any time after the passing of this
Act, shall belong to a gang of persons associated for the purpose of habitually
committing dacoity, shall be punished with 1[imprisonment for life], or with
rigorous imprisonment for a term which may extend to ten years, and shall also
be liable to fine.
401. Punishment for belonging
to gang of thieves.—Whoever, at any time after the passing of this Act, shall
belong to any wandering or other gang of persons associated for the purpose of
habitually committing theft or robbery, and not being a gang of thugs or
dacoits, shall be punished with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine.
402. Assembling for purpose
of committing dacoity.—Whoever, at any time after the passing of this Act,
shall be one of five or more persons assembled for the purpose of committing
dacoity, shall be punished with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine.
403. Dishonest
misappropriation of property.—Whoever dishonestly mis-appropriates or converts
to his own use any movable property, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both. Illustrations
(a) A takes property
belonging to Z out of Z’s possession, in good faith, believing, at any time
when he takes it, that the property belongs to himself. A is not guilty of
theft; but if A, after discovering his mistake, dishonestly appropriates the
property to his own use, he is guilty of an offence under this section.
(b) A, being on friendly
terms with Z, goes into Z’s library in Z’s absence, and takes away a book
without Z’s express consent. Here, if A was under the impression that he had
Z’s implied consent to take the book for the purpose of reading it, A has not
committed theft. But, if A afterwards sells the book for his own benefit, he is
guilty of an offence under this section.
(c) A and B, being joint
owners of a horse, A takes the horse out of B’s possession, intending to use
it. Here, as A has a right to use the horse, he does not dishonestly
misappropriate it. But, if A sells the horse and appropriates the whole
proceeds to his own use, he is guilty of an offence under this section.
Explanation I.—A dishonest misappropriation for a time only is a
misappropriation with the meaning of this section. Illustration A finds a
Government promissory note belonging to Z, bearing a blank endorsement. A,
knowing that the note belongs to Z, pledges it with a banker as a security for
a loan, intending at a future time to restore it to Z. A has committed an
offence under this section. Explanation 2.—A person who finds property not in
the possession of any other person, and takes such property for the purpose of
protecting if for, or of restoring it to, the owner does not take or
misappropriate it dishonestly, and is not guilty of an offence; but he is
guilty of the offence above defined, if he appropriates it to his own use, when
he knows or has the means of discovering the owner, or before he has used
reasonable means to discover and give notice to the owner and has kept the
property a reasonable time to enable the owner to claim it. What are reasonable
means or what is a reasonable time in such a case, is a question of fact. It is
not necessary that the finder should know who is the owner of the property, or
that any particular person is the owner of it; it is sufficient if, at the time
of appropriating it, he does not believe it to be his own property, or in good
faith believe that the real owner cannot be found. Illustrations
(a) A finds a rupee on the
high road, not knowing to whom the rupee belongs. A picks up the rupee. Here A
has not committed the offence defined in this section.
(b) A finds a letter on the
road, containing a bank note. From the direction and contents of the letter he
learns to whom the note belongs. He appropriates the note. He is guilty of an
offence under this section.
(c) A finds a cheque payable
to bearer. He can form no conjecture as to the person who has lost the cheque.
But the name of the person, who has drawn the cheque, appears. A knows that
this person can direct him to the person in whose favour the cheque was drawn.
A appropriates the cheque without attempting to discover the owner. He is
guilty of an offence under this section.
(d) A sees Z drop his purse
with money in it. A picks up the purse with the intention of restoring it to Z,
but afterwards appropriates it to his own use. A has committed an offence under
this section.
(e) A finds a purse with
money, not knowing to whom it belongs; he afterwards discovers that it belongs
to Z, and appropriates it to his own use. A is guilty of an offence under this
section.
(f) A finds a valuable ring,
not knowing to whom it belongs. A sells it immediately without attempting to
discover the owner. A is guilty of an offence under this section.
CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 2 years, or fine, or
both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the
owner of the property misappropriated with the permission of the court.
comments Dishonest misappropriation or conversion of property The words
’converts to his own use’ necessarily connote the use or dealing with the
property in derogation of the rights of the owner; Ramaswami Nadar v. State of
Madras, AIR 1958 SC 56. Ingreidents It has been held that the word ‘dishonestly’
and ‘misappropriate’ are necessary ingredients of an offence under section 403.
Any dispute being about recovery of money is purely of civil nature. Hence a
criminal complaint regarding such a matter is not maintainable, U. Dhar v.
State of Jharkhand, AIR 2003 SC 974.
404. Dishonest
misappropriation of property possessed by deceased person at the time of his
death.—Whoever dishonestly misappropriates or converts to his own use
property, knowing that such property was in the possession of a deceased person
at the time of that person’s decease, and has not since been in the possession
of any person legally entitled to such possession, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine; and if the offender at the time of such
person’s decease was employed by him as a clerk or servant, the imprisonment
may extend to seven years. Illustration Z dies in possession of furniture and
money. His servant A, before the money comes into the possession of any person
entitled to such possession, dishonestly misappropriates it. A has committed
the offence defined in this section. CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine—Non-Cognizable—Bailable—Triable
by Magistrate of the first class—Non-compoundable. If by clerk or person
employed by deceased: Punishment—Imprisonment for 7 years and
fine—Non-Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
405. Criminal breach of
trust.—Whoever, being in any manner entrusted with property, or with any
dominion over property, dishonestly misappropriates or converts to his own use
that property, or dishonestly uses or disposes of that property in violation of
any direction of law prescribing the mode in which such trust is to be
discharged, or of any legal contract, express or implied, which he has made
touching the discharge of such trust, or wilfully suffers any other person so
to do, commits “criminal breach of trust”. 1[Explanation 2[1].—A person, being
an employer 3[of an establishment whether exempted under section 17 of the
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952),
or not] who deducts the employee’s contribution from the wages payable to the
employee for credit to a Provident Fund or Family Pension Fund established by
any law for the time being in force, shall be deemed to have been entrusted
with the amount of the contribution so deducted by him and if he makes default
in the payment of such contribution to the said Fund in violation of the said
law, shall be deemed to have dishonestly used the amount of the said
contribution in violation of a direction of law as aforesaid.] 4[Explanation
2.—A person, being an employer, who deducts the employees’ contribution from
the wages payable to the employee for credit to the Employees’ State Insurance
Fund held and administered by the Employees’ State Insurance Corporation
established under the Employees’ State Insurance Act, 1948 (34 of 1948), shall
be deemed to have been entrusted with the amount of the contribution so
deducted by him and if he makes default in the payment of such contribution to
the said Fund in violation of the said Act, shall be deemed to have dishonestly
used the amount of the said contribution in violation of a direction of law as
aforesaid.] Illustrations
(a) A, being executor to the
will of a deceased person, dishonestly disobeys the law which directs him to
divide the effects according to the will, and appropriate them to his own use.
A has committed criminal breach of trust.
(b) A is a warehouse-keeper.
Z going on a journey, entrusts his furniture to A, under a contract that it
shall be returned on payment of a stipulated sum for warehouse room. A
dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Calcutta,
is agent for Z, residing at Delhi. There is an express or implied contract
between A and Z, that all sums remitted by Z to A shall be invested by A,
according to Z’s direction. Z remits a lakh of rupees to A, with directions to
A to invest the same in Company’s paper. A dishonestly disobeys the direction
and employs the money in his own business. A has committed criminal breach of
trust.
(d) But if A, in the last
illustration, not dishonestly but in good faith, believing that it will be more
for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s
directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s
paper, here, though Z should suffer loss, and should be entitled to bring a
civil action against A, on account of that loss, yet A, not having acted
dishonestly, has not committed criminal breach of trust.
(e) A, a revenue-officer, is
entrusted with public money and is either directed by law, or bound by a
contract, express or implied, with the Government, to pay into a certain
treasury all the public money which he holds. A dishonestly appropriates the
money. A has committed criminal breach of trust.
(f) A, a carrier, is
entrusted by Z with property to be carried by land or by water. A dishonestly
misappropriates the property. A has committed criminal breach of trust.
Comments Criminal Conspiracy Sanction for prosecution is not necessary if a
public servant is charged for offence of entering into a criminal conspiracy
for committed breach of trust; State of Kerala v. Padmanabham Nair, 1999 Cr LJ
3696 (SC). Criminal breach of trust: Meaning and extent It must be proved that
the beneficial interest in the property in respect of which the offence is
alleged to have been committed was vested in some person other than the
accused, and that the accused held that property on behalf of that person. A
relationship is created between the transferor and transferee, whereunder the
transferor remains the owner of the property and the transferee has legal
custody of the property for the benefit of the transferor himself or transferee
has only the custody of the property for the benefit of the transferor himself
or someone else. At best, the transferee obtains in the property entrusted to
him only special interest limited to claim for his charges in respect of its
safe retention, and under no circumstances does he acquire a right to dispose
of that property in contravention of the condition of the entrustment;
Jaswantrai Manilal Akhaney v. State of Bombay, AIR 1956 SC 575. Entrustment The
word entrusted in the section is very important unless there is entrustment,
there can be no offence under the section; Ramaswami Nadar v. State of Madras,
AIR 1958 SC 56.
406. Punishment for criminal
breach of trust.—Whoever commits criminal breach of trust shall be punished
with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
407. Criminal breach of
trust by carrier, etc.—Whoever, being entrusted with property as a carrier,
wharfinger or warehouse-keeper, commits criminal breach of trust in respect of
such property, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
408. Criminal breach of
trust by clerk or servant.—Whoever, being a clerk or servant or employed as a
clerk or servant, and being in any manner entrusted in such capacity with
property, or with any dominion over property, commits criminal breach of trust
in respect of that property, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
409. Criminal breach of
trust by public servant, or by banker, merchant or agent.—Whoever, being in any
manner entrusted with property, or with any dominion over property in his
capacity of a public servant or in the way of his business as a banker, merchant,
factor, broker, attorney or agent, commits criminal breach of trust in respect
of that property, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
410. Stolen
property.—Property, the possession whereof has been transferred by theft, or by
extortion, or by robbery, and property which has been criminally
misappropriated or in respect of which 1[***] criminal breach of trust has been
committed, is designated as “stolen property”, 2[whether the transfer has been
made, or the misappropriation or breach of trust has been committed, within or
without 3[India]]. But, if such property subsequently comes into the
possession of a person legally entitled to the possession thereof, it then
ceases to be stolen property.
411. Dishonestly receiving
stolen property.—Whoever dishonestly receives or retains any stolen property,
knowing or having reason to believe the same to be stolen property, shall be
punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
412. Dishonestly receiving
property stolen in the commission of a dacoity.—Whoever dishonestly receives or
retains any stolen property, the possession whereof he knows or has reason to
believe to have been transferred by the commission of dacoity, or dishonestly
receives from a person, whom he knows or has reason to believe to belong or to
have belonged to a gang of dacoits, property which he knows or has reason to
believe to have been stolen, shall be punished with 1[imprisonment for life],
or with rigorous imprisonment for a term which may extend to ten years, and
shall also be liable to fine.
413. Habitually dealing in
stolen property.—Whoever habitually receives or deals in property which he
knows or has reason to believe to be stolen property, shall be punished with
1[imprisonment for life], or with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
414. Assisting in
concealment of stolen property.—Whoever voluntarily assists in concealing or
disposing of or making away with property which he knows or has reason to
believe to be stolen property, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.
415. Cheating.—Whoever, by
deceiving any person, fraudulently or dishonestly induces the person so
deceived to deliver any property to any person, or to consent that any person
shall retain any property, or intentionally induces the person so deceived to
do or omit to do anything which he would not do or omit if he were not so
deceived, and which act or omission causes or is likely to cause damage or harm
to that person in body, mind, reputation or property, is said to “cheat”.
Explanation.—A dishonest concealment of facts is a deception within the meaning
of this section. Illustrations
(a) A, by falsely pretending
to be in the Civil Service, intentionally deceives Z, and thus dishonestly
induces Z to let him have on credit goods for which he does not mean to pay. A
cheats.
(b) A, by putting a
counterfeit mark on an article, intentionally deceives Z into a belief that
this article was made by a certain celebrated manufacturer, and thus
dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a
false sample of an article, intentionally deceives Z into believing that the
article corresponds with the sample, and thereby, dishonestly induces Z to buy
and pay for the article. A cheats.
(d) A, by tendering in
payment for an article a bill on a house with which A keeps no money, and by
which A expects that the bill will be dishonored, intentionally deceives Z, and
thereby dishonestly induces Z to deliver the article, intending not to pay for
it. A cheats.
(e) A, by pledging as
diamonds article which he knows are not diamonds, intentionally deceives Z, and
thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives
Z into a belief that A means to repay any money that Z may lend to him and
thereby dishonestly induces Z to lend him money. A not intending to repay it. A
cheats.
(g) A intentionally deceives
Z into a belief that A means to deliver to Z a certain quantity of indigo plant
which he does not intend to deliver, and thereby dishonestly induces Z to
advance money upon the faith of such delivery. A cheats; but if A, at the time
of obtaining the money, intends to deliver the indigo plant, and afterwards
breaks his contract and does not deliver it, he does not cheat, but is liable
only to a civil action for breach of contract.
(h) A intentionally deceives
Z into a belief that A has performed A’s part of a contract made with Z, which
he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an
estate to B. A, knowing that in consequence of such sale he has no right to
the property, sells or mortgages the same to Z, without disclosing the fact of
the previous sale and conveyance to B, and receives the purchase or mortgage
money from Z. A cheats.
416. Cheating by
personation.—A person is said to “cheat by personation” if he cheats by
pretending to be some other person, or by knowingly substituting one person for
another, or representing that he or any other person is a person other than he
or such other person really is. Explanation.—The offence is committed whether
the individual personated is a real or imaginary person. Illustration
(a) A cheats by pretending
to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending
to be B, a person who is deceased. A cheats by personation.
417. Punishment for
cheating.—Whoever cheats shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with
both.
418. Cheating with knowledge
that wrongful loss may ensue to person whose interest offender is bound to
protect.—Whoever cheats with the knowledge that he is likely thereby to cause
wrongful loss to a person whose interest in the transaction to which the
cheating relates, he was bound, either by law, or by a legal contract, to
protect, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
419. Punishment for cheating
by personation.—Whoever cheats by personation shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
420. Cheating and
dishonestly inducing delivery of property.—Whoever cheats and thereby
dishonestly induces the person deceived to deliver any property to any person,
or to make, alter or destroy the whole or any part of a valuable security, or
anything which is signed or sealed, and which is capable of being converted
into a valuable security, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
421. Dishonest or fraudulent
removal or concealment of property to prevent distribution among
creditors.—Whoever dishonestly or fraudulently removes, conceals or delivers to
any person, or transfer or causes to be transferred to any person, without
adequate consideration, any property, intending thereby to prevent, or knowing
it to be likely that he will thereby prevent, the distribution of that property
according to law among his creditors or the creditors of any other person,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable
by any Magistrate—Compoundable by the creditor who are affected thereby with
the permission of the court.
422. Dishonestly or
fraudulently preventing debt being available for creditors.—Whoever dishonestly
or fraudulently prevents any debt or demand due to himself or to any other
person from being made available according to law for payment of his debts or
the debts of such other person, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
423. Dishonest or fraudulent
execution of deed of transfer containing false statement of
consideration.—Whoever dishonestly or fraudulently signs, executes or becomes a
party to any deed or instrument which purports to transfer or subject to any
charge any property, or any interest therein, and which contains any false
statement relating to the consideration for such transfer or charge, or relating
to the person or persons for whose use or benefit it is really intended to
operate, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
424. Dishonest or fraudulent
removal or concealment of property.—Whoever dishonestly or fraudulently
conceals or removes any property of himself or any other person, or dishonestly
or fraudulently assists in the concealment or removal thereof, or dishonestly
releases any demand or claim to which he is entitled, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
425. Mischief.—Whoever with
intent to cause, or knowing that he is likely to cause, wrongful loss or damage
to the public or to any person, causes the destruction of any property, or any
such change in any property or in the situation thereof as destroys or diminishes
its value or utility, or affects it injuriously, commits “mischief”.
Explanation 1.—It is not essential to the offence of mischief that the offender
should intend to cause loss or damage to the owner of the property injured or
destroyed. It is sufficient if he intends to cause, or knows that he is likely
to cause, wrongful loss or damage to any person by injuring any property,
whether it belongs to that person or not. Explanation 2.—Mischief may be
committed by an act affecting property belonging to the person who commits the
act, or to that person and others jointly. Illustrations
(a) A voluntarily burns a
valuable security belonging to Z intending to cause wrongful loss to Z. A has
committed mischief.
(b) A introduces water into
an ice-house belonging to Z and thus causes the ice to melt, intending wrongful
loss to Z. A has committed mischief.
(c) A voluntarily throws
into a river a ring belonging to Z, with the intention of thereby causing
wrongful loss to Z. A has committed mischief.
(d) A, knowing that his
effects are about to be taken in execution in order to satisfy a debt due from
him to Z, destroys those effects, with the intention of thereby preventing Z
from obtaining satisfaction of the debt, and of thus causing damage to Z. A
has committed mischief.
(e) A, having insured a
ship, voluntarily causes the same to be cast away, with the intention of
causing damage to the under-writers. A has committed mischief.
(f) A causes a ship to be
cast away, intending thereby to cause damage to Z who has lent money on
bottomry on the ship. A has committed mischief.
(g) A, having joint property
with Z in a horse, shoots the horse, intending thereby to cause wrongful loss
to Z. A has committed mischief.
(h) A causes cattle to enter
upon a field belonging to Z, intending to cause and knowing that he is likely
to cause damage to Z’s crop. A has committed mischief.
426. Punishment for
mischief.—Whoever commits mischief shall be punished with imprisonment of
either description for a term which may extend to three months, or with fine,
or with both.
427. Mischief causing damage
to the amount of fifty rupees.—Whoever commits mischief and thereby causes loss
or damage to the amount of fifty rupees or upwards, shall be punished with
imprisonment of either description for a term which may extend to two years,
or with fine, or with both.
428. Mischief by killing or
maiming animal of the value of ten rupees.—Whoever commits mischief by killing,
poisoning, maiming or rendering useless any animal or animals of the value of
ten rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
429. Mischief by killing or
maiming cattle, etc., of any value or any animal of the value of fifty
rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering
useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever
may be the value thereof, or any other animal of the value of fifty rupees or
upwards, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both.
INDIAN PENAL CODE
430. Mischief by injury to
works of irrigation or by wrongfully diverting water.—Whoever commits mischief
by doing any act which causes, or which he knows to be likely to cause, a
diminution of the supply of water for agricultural purposes, or for food or
drink for human beings or for animals which are property, or for cleanliness or
for carrying on any manufacture, shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with
both.
431. Mischief by injury to
public road, bridge, river or channel.—Whoever commits mischief by doing any
act which renders or which he knows to be likely to render any public road,
bridge, navigable river or navigable channel, natural or artificial, impassable
or less safe for travelling or conveying property, shall be punished with
imprisonment of either description for a term which may extend to five years,
or with fine, or with both.
432. Mischief by causing
inundation or obstruction to public drainage attended with damage.—Whoever
commits mischief by doing any act which causes or which he knows to be likely
to cause an inundation or an obstruction to any public drainage attended with
injury or damage, shall be punished with imprisonment of either description for
a term which may extend to five years, or with fine, or with both.
433. Mischief by destroying,
moving or rendering less useful a light-house or sea-mark.—Whoever commits
mischief by destroying or moving any light-house or other light used as a
sea-mark or any sea-mark or buoy or other thing placed as a guide for
navigators, or by any act which renders any such light-house, sea-mark, buoy or
other such thing as aforesaid less useful as a guide for navigators, shall be
punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
434. Mischief by destroying
or moving, etc., a land-mark fixed by public authority.—Whoever commits
mischief by destroying or moving any land-mark fixed by the authority of a
public servant, or by any act which renders such land-mark less useful as such,
shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
435. Mischief by fire or
explosive substance with intent to cause damage to amount of one hundred or (in
case of agricultural produce) ten rupees.—Whoever commits mischief by fire or
any explosive substance intending to cause, or knowing it to be likely that he
will thereby cause, damage to any property to the amount of one hundred rupees
or upwards 1[or (where the property is agricultural produce) ten rupees or
upwards], shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
436. Mischief by fire or
explosive substance with intent to destroy house, etc.—Whoever commits mischief
by fire or any explosive substance, intending to cause, or knowing it to be
likely that he will thereby cause, the destruction of any building which is
ordinarily used as a place of worship or as a human dwelling or as a place for
the custody of property, shall be punished with 1[imprisonment for life], or
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
437. Mischief with intent to
destroy or make unsafe a decked vessel or one of twenty tons burden.—Whoever
commits mischief to any decked vessel or any vessel of a burden of twenty tons
or upwards, intending to destroy or render unsafe, or knowing it to be likely
that he will thereby destroy or render unsafe, that vessel, shall be punished
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
438. Punishment for the
mischief described in section 437 committed by fire or explosive
substance.—Whoever commits, or attempts to commit, by fire or any explosive
substance, such mischief as is described in the last preceding section, shall
be punished with 1[imprisonment for life], or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.
439. Punishment for
intentionally running vessel aground or ashore with intent to commit theft,
etc.—Whoever intentionally runs any vessel aground or ashore, intending to
commit theft of any property contained therein or to dishonestly misappropriate
any such property, or with intent that such theft or misappropriation of
property may be committed, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.
440. Mischief committed
after preparation made for causing death or hurt.—Whoever commits mischief,
having made preparation for causing to any person death, or hurt, or wrongful
restraint, or fear of death, or of hurt, or of wrongful restraint, shall be
punished with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.
441. Criminal
trespass.—Whoever enters into or upon property in the possession of another
with intent to commit an offence or to intimidate, insult or annoy any person
in possession of such property, or having lawfully entered into or upon such
property, unlawfully remains there with intent thereby to intimidate, insult or
annoy any such person, or with intent to commit an offence, is said to commit
“criminal trespass”. STATE AMENDMENT
(Orissa) —For section 441,
the following section shall be substituted, namely:— “441. Criminal Trespass.—Whoever
enters into or upon property in possession of another with intent to commit an
offence or to intimidate, insult or annoy any person in possession of such
property, or, having lawfully entered into or upon such property, unlawfully
remains there with intent thereby to intimidate, insult or annoy any such
person or with intent to commit an offence, or having lawfully entered into or
upon such property, remains there with the intention of taking unauthorised
possession or making unauthorised use of such property and fails to withdraw
such property or its possession or use, when called upon to do so by that
another person by notice in writing, duly served on him, is said to have commit
“criminal trespass.“ [Vide Orissa Act 22 of 1986, sec. 2 (w.e.f. 6-12-1986)].
Uttar Pradesh.—For section 441, substitute the following:— “441. Criminal
Trespass.—Whoever enters into or upon property in possession of another with
intent to commit an offence or to intimidate, insult or annoy and person in
possession of such property, or having lawfully entered into or upon such
property, unlawfully remains therewith intent thereby to intimidate, insult or
annoy any such person, or with intent to commit an offence, or, having entered
into or upon such property, whether before or after the coming into force of
the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking
unauthorised possession or making unauthorised use of such property fails to
withdraw from such property or its possession or use, when called upon to do so
by that another person by notice in writing, duly served upon him, by the date
specified in the notice, is said to commit “criminal trespass”. [Vide Uttar
Pradesh Act 31 of 1961, sec. 2 (w.e.f. 13-11-1961)].
442. House trespass.—Whoever
commits criminal trespass by entering into or remaining in any building, tent
or vessel used as a human dwelling or any building used as a place for worship,
or as a place for the custody of property, is said to commit “house-trespass”.
Explanation.—The introduction of any part of the criminal trespasser’s body is
entering sufficient to constitute house-trespass.
443. Lurking
house-trespass.—Whoever commits house-trespass having taken precautions to
conceal such house-trespass from some person who has a right to exclude or
eject the trespasser from the building, tent or vessel which is the subject of
the trespass, is said to commit “lurking house-trespass”.
444. Lurking house-trespass
by night.—Whoever commits lurking house-trespass after sunset and before
sunrise, is said to commit “lurking house-trespass by night”.
445. House breaking.—A
person is said to commit “house-breaking” who commits house-trespass if he
effects his entrance into the house or any part of it in any of the six ways
hereinafter described; or if, being in the house or any part of it for the
purpose of committing an offence, or, having committed an offence therein, he
quits the house or any part of it in any of such six ways, that is to say—
(First) —If he enters or
quits through a passage by himself, or by any abettor of the house-trespass, in
order to the committing of the house-trespass.
(Secondly) —If he enters or
quits through any passage not intended by any person, other than himself or an
abettor of the offence, for human entrance; or through any passage to which he
has obtained access by scaling or climbing over any wall or building.
(Thirdly) —If he enters or
quits through any passage which he or any abettor of the house-trespass has
opened, in order to the committing of the house-trespass by any means by which
that passage was not intended by the occupier of the house to be opened.
(Fourthly) —If he enters or
quits by opening any lock in order to the committing of the house-trespass, or
in order to the quitting of the house after a house-trespass.
(Fifthly) —If he effects his
entrance or departure by using criminal force or committing an assault or by
threatening any person with assault.
(Sixthly) —If he enters or
quits by any passage which he knows to have been fastened against such entrance
or departure, and to have been unfastened by himself or by an abettor of the
house-trespass. Explanation.—Any out-house or building occupied with a house,
and between which and such house there is an immediate internal communication,
is part of the house within the meaning of this section. Illustrations
(a) A commits house-trespass
by making a hole through the wall of Z’s house, and putting his hand through
the aperture. This is house-breaking.
(b) A commits house-trespass
by creeping into a ship at a port-hole between decks. This is house-breaking.
(c) A commits house-trespass
by entering Z’s house through a window. This is house-breaking.
(d) A commits house-trespass
by entering Z’s house through the door, having opened a door which was
fastened. This is house-breaking.
(e) A commits house-trespass
by entering Z’s house through the door, having lifted a latch by putting a wire
through a hole in the door. This is house-breaking.
(f) A finds the key of Z’s
house door, which Z had lost, and commits house-trespass by entering Z’s
house, having opened the door with that key. This is house-breaking.
(g) Z is standing in his
doorway. A forces a passage by knocking Z down, and commits house-trespass by
entering the house. This is house-breaking.
(h) Z, the door-keeper of Y,
is standing in Y’s doorway. A commits house-trespass by entering the house,
having deterred Z from opposing him by threatening to beat him. This is
house-breaking.
446. House-breaking by
night.—Whoever commits house-breaking after sunset and before sunrise, is said
to commit “house-breaking by night”.
447. Punishment for criminal
trespass.—Whoever commits criminal trespass shall be punished with imprisonment
of either description for a term which may extend to three months, with fine
or which may extend to five hundred rupees, or with both.
448. Punishment for
house-trespass.—Whoever commits house-trespass shall be punished with
imprisonment of either description for a term which may extend to one year, or
with fine which may extend to one thousand rupees, or with both.
449. House-trespass in order
to commit offence punishable with death.—Whoever commits house-trespass in
order to the committing of any offence punishable with death, shall be punished
with 1[imprisonment for life], or with rigorous imprisonment for a term not
exceeding ten years, and shall also be liable to fine. Punishment—Imprisonment
for life, or rigorous imprisonment for 10 years and
fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
450. House-trespass in order
to commit offence punishable with imprisonment for life.—Whoever commits
house-trespass in order to the committing of any offence punishable with
1[imprisonment for life], shall be punished with imprisonment of either description
for a term not exceeding ten years, and shall also be liable to fine.
451. House-trespass in order
to commit offence punishable with imprisonment.—Whoever commits house-trespass
in order to the committing of any offence punishable with imprisonment, shall
be punished with imprisonment of either description for a term which may extend
to two years, and shall also be liable to fine; and if the offence intended to
be committed is theft, the term of the imprisonment may be extended to seven
years.
452. House-trespass after
preparation for hurt, assault or wrongful restraint.—Whoever commits
house-trespass, having made preparation for causing hurt to any person or for
assaulting any person, or for wrongfully restraining any person, or for putting
any person in fear of hurt, or of assault, or of wrongful restraint, shall be
punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine.
453. Punishment for lurking
house-trespass or house-breaking.—Whoever commits lurking house-trespass or
house-breaking, shall be punished with imprisonment of either description for a
term which may extend to two years, and shall also be liable to fine.
454. Lurking house-trespass
or house-breaking in order to commit offence punishable with
imprisonment.—Whoever commits lurking house-trespass or house-breaking, in
order to the committing of any offence punishable with imprisonment, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine; and if the offence intended to
be committed is theft, the term of the imprisonment may be extended to ten years.
455. Lurking house-trespass
or house-breaking after preparation for hurt, assault or wrongful
restraint.—Whoever commits lurking house-trespass, or house-breaking, having
made preparation for causing hurt to any person, or for assaulting any person,
or for wrongfully restraining any person, or for putting any person in fear of
hurt, or of assault, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
456. Punishment for lurking
house-trespass or house-breaking by night.—Whoever commits lurking
house-trespass by night, or house-breaking by night, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
457. Lurking house-trespass
or house-breaking by night in order to commit offence punishable with
imprisonment.—Whoever commits lurking house-trespass by night, or
house-breaking by night, in order to the committing of any offence punishable
with imprisonment, shall be punished with imprisonment of either description
for a term which may extend to five years, and shall also be liable to fine;
and, if the offence intended to be committed is theft, the term of the
imprisonment may be extended to fourteen years.
458. Lurking house-trespass
or house-breaking by night after preparation for hurt, assault, or wrongful
restraint.—Whoever commits lurking house-trespass by night, or house-breaking
by night, having made preparation for causing hurt to any person or for assaulting
any person, or for wrongfully restraining any person, or for putting any person
in fear of hurt, or of assault, or of wrongful restraint, shall be punished
with imprisonment of either description for a term which may extend to fourteen
years, and shall also be liable to fine.
459. Grievous hurt caused
whilst committing lurking house trespass or house-breaking.—Whoever, whilst
committing lurking house-trespass or house-breaking, causes grievous hurt to
any person or attempts to cause death or grievous hurt to any person, shall be
punished with 1[imprisonment for life], or imprisonment of either description
for a term which may extend to ten years, and shall also be liable to fine.
460. All persons jointly
concerned in lurking house-trespass or house-breaking by night punishable where
death or grievous hurt caused by one of them.—If, at the time of the committing
of lurking house-trespass by night or house-breaking by night, any person guilty
of such offence shall voluntarily cause or attempt to cause death or grievous
hurt to any person, every person jointly concerned in committing such lurking
house-trespass by night or house-breaking by night, shall be punished with 1[imprisonment
for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
461. Dishonestly breaking
open receptacle containing property.—Whoever dishonestly or with intent to
commit mischief, breaks open or unfastens any closed receptacle which contains
or which he believes to contain property, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.
462. Punishment for same
offence when committed by person entrusted with custody.—Whoever, being
entrusted with any closed receptacle which contains or which he believes to
contain property, without having authority to open the same, dishonestly, or
with intent to commit mischief, breaks open or unfastens that receptacle, shall
be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
463. Forgery.— 340 [Whoever
makes any false documents or false electronic record or part of a document or
electronic record, with intent to cause damage or injury], to the public or to
any person, or to support any claim or title, or to cause any person to part
with property, or to enter into any express or implied contract, or with intent
to commit fraud or that fraud may be committed, commits forgery.
464 Making a false document. — 341 [A
person is said to make a false document or false electronic record— First —Who
dishonestly or fradulently—
(a) makes, signs, seals or
executes a document or part of a document;
(b) makes or transmits any
electronic record or part of any electronic record;
(c) affixes any 342 [electronic
signature] on any electronic record;
(d) makes any mark denoting
the execution of a document or the authenticity of the 342 [electronic
signature],
with the intention of causing it
to be believed that such document or part of document, electronic record or 342 [electronic
signature] was made, signed, sealed, executed, transmitted or affixed by or by
the authority of a person by whom or by whose authority he knows that it was
not made, signed, sealed, executed or affixed; or Secondly —Who, without lawful
authority, dishonestly or fraudulently, by cancellation or otherwise, alters a
document or an electronic record in any material part thereof, after it has
been made, executed or affixed with 342 [electronic
signature] either by himself or by any other person, whether such person be
living or dead at the time of such alteration; or Thirdly —Who dishonestly or
fraudulently causes any person to sign, seal, execute or alter a document or an
electronic record or to affix his 342 [electronic
signature] on any electronic record knowing that such person by reason of
unsoundness of mind or intoxication cannot, or that by reason of deception
practised upon him, he does not know the contents of the document or electronic
record or the nature of the alteration.] Illustrations
(a) A has a letter of credit
upon B for rupees 10,000 written by Z. A, in order to defraud B, adds a cipher
to the 10,000, and makes the sum 1,00,000 intending that it may be believed by
B that Z so wrote the letter. A has committed forgery.
(b) A, without Z 's
authority, affixes Z 's seal to a document purporting to be a conveyance of an
estate from Z to A, with the intention of selling the estate to B, and thereby
of obtaining from B the purchase-money. A has committed forgery.
(c) A picks up a cheque on a
banker signed by B, payable to bearer, but without any sum having been inserted
in the cheque. A fraudulently fills up the cheque by inserting the sum of ten
thousand rupees. A commits forgery.
(d) A leaves with B, his
agent, a cheque on a banker, signed by A, without inserting the sum payable and
authorizes B to fill up the cheque by inserting a sum not exceeding ten
thousand rupees for the purpose of making certain payment. B fraudulently fills
up the cheque by inserting the sum of twenty thousand rupees. B commits
forgery.
(e) A draws a bill of
exchange on himself in the name of B without B 's authority, intending to
discount it as a genuine bill with a banker and intending to take up the bill
on its maturity. Here, as A draws the bill with intent to deceive the banker by
leading him to suppose that he had the security of B, and thereby to discount
the bill, A is guilty of forgery.
(f) Z 's will contains the
these words—“I direct that all my remaining property be equally divided between
A, B and C .” A dishonestly scratches out B 's name, intending that it may be
believed that the whole was left to himself and C. A has committed forgery.
(g) A endorses a Government
promissory note and makes it payable to Z or his order by writing on the bill
the words “Pay to Z or his order” and signing the endorsement. B dishonestly
erases the words “Pay to Z or his order”, and thereby converts the special endorsement
into a blank endorsement. B commits forgery.
(h) A sells and conveys an
estate to Z. A afterwards, in order to defraud Z of his estate, executes a
conveyance of the same estate to B, dated six months earlier than the date of
the conveyance to Z, intending it to be believed that he had conveyed the
estate to B before he conveyed it to Z. A has committed forgery.
(i) Z dictates his will to
A. A intentionally writes down a different legatee from the legatee named by Z,
and by representing to Z that he has prepared the will according to his
instructions, induces Z to sign the will. A has committed forgery.
(j) A writes a letter and
signs it with B 's name without B 's authority, certifying that A is a man of
good character and in distressed circumstances from unforeseen misfortune,
intending by means of such letter to obtain alms from Z and other persons.
Here, as A made a false document in order to induce Z to part with property. A
has committed forgery.
(k) A without B 's authority
writes a letter and signs it in B 's name certifying to A 's character,
intending thereby to obtain employment under Z. A has committed forgery in as
much as he intended to deceive Z by the forged certificate, and thereby to
induce Z to enter into an express or implied contract for service. Explanation
1. —A man's signature of his own name may amount to forgery. Illustrations
(a) A signs his own name to
a bill of exchange, intending that it may be believed that the bill was drawn
by another person of the same name. A has committed forgery.
(b) A writes the word
“accepted” on a piece of paper and signs it with Z 's name, in order that B may
afterwards write on the paper a bill of exchange drawn by B upon Z, and
negotiate the bill as though it had been accepted by Z. A is guilty of forgery;
and if B, knowing the fact, draws the bill upon the paper pursuant to A 's
intention, B is also guilty of forgery.
(c) A picks up a bill of
exchange payable to the order of a different person of the same name. A
endorses the bill in his own name, intending to cause it to be believed that it
was endorsed by the person whose order it was payable; here A has committed
forgery.
(d) A purchases an estate
sold under execution of a decree against B. B, after the seizure of the estate,
in collusion with Z, executes a lease of the estate of Z at a nominal rent and
for a long period and dates the lease six months prior to the seizure, with
intent to defraud A, and to cause it to be believed that the lease was granted
before the seizure. B, though he executes the lease in his own name, commits
forgery by antedating it.
(e) A, a trader, in
anticipation of insolvency, lodges effects with B for A 's benefit, and with
intent to defraud his creditors; and in order to give a colour to the
transaction, writes a promissory note binding himself to pay to B a sum for
value received, and antedates the note, intending that it may be believed to
have been made before. A was on the point of insolvency. A has committed
forgery under the first head of the definition. Explanation 2. —The making of a
false document in the name of a fictitious person, intending it to be believed
that the document was made by a real person, or in the name of a deceased
person, intending it to be believed that the document was made by the person in
his lifetime, may amount to forgery. Illustration A draws a bill of exchange
upon a fictitious person, and fraudulently accepts the bill in the name of
such fictitious person with intent to negotiate it. A commits forgery. 343 [
Explanation 3.— For the purposes of this section, the expression “affixing 2
[electronic signature]” shall have the meaning assigned to it in clause (d) of
sub-section (1) of section 2 of the Information Technology Act, 2000.]
465. Punishment for forgery.—Whoever
commits forgery shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
466. Forgery of record of
Court or of public register, etc.—1[Whoever forges a document or an electronic
record], purporting to be a record or proceeding of or in a Court of Justice,
or a register of birth, baptism, marriage or burial, or a register kept by a
public servant as such, or a certificate or document purporting to be made by a
public servant in his official capacity, or an authority to institute or defend
a suit, or to take any proceedings therein, or to confess judgment, or a power
of attorney, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
1[Explanation.—For the purposes of this section, “register” includes any list,
data or record of any entries maintained in the electronic form as defined in
clause (r) of sub-section
(1) of section 2 of the
Information Technology Act, 2000.]
467. Forgery of valuable
security, will, etc.—Whoever forges a document which purports to be a valuable
security or a will, or an authority to adopt a son, or which purports to give
authority to any person to make or transfer any valuable security, or to
receive the principal, interest or dividends thereon, or to receive or deliver
any money, movable property, or valuable security, or any document purporting
to be an acquittance or receipt acknowledging the payment of money, or an
acquittance or receipt for the delivery of any movable property or valuable
security, shall be punished with 1[imprisonment for life], or with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.
468. Forgery for purpose of
cheating.—Whoever commits forgery, intending that the 1[document or electronic
record forged] shall be used for the purpose of cheating, shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
469. Forgery for purpose of
harming reputation.—Whoever commits forgery, 1[intending that the document or
electronic record forged] shall harm the reputation of any party, or knowing
that it is likely to be used for that purpose, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
470. Forged 1[document or
electronic record].—A false 1[document or electronic record] made wholly or in
part by forgery is designated “a forged 1[document or electronic record]”.
471. Using as genuine a
forged 1[document or electronic record].—Whoever fraudulently or dishonestly
uses as genuine any 1[document or electronic record] which he knows or has
reason to believe to be a forged 1[document or electronic record], shall be
punished in the same manner as if he had forged such 1[document or electronic
record].
472. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable under section
467.—Whoever makes or counterfeits any seal, plate or other instrument for
making an impression, intending that the same shall be used for the purpose of
committing any forgery which would be punishable under section 467 of this
Code, or, with such intent, has in his possession any such seal, plate or other
instrument, knowing the same to be counterfeit, shall be punished with
1[imprisonment for life], or with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
473. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable
otherwise.—Whoever makes or counterfeits any seal, plate or other instrument
for making an impression, intending that the same shall be used for the
purpose of committing any forgery which would be punishable under any section
of this Chapter other than section 467, or, with such intent, has in his
possession any such seal, plate or other instrument, knowing the same to be
counterfeit, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
474. Having possession of
document described in section 466 or 467, knowing it to be forged and intending
to use it as genuine.—1[Whoever has in his possession any document or
electronic record, knowing the same to be forged and intending that the same
shall fraudulently or dishonestly be used as genuine, shall, if the document or
electronic record is one of the description mentioned in section 466 of this
Code], be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine; and if the
document is one of the description mentioned in section 467, shall be punished
with 2[imprisonment for life], or with imprisonment of either description, for
a term which may extend to seven years, and shall also be liable to fine.
475. Counterfeiting device
or mark used for authenticating documents described in section 467, or
possessing counterfeit marked material.—Whoever counterfeits upon, or in the
substance of, any material, any device or mark used for the purpose of
authenticating any document described in section 467 of this Code, intending
that such device or mark shall be used for the purpose of giving the appearance
of authenticity to any document then forged or thereafter to be forged on such
material, or who, with such intent, has in his possession any material upon or
in the substance of which any such device or mark has been counterfeited,
shall be punished with 1[imprisonment for life], or with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine.
476. Counterfeiting device
or mark used for authenticating documents other than those described in
section 467, or possessing counterfeit marked material.—Whoever counterfeits
upon, or in the substance of, any material, any device or mark used for the
purpose of authenticating 1[any document or electronic record] other than the documents
described in section 467 of this Code, intending that such device or mark shall
be used for the purpose of giving the appearance of authenticity to any
document then forged or thereafter to be forged on such material, or who, with
such intent, has in his possession any material upon or in the substance of
which any such device or mark has been counterfeited, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
477. Fraudulent
cancellation, destruction, etc., of will, authority to adopt, or valuable
security.—Whoever fraudulently or dishonestly, or with intent to cause damage
or injury to the public or to any person, cancels, destroys or defaces, or attempts
to cancel, destroy or deface, or secretes or attempts to secrete any document
which is or purports to be a will, or an authority to adopt a son, or any
valuable security, or commits mischief in respect of such documents, shall be
punished with 1[imprisonment for life], or with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
356 [477A. Falsification
of accounts.—Whoever, being a clerk, officer or servant, or employed or acting
in the capacity of a clerk, officer or servant, wilfully, and with intent to
defraud, destroys, alters, mutilates or falsifies any 2[book, electronic
record, paper, writing], valuable security or account which belongs to or is in
the possession of his employer, or has been received by him for or on behalf
of his employer, or wilfully, and with intent to defraud, makes or abets the
making of any false entry in, or omits or alters or abets the omission or
alteration of any material particular from or in, any such 2[book, electronic
record, paper, writing], valuable security or account, shall be punished with
imprisonment of either description for a term which may extend to seven years,
or with fine, or with both. Explanation.—It shall be sufficient in any charge
under this section to allege a general intent to defraud without naming any
particular person intended to be defrauded or specifying any particular sum of
money intended to be the subject of the fraud, or any particular day on which
the offence was committed.]
478. Trade marks.—[Rep. by
the Trade and Merchandise Marks Act, 1958 (43 of 1958, sec. 135 and Sch.
(w.e.f. 25-11-1959).]
479. Property mark.—A mark
used for denoting that movable property belongs to a particular person is
called a property mark.
480. Using a false trade
mark.—[Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), sec. 135
and Sch. (w.e.f 25-11-1959).]
481. Using a false property
mark.—Whoever marks any movable property or goods or any case, package or other
receptacle containing movable property or goods, or uses any case, package or
other receptacle having any mark thereon, in a manner reasonably calculated to
cause it to be believed that the property or goods so marked, or any property
or goods contained in any such receptacle so marked, belong to a person to
whom they do not belong, is said to use a false property mark.
482. Punishment for using a
false property mark.—Whoever uses 1[***] any false property mark shall, unless
he proves that he acted without intent to defraud, be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both.]
483. Counterfeiting a
property mark used by another.—Whoever counterfeits any 1[***] property mark
used by any other person shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
1[484. Counterfeiting a mark
used by a public servant.—Whoever counterfeits any property mark used by a
public servant, or any mark used by a public servant to denote that any property
has been manufactured by a particular person or at a particular time or place,
or that the property is of a particular quality or has passed through a
particular office, or that it is entitled to any exemption, or uses as genuine
any such mark knowing the same to be counterfeit, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.]
1[485. Making or possession
of any instrument for counterfeiting a property mark.—Whoever makes or has in
his possession any die, plate or other instrument for the purpose of
counterfeiting a property mark, or has in his possession a property mark for
the purpose of denoting that any goods belong to a person to whom they do not
belong, shall be punished with imprisonment of either description for a term
which may extend to three years or with fine, or with both.]
1[486. Selling goods marked
with a counterfeit property mark.—2[Whoever sells, or exposes, or has in
possession for sale, any goods or things with a counterfeit property mark]
affixed to or impressed upon the same or to or upon any case, package or other
receptacle in which such goods are contained, shall, unless he proves—
(a) that, having taken all
reasonable precautions against committing an offence against this section, he
had at the time of the commission of the alleged offence no reason to suspect
the genuineness of the mark, and
(b) that, on demand made by
or on behalf of the prosecutor, he gave all the information in his power with
respect to the persons from whom he obtained such goods or things, or
(c) that otherwise he had
acted innocently, be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.]
1[487. Making a false mark
upon any receptacle containing goods.—Whoever makes any false mark upon any
case, package or other receptacle containing goods, in a manner reasonably calculated
to cause any public servant or any other person to believe that such receptacle
contains goods which it does not contain or that it does not contain goods
which it does contain, or that the goods contained in such receptacle are of a
nature or quality different from the real nature or quality thereof, shall,
unless he proves that he acted without intent to defraud, be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.]
1[488. Punishment for making
use of any such false mark.—Whoever makes use of any such false mark in any
manner prohibited by the last foregoing section shall, unless he proves that he
acted without intent to defraud, be punished as if he had committed an offence
against that section.]
1[489. Tampering with
property mark with intent to cause injury.—Whoever removes, destroys, defaces
or adds to any property mark, intending or knowing it to be likely that he may
thereby cause injury to any person, shall be punished with imprisonment of
either description for a term which may extend to one year, or with fine, or
with both.]
1[489A. Counterfeiting
currency-notes or bank-notes.—Whoever counter-feits, or knowingly performs any
part of the process of counterfeiting, any currency-note or bank-note, shall be
punished with 2[imprisonment for life], or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine. Explanation.—For the purposes of this section and of sections 489B,
3[489C, 489D and 489E], the expression “bank-note” means a promissory note or
engagement for the payment of money to bearer on demand issued by any person
carrying on the business of banking in any part of the world, or issued by or
under the authority of any State or Sovereign Power, and intended to be used as
equivalent to, or as a substitute for money.]
1[489B. Using as genuine,
forged or counterfeit currency-notes or bank-notes.—Whoever sells to, or buys
or receives from, any other person, or otherwise traffics in or uses as
genuine, any forged or counterfeit currency-note or bank-note, knowing or
having reason to believe the same to be forged or counterfeit, shall be
punished with 2[imprisonment for life], or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.]
1[489C. Possession of forged
or counterfeit currency-notes or bank-notes.—Whoever has in his possession any
forged or counterfeit currency-note or bank-note, knowing or having reason to
believe the same to be forged or counterfeit and intending to use the same as
genuine or that it may be used as genuine, shall be punished with imprisonment
of either description for a term which may extend to seven years, or with fine,
or with both.]
1[489D. Making or possessing
instruments or materials for forging or counterfeiting currency-notes or
bank-notes.—Whoever makes, or performs, any part of the process of making, or buys
or sells or disposes of, or has in his possession, any machinery, instrument
or material for the purpose of being used, or knowing or having reason to
believe that it is intended to be used, for forging or counterfeiting any
currency-note or bank-note, shall be punished with 2[imprisonment for life], or
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.]
1[489E. Making or using
documents resembling currency-notes or bank-notes.—
(1) Whoever makes, or causes
to be made, or uses for any purpose whatsoever, or delivers to any person, any
document purporting to be, or in any way resembling, or so nearly resembling
as to be calculated to deceive, any currency-note or bank-note shall be
punished with fine which may extend to one hundred rupees.
(2) If any person, whose
name appears on a document the making of which is an offence under sub-section
(1), refuses, without lawful excuse, to disclose to a police-officer on being
so required the name and address of the person by whom it was printed or
otherwise made, he shall be punished with fine which may extend to two hundred
rupees.
(3) Where the name of any
person appears on any document in respect of which any person is charged with
an offence under sub-section (1) or on any other document used or distributed
in connection with that document it may, until the contrary is proved, be
presumed that person caused the document to be made.]
490. Breach of contract of
service during voyage or journey.—[Rep. by the Workmen’s Breach of Contract
(Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]
491. Breach of contract to
attend on and supply wants of helpless person.—Whoever, being bound by a lawful
contract to attend on or to supply the wants of any person who, by reason of
youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless
or incapable of providing for his own safety or of supplying his own wants,
voluntarily omits so to do, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may
extend to two hundred rupees, or with both.
492. Breach of contract to
serve at distant place to which servant is conveyed at master’s expense.—[Rep.
by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2
and Sch.]
493. Cohabitation caused by
a man deceitfully inducing a belief of lawful marriage.—Every man who by deceit
causes any woman who is not lawfully married to him to believe that she is
lawfully married to him and to cohabit or have sexual intercourse with him in
that belief, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
494. Marrying again during
lifetime of husband or wife.—Whoever, having a husband or wife living, marries
in any case in which such marriage is void by reason of its taking place during
the life of such husband or wife, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
(Exception) —This section
does not extend to any person whose marriage with such husband or wife has been
declared void by a Court of competent jurisdiction, nor to any person who
contracts a marriage during the life of a former husband or wife, if such
husband or wife, at the time of the subsequent marriage, shall have been
continually absent from such person for the space of seven years, and shall not
have been heard of by such person as being alive within that time provided the
person contracting such subsequent marriage shall, before such marriage takes
place, inform the person with whom such marriage is contracted of the real
state of facts so far as the same are within his or her knowledge.
495. Same offence with
concealment of former marriage from person with whom subsequent marriage is
contracted.—Whoever commits the offence defined in the last preceding section
having concealed from the person with whom the subsequent marriage is
contracted, the fact of the former marriage, shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.
496. Marriage ceremony
fraudulently gone through without lawful marriage.—Whoever, dishonestly or with
a fraudulent intention, goes through the ceremony of being married, knowing
that he is not thereby lawfully married, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine.
497. Adultery.—Whoever has
sexual intercourse with a person who is and whom he knows or has reason to
believe to be the wife of another man, without the consent or connivance of
that man, such sexual intercourse not amounting to the offence of rape, is
guilty of the offence of adultery, and shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or
with both. In such case the wife shall not be punishable as an abettor.
498. Enticing or taking away
or detaining with criminal intent a married woman.—Whoever takes or entices
away any woman who is and whom he knows or has reason to believe to be the wife
of any other man, from that man, or from any person having the care of her on
behalf of that man, with intent that she may have illicit intercourse with any
person, or conceals or detains with that intent any such woman, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
376 [498A. Husband or
relative of husband of a woman subjecting her to cruelty.—Whoever, being the
husband or the relative of the husband of a woman, subjects such woman to
cruelty shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine. Explanation.—For the purpose of
this section, “cruelty” means—
(a) any wilful conduct which
is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether mental or
physical) of the woman; or
(b) harassment of the woman
where such harassment is with a view to coercing her or any person related to
her to meet any unlawful demand for any property or valuable security or is on
account of failure by her or any person related to her to meet such demand.]
499. Defamation.—Whoever, by
words either spoken or intended to be read, or by signs or by visible
representations, makes or publishes any imputation concerning any person
intending to harm, or knowing or having reason to believe that such imputation
will harm, the reputation of such person, is said, except in the cases
hereinafter expected, to defame that person. Explanation 1.—It may amount to
defamation to impute anything to a deceased person, if the imputation would
harm the reputation of that person if living, and is intended to be hurtful to
the feelings of his family or other near relatives. Explanation 2.—It may
amount to defamation to make an imputation concerning a company or an
association or collection of persons as such. Explanation 3.—An imputation in
the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4.—No imputation is said to harm a person’s reputation, unless that
imputation directly or indirectly, in the estimation of others, lowers the
moral or intellectual character of that person, or lowers the character of that
person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a
loathsome state, or in a state generally considered as disgraceful.
Illustrations
(a) A says—“Z is an honest
man; he never stole B’s watch”; intending to cause it to be believed that Z
did steal B’s watch. This is defamation, unless it fall within one of the
exceptions.
(b) A is asked who stole B’s
watch. A points to Z, intending to cause it to be believed that Z stole B’s
watch. This is defamation unless it fall within one of the exceptions.
(c) A draws a picture of Z
running away with B’s watch, intending it to be believed that Z stole B’s watch.
This is defamation, unless it fall within one of the exceptions. First
Exception.—Imputation of truth which public good requires to be made or
published.—It is not defamation to impute anything which is true concerning any
person, if it be for the public good that the imputation should be made or
published. Whether or not it is for the public good is a question of fact.
Second Exception.—Public conduct of public servants.—It is not defamation to
express in a good faith any opinion whatever respecting the conduct of a
public servant in the discharge of his public functions, or respecting his
character, so far as his character appears in that conduct, and no further.
Third Exception.—Conduct of any person touching any public question.—It is not
defamation to express in good faith any opinion whatever respecting the conduct
of any person touching any public question, and respecting his character, so
far as his character appears in that conduct, and no further. Illustration It
is not defamation in A to express in good faith any opinion whatever respecting
Z’s conduct in petitioning Government on a public question, in signing a
requisition for a meeting on a public question, in presiding or attending a
such meeting, in forming or joining any society which invites the public
support, in voting or canvassing for a particular candidate for any situation
in the efficient discharges of the duties of which the public is interested.
Fourth Exception.—Publication of reports of proceedings of Courts.—It is not
defamation to publish substantially true report of the proceedings of a Court
of Justice, or of the result of any such proceedings. Explanation.—A Justice of
the Peace or other officer holding an inquiry in open Court preliminary to a
trial in a Court of Justice, is a Court within the meaning of the above
section. Fifth Exception.—Merits of case decided in Court or conduct of
witnesses and others concerned.—It is not defamation to express in good faith
any opinion whatever respecting the merits of any case, civil or criminal,
which has been decided by a Court of Justice, or respecting the conduct of any
person as a party, witness or agent, in any such case, or respecting the
character of such person, as far as his character appears in that conduct, and
no further. Illustrations
(a) A says—“I think Z’s
evidence on that trial is so contradictory that he must be stupid or
dishonest”. A is within this exception if he says this is in good faith, in as
much as the opinion which he expresses respects Z’s character as it appears in
Z’s conduct as a witness, and no further.
(b) But if A says—“I do not
believe what Z asserted at that trial because I know him to be a man without
veracity”; A is not within this exception, in as much as the opinion which he
express of Z’s character, is an opinion not founded on Z’s conduct as a witness.
Sixth Exception.—Merits of public performance.—It is not defamation to express
in good faith any opinion respecting the merits of any performance which its
author has submitted to the judgment of the public, or respecting the character
of the author so far as his character appears in such performance, and no
further. Explanation.—A performance may be substituted to the judgment of the
public expressly or by acts on the part of the author which imply such
submission to the judgment of the public. Illustrations
(a) A person who publishes a
book, submits that book to the judgment of the public.
(b) A person who makes a
speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who
appears on a public stage, submits his acting or signing in the judgment of the
public.
(d) A says of a book
published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is
indecent; Z must be a man of impure mind”. A is within the exception, if he
says this in good faith, in as much as the opinion which he expresses of Z
respects Z’s character only so far as it appears in Z’s book, and no further.
(e) But if A says—“I am not
surprised that Z’s book is foolish and indecent, for he is a weak man and a
libertine”. A is not within this exception, in as much as the opinion which he
expresses of Z’s character is an opinion not founded on Z’s book. Seventh
Exception.—Censure passed in good faith by person having lawful authority over
another.—It is not defamation in a person having over another any authority,
either conferred by law or arising out of a lawful contract made with that
other, to pass in good faith any censure on the conduct of that other in
matters to which such lawful authority relates. Illustration A Judge censuring
in good faith the conduct of a witness, or of an officer of the Court; a head
of a department censuring in good faith those who are under his orders; a
parent censuring in good faith a child in the presence of other children; a
school-master, whose authority is derived from a parent, censuring in good
faith a pupil in the presence of other pupils; a master censuring a servant in
good faith for remissness in service; a banker censuring in good faith the
cashier of his bank for the conduct of such cashier as such cashier—are within
this exception. Eighth Exception.—Accusation preferred in good faith to authorised
person.—It is not defamation to prefer in good faith an accusation against any
person to any of those who have lawful authority over that person with respect
to the subject-matter of accusation. Illustration If A in good faith accuse Z
before a Magistrate; if A in good faith complains of the conduct of Z, a
servant, to Z’s master; if A in good faith complains of the conduct of Z, and
child, to Z’s father—A is within this exception. Ninth Exception.—Imputation
made in good faith by person for protection of his or other’s interests.—It is
not defamation to make an imputation on the character of another provided that
the imputation be made in good faith for the protection of the interests of
the person making it, or of any other person, or for the public good.
Illustrations
(a) A, a shopkeeper, says to
B, who manages his business—“Sell nothing to Z unless he pays you ready money,
for I have no opinion of his honesty”. A is within the exception, if he has
made this imputation on Z in good faith for the protection of his own
interests.
(b) A, a Magistrate, in making
a report of his own superior officer, casts an imputation on the character of
Z. Here, if the imputation is made in good faith, and for the public good, A is
within the exception. Tenth Exception.—Caution intended for good of person to
whom conveyed or for public good.—It is not defamation to convey a caution, in
good faith, to one person against another, provided that such caution be
intended for the good of the person to whom it is conveyed, or of some person
in whom that person is interested, or for the public good. COMMENTS Imputation
without publication In section 499 the words “makes or publishes any
imputation” should be interpreted as words supplementing to each other. A
maker of imputation without publication is not liable to be punished under that
section; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today
127.
500. Punishment for
defamation.—Whoever defames another shall be punished with simple imprisonment
for a term which may extend to two years, or with fine, or with both.
501. Printing or engraving
matter known to be defamatory.—Whoever prints or engraves any matter, knowing
or having good reason to believe that such matter is defamatory of any person,
shall be punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both.
502. Sale of printed or
engraved substance containing defamatory matter.—Whoever sells or offers for
sale any printed or engraved substance containing defamatory matter, knowing
that it contains such matter, shall be punished with simple imprisonment for a
term which may extend to two years, or with fine, or with both.
503. Criminal
intimidation.—Whoever threatens another with any injury to his person,
reputation or property, or to the person or reputation of any one in whom that
person is interested, with intent to cause alarm to that person, or to cause
that person to do any act which he is not legally bound to do, or to omit to do
any act which that person is legally entitled to do, as the means of avoiding
the execution of such threat, commits criminal intimidation. Explanation.—A
threat to injure the reputation of any deceased person in whom the person
threatened is interested, is within this section. Illustration A, for the
purpose of inducing B to desist from prosecuting a civil suit, threatens to
burn B’s house. A is guilty of criminal intimidation.
504. Intentional insult with
intent to provoke breach of the peace.—Whoever intentionally insults, and
thereby gives provocation to any person, intending or knowing it to be likely
that such provocation will cause him to break the public peace, or to commit
any other offence, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
1[505. Statements conducing
to public mischief.—2[
(1) ] Whoever makes,
publishes or circulates any statement, rumour or report,—
(a) with intent to cause, or
which is likely to cause, any officer, soldier, 3[sailor or airman] in the
Army, 4[Navy or Air Force] 5[of India] to mutiny or otherwise disregard or fail
in his duty as such; or
(b) with intent to cause, or
which is likely to cause, fear or alarm to the public, or to any section of the
public whereby any person may be induced to commit an offence against the State
or against the public tranquility; or
(c) with intent to incite,
or which is likely to incite, any class or community of persons to commit any
offence against any other class or community, shall be punished with
imprisonment which may extend to 6[three years], or with fine, or with both.
7[(2) Statements creating or promoting enmity, hatred or ill-will between
classes.—Whoever makes, publishes or circulates any statement or report
containing rumour or alarming news with intent to create or promote, or which
is likely to create or promote, on grounds of religion, race, place of birth,
residence, language, caste or community or any other ground whatsoever,
feelings of enmity, hatred or ill-will between different religious, racial,
language or regional groups or castes or communities, shall be punished with
imprisonment which may extend to three years, or with fine, or with both.
(3) Offence under
sub-section (2) committed in place of worship, etc.—Whoever commits an offence
specified in sub-section (2) in any place of worship or in an assembly engaged
in the performance of religious worship or religious ceremonies, shall be
punished with imprisonment which may extend to five years and shall also be
liable to fine.]
(Exception) —It does not
amount to an offence, within the meaning of this section when the person
making, publishing or circulating any such statement, rumour or report, has
reasonable grounds for believing that such statement, rumour or report is true
and makes, publishes or circulates it 8[in good faith and] without any such
intent as aforesaid.]
506. Punishment for criminal
intimidation.—Whoever commits, the offence of criminal intimidation shall be
punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both; If threat be to cause death or
grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to
cause the destruction of any property by fire, or to cause an offence
punishable with death or 1[imprisonment for life], or with imprisonment for a
term which may extend to seven years, or to impute, unchastity to a woman,
shall be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
507. Criminal intimidation
by an anonymous communication.—Whoever commits the offence of criminal
intimidation by an anonymous communication, or having taken precaution to
conceal the name or abode of the person from whom the threat comes, shall be
punished with imprisonment of either description for a term which may extend to
two years, in addition to the punishment provided for the offence by the last
preceding section.
508. Act caused by inducing
person to believe that he will be rendered an object of the Divine
displeasure.—Whoever voluntarily causes or attempts to cause any person to do
anything which that person is not legally bound to do, or to omit to do
anything which he is legally entitled to do, by inducing or attempting to
induce that person to believe that he or any person in whom he is interested will
become or will be rendered by some act of the offender an object of Divine
displeasure if he does not do the thing which it is the object of the offender
to cause him to do, or if he does the thing which it is the object of the
offender to cause him to omit, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with
both. Illustrations
(a) A sits dhurna at Z’s
door with the intention of causing it to be believed that, by so sitting, he
renders Z an object of Divine displeasure. A has committed the offence defined
in this section.
(b) A threatens Z that,
unless Z performs a certain act, A will kill one of A’s own children, under
such circumstances that the killing would be believed to render Z an object of
Divine displeasure. A has committed the offence defined in this section.
CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 1 year, or fine, or
both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the
person against whom the offence was committed.
509. Word, gesture or act
intended to insult the modesty of a woman.—Whoever, intending to insult the
modesty of any woman, utters any word, makes any sound or gesture, or exhibits
any object, intending that such word or sound shall be heard, or that such
gesture or object shall be seen, by such woman, or intrudes upon the privacy of
such woman, shall be punished with simple imprisonment for a term which may
extend to one year, or with fine, or with both.
510. Misconduct in public by
a drunken person.—Whoever, in a state of intoxication, appears in any public
place, or in any place which it is a trespass in him to enter, and there
conducts himself in such a manner as to cause annoyance to any person, shall be
punished with simple imprisonment for a term which may extend to twenty-four
hours, or with fine which may extend to ten rupees, or with both.
511. Punishment for
attempting to commit offences punishable with imprisonment for life or other
imprisonment.—Whoever attempts to commit an offence punishable by this Code
with 1[imprisonment for life] or imprisonment, or to cause such an offence to
be committed, and in such attempt does any act towards the commission of the
offence, shall, where no express provision is made by this Code for the
punishment of such attempt, be punished with 2[imprisonment of any description
provided for the offence, for a term which may extend to one-half of the
imprisonment for life or, as the case may be, one-half of the longest term of imprisonment
provided for that offence], or with such fine as is provided for the offence,
or with both. Illustrations
(a) A makes an attempt to
steal some jewels by breaking open a box, and finds after so opening the box,
that there is no jewel in it. He has done an act towards the commission of
theft, and therefore is guilty under this section.
(b) A makes an attempt to
pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the
attempt in consequence of Z’s having nothing in his pocket. A is guilty under
this section. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for life or
imprisonment not exceeding half of the longest term provided for the offence,
or fine, or both—According as the offence is cognizable or
non-cognizable—According as the offence attempted by the offender is bailable
or not—Triable by the court by which the offence attempted is triable—Non-compoundable.
comments Moral guilt and injury Section 511 is a general provision dealing with
attempts to commit offences not made punishable by other specific sections. It
makes punishable all attempts to commit offences punishable with imprisonment
and not only those punishable with death. An attempt is made punishable,
because every attempt, although it falls short of success, must create alarm,
which by itself is an injury, and the moral guilt of the offender is the same
as if he had succeeded. Moral guilt must be united to injury in order to
justify punishment. As the injury is not as great as if the act had been
committed, only half the punishment is awarded. Attempt to commit an offence
can be said to begin when the preparations are complete and the culprit
commences to do something with the intention of committing the offence and
which is a step towards the commission of the offence. The moment culprit
commences to do an act with the necessary intention, he commences his attempt
to commit the offence. The word “attempt” is not itself defined, and must,
therefore, be taken in its ordinary meaning. This is exactly what the
provisions of section 511 require; Koppula Venkat Rao v. State of Andhra
Pradesh, (2004) 3 SCC 602.
1. The original words have
successively been amended by Act 12 of 1891, sec. 2 and Sch. I, the A.O. 1937,
the A.O. 1948 and the A.O. 1950 to read as above.
2. Subs. by Act 3 of 1951, sec. 3
and Sch., for “except Part B States”.
3. The original words “the said
territories” have successively been amended by the A.O. 1937, the A.O. 1948,
the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.
4. The words and figures “on or
after the said first day of May, 1861” rep. by Act 12 of 1891, sec. 2 and Sch.
I.
5. Subs. by the A.O. 1937 for
“law passed by the Governor General of India in Council”.
6. The original words “the said
territories” have successively been amended by the A.O. 1937, the A.O. 1948,
the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.
7. Subs. by Act 4 of 1898, sec.
2, for the original section.
8. Subs. by the A.O. 1950, for
clauses (1) to (4).
9. Ins. by Act 10 of 2009, sec.
51(a)(i) (w.e.f. 27-10-2009).
10. Subs. by Act 10 of 2009, sec.
51(a)(ii), for Explanation (w.e.f. 27-10-2009). Explanation, before
substitution, stood as under:
11. Subs. by Act 36 of 1957, sec.
3 and Sch. II, for “ Illustrations ” (w.e.f. 17-9-1957).
12. The brackets and letter “(a)”
omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).
13. Subs. by the A.O. 1948, for
“a coolie, who is a Native Indian subject”.
14. Subs. by the A.O. 1950, for
“a British subject of Indian domicile”.
15. The words “ British India ”
have been successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of
1951, sec. 3 and Sch. to read as above.
16. Illustrations (b), (c) and
(d) omitted by the A.O. 1950.
17. Subs. by the A.O. 1950, for
the original section.
18. Subs. by the A.O. 1950, for the
original section.
19. Subs. by the A.O. 1950, for
the original section.
20. The word and letter “Part A”
omitted by Act 3 of 1951, sec. 3 and Sch.
21. Rep. by the Madras Civil
Courts Act, 1873 (3 of 1873).
22. Rep. by the Madras Civil
Courts Act, 1873 (3 of 1873).
23. Clause First omitted by the
A.O. 1950.
24. Subs. by Act 10 of 1927, sec.
2 and Sch. I, for “or Naval”.
25. The original words “of the
Queen while serving under the Government of India, or any Government” have
successively been amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to
read as above.
26. The words “of the Dominion”
omitted by the A.O. 1950.
27. Subs. by Act 40 of 1964, sec.
2, for the former clause (w.e.f. 18-12-1964).
28. Ins. by Act 40 of 1964, sec.
2 (w.e.f. 18-12-1964).
29. Subs. by the A.O. 1950, for
“the Crown” which had been subs. by the A.O. 1937, for “Government”.
30. Certain words omitted by Act
40 of 1964, sec. 2 (w.e.f. 18-12-1964).
31. Ins. by Act 39 of 1920, sec.
2.
32. Subs. by Act 40 of 1964, sec.
2, for the former clause (w.e.f. 18-12-1964).
33. Ins. by Act 39 of 1920, sec.
2.
34. Explanation 4 ins. by Act 2
of 1958, sec. 2 (w.e.f. 12-2-1958) and omitted by Act 40 of 1964, sec. 2
(w.e.f. 18-12-1964).
35. Subs. by Act 1 of 1889, sec.
9, for the original Explanation.
36. Ins. by Act 21 of 2000, sec.
91 and Sch. I, (w.e.f. 17-10-2000).
37. Subs. by Act 27 of 1870, sec.
1, for the original section.
38. Subs. by Act 27 of 1870, sec.
1, for the original section.
39. Subs. by Act 8 of 1930, sec.
2 and Sch. I, for “Chapter”.
40. Ins. by Act 8 of 1913, sec.
2.
41. Ins. by Act 8 of 1882, sec.
1.
42. Ins. by Act 10 of 1886, sec.
21(1).
43. Ins. by Act 10 of 2009, sec.
51(b) (w.e.f. 27-10-2009).
44. Subs. by the A.O. 1948, for
“British India”.
45. The words “the territories
comprised in” omitted by Act 48 of 1952, sec. 3 and Sch. II (w.e.f. 2-8-1952).
46. Subs. by Act 3 of 1951, sec.
3 and Sch., for “the States” which had been subs. by the A.O. 1950, for “the
Provinces”.
47. Ins. by Act 8 of 1942, sec. 2
(w.e.f. 14-2-1942).
48. Subs. by Act 26 of 1955, sec.
117 and Sch., for “Secondly—Transportation” (w.e.f. 1-1-1956).
49. Clause “Thirdly” omitted by
Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).
50. Ins. by Act 26 of 1955, sec.
117 and Sch. (w.e.f. 1-1-1956).
51. Subs. by Act 36 of 1957, sec.
3 and Sch. II, for “1954” (w.e.f. 17-9-1957).
52. Subs. by the A.O. 1950, for
“the Central Government or the Provincial Government of the Province within
which the offender shall have been sentenced”. The words in italics were subs.
by the A.O. 1937, for “the Government of India or the Government of the place”.
53. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation” (w.e.f. 1-1-1956).
54. Subs. by the A.O. 1950, for
“the Provincial Government of the Province within which the offender shall have
been sentenced”. The words in italics were subs. by the A.O. 1937, for “the Government
of India or the Government of the place”.
55. Subs. by the A.O. 1950, for
section 55A which had been ins. by the A.O. 1937.
56. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation” (w.e.f. 1-1-1956).
57. Subs. by Act 8 of 1882, sec.
2, for “In every case in which an offender is sentenced to a fine”.
58. Ins. by Act 10 of 1886, sec.
21(2).
59. Ins. by Act 8 of 1882, sec.
3.
60. Added by Act 8 of 1882, sec.
4.
61. Subs. by Act 8 of 1882, sec.
5, for “be less than a”.
62. Subs. by Act 3 of 1910, sec.
2, for the original section.
63. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
64. The word “or” at the end of
clause (a) and clause (b) omitted by Act 3 of 1951, sec. 3 and Sch.
65. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
66. Added by Act 4 of 1898, sec.
3.
67. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
68. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
69. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
70. Subs. by Act 10 of 2009, sec.
51(c), for “voluntarily conceals, by any act or illegal omission, the existence
of a design” (w.e.f. 27-10-2009).
71. Subs. by Act 10 of 2009, sec.
51(d), for “voluntarily conceals, by any act or illegal omission, the existence
of a design” (w.e.f. 27-10-2009).
72. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
73. Ins. by Act 8 of 1913, sec. 3.
74. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
75. Subs. by the A.O. 1950, for
“Queen”.
76. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
77. Subs. by Act 16 of 1921, sec.
2, for “and shall forfeit all his property”.
78. Subs. by Act 36 of 1957, sec.
3 and Sch. II, for “Illustrations” (w.e.f. 17-9-1957).
79. The brackets and letter “(a)”
omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).
80. Subs. by the A.O. 1950, for
“Queen”.
81. Illustration (b) omitted by
the A.O. 1950.
82. Ins. by Act 27 of 1870, sec.
4.
83. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
84. The words “or to deprive the
Queen of the sovereignty of the Provinces or of any part thereof” omitted by
the A.O. 1950.
85. Subs. by the A.O. 1937, for
“the Government of India” or any “Local Government”.
86. Subs. by the A.O. 1950, for
“Provincial”.
87. The words “or the Government
of Burma” omitted by the A.O. 1948.
88. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life or any shorter term” (w.e.f.
1-1-1956).
89. Subs. by Act 16 of 1921, sec.
3, for “and shall forfeit all his property”.
90. Subs. by the A.O. 1950, for
“Queen”.
91. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
92. Subs. by Act 16 of 1921, sec.
3, for “and shall forfeit all his property”.
93. Subs. by the A.O. 1950, for
“Governor General”.
94. Subs. by Act 3 of 1951, sec.
3 and Sch., for “Governor”.
95. The words “or Rajpramukh”
omitted by the A.O. 1956.
96. Subs. by the A.O. 1950, for
“Province” which had been subs. by the A.O. 1937, for “Presidency”.
97. The words “or a
Lieutenant-Governor” omitted by the A.O. 1937.
98. The words “or a Member of the
Council of the Governor General of India” omitted by the A.O. 1948.
99. The words “or of the Council
of any Presidency” omitted by the A.O. 1937.
100. The original words “Governor
General, Governor, Lieutenant-Governor or Member of Council” have successfully
been amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as
above.
101. Subs. by Act 4 of 1898, sec.
4, for section 124A which had been ins. by Act 27 of 1870, sec. 5.
102. The words “Her Majesty or”
omitted by the A.O. 1950. The words “or the Crown Representative ins. after the
word “Majesty” by the A.O. 1937 were omitted by the A.O. 1948.
103. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
104. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life or any shorter term” (w.e.f.
1-1-1956).
105. Subs. by the A.O. 1950, for
“Queen”.
106. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
107. Subs. by the A.O. 1950, for
“Queen”.
108. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
109. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
110. The words “British India”
have sucessively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
111. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
112. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or Navy”.
113. Subs. by the A.O. 1950, for
“Queen”.
114. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
115. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
116. Ins. by Act 27 of 1870, sec.
6.
117. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “and soldier”.
118. Ins. by Act 35 of 1934, sec.
2 and Sch.
119. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “Articles of War for the better government of Her
Majesty’s Army, or to the Articles of War contained in Act No. 5 of 1869".
120. Subs. by Act 3 of 1951, sec.
3 and Sch., for “the Indian Army Act, 1911”.
121. Now see the Navy Act, 1957
(62 of 1957).
122. The words “or that Act as
modified by” omitted by the A.O. 1950.
123. Subs. by Act 14 of 1932,
sec. 130 and Sch., for “or the Air Force Act”.
124. Subs. by Act 3 of 1951, sec.
3 and Sch., for “the Indian Air Force Act, 1932”.
125. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
126. Subs. by Act 10 of 1927, sec
2 and Sch. I, for “or Navy”.
127. Subs. by the A.O. 1950, for
“Queen”.
128. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
129. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
130. Subs. by Act 10 of 1927, sec
2 and Sch. I, for “or Navy”.
131. Subs. by the A.O. 1950, for
“Queen”.
132. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
133. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or Navy”.
134. Subs. by the A.O. 1950, for
“Queen”.
135. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
136. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or Navy”.
137. Subs. by the A.O. 1950, for
“Queen”.
138. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
139. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or Navy”.
140. Subs. by the A.O. 1950, for
“Queen”.
141. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or Navy”.
142. Subs. by the A.O. 1950, for
“Queen”.
143. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
144. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or Navy”.
145. Subs. by the A.O. 1950, for
“Queen”.
146. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “any Article of War for the Army or Navy of the Queen,
or for any part of such Army or Navy”.
147. Subs. by Act 3 of 1951, sec.
3 and Sch., for “the Indian Army Act, 1911”.
148. Ins. by Act 35 of 1934, sec.
2 and Sch.
149. The words “or that Act as
modified” omitted by the A.O. 1950.
150. Now see the Navy Act, 1957
(62 of 1957).
151. Subs. by Act 14 of 1932,
sec. 130 and Sch., for “or the Air Force Act”.
152. Subs. by Act 3 of 1951, sec.
3 and Sch., for “the Indian Air Force Act, 1932”.
153. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
154. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or Navy”.
155. Subs. by the A.O. 1950, for
“Queen”.
156. Subs. by the A.O. 1950, for
“Central or any Provincial Government or Legislature”.
157. Section 153A subs. by Act 41
of 1961, sec. 2 (w.e.f. 12-9-1961) and again subs. by Act 35 of 1969, sec. 2,
for the former section (w.e.f. 4-9-1969).
158. Ins. by Act 31 of 1972, sec.
2 (w.e.f. 14-6-1972).
159. Ins. by Act 25 of 2005, sec.
44.
160. Ins. by Act 31 of 1972, sec.
2 (w.e.f. 14-6-1972).
161. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).
162. Section 171A ins. by Act 39
of 1920, sec. 2.
163. Subs. by Act 40 of 1975,
sec. 9, for clause (a) (w.e.f. 6-8-1975).
164. Section 171B ins. by Act 39
of 1920, sec. 2.
165. Section 171C ins. by Act 39
of 1920, sec. 2.
166. Section 171D ins. by Act 39
of 1920, sec. 2.
167. Ins. by Act 24 of 2003, sec.
5 (w.e.f. 22-9-2003).
168. Section 171E ins. by Act 39
of 1920, sec. 2.
169. Section 171F ins. by Act 39
of 1920, sec. 2.
170. Section 171G ins. by Act 39
of 1920, sec. 2.
171. Section 171H ins. by Act 39
of 1920, sec. 2.
172. Section 171-I ins. by Act 39
of 1920, sec. 2.
173. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “produce a document in a Court of Justice” (w.e.f.
17-10-2000).
174. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “to produce a document in a Court of Justice” (w.e.f.
17-10-2000).
175. Subs. by the A.O. 1950, for
“Supreme Court”.
176. Subs. by the A.O. 1950, for
“Zila Judge”.
177. Ins. by Act 25 of 2005, sec.
44 (w.e.f. 23-6-2006).
178. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).
179. Added by Act 22 of 1939,
sec. 2.
180. Rep. by Act 17 of 1862.
181. Added by Act 3 of 1894.
182. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch. to read as above.
183. Rep. by Act 17 of 1862.
184. Ins. by Act 10 of 1873, sec.
15.
185. Ins. by Act 10 of 1873, sec.
15.
186. Subs. by Act 3 of 1895, sec.
1, for the original section.
187. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).
188. The words “or before a
Military Court of Request” omitted by Act 13 of 1889, sec. 2 and Sch.
189. Subs. by the A.O. 1948, for
“by the law of British India or England”.
190. Subs. by Act 3 of 1951, sec.
3 and Sch., for “the States”.
191. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
192. Subs. by the A.O. 1948, for
“by the law of British India or England”.
193. Subs. by Act 3 of 1951, sec.
3 and Sch., for “the States”.
194. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
195. Ins. by Act 2 of 2006, sec.
2 (w.e.f. 16-4-2006).
196. Corrected vide Corrigendum,
dated 3rd March, 2006.
197. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
198. Added by Act 3 of 1894, sec.
6.
199. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
200. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).
201. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
202. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
203. Ins. by Act 3 of 1894, sec.
7.
204. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
205. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
206. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
207. Subs. by Act 42 of 1953,
sec. 4 and Sch. III, for “to restore or cause the restoration of” (w.e.f.
23-12-1953).
208. Subs. by Act 8 of 1882, sec.
6, for the original Exception.
209. Illustrations rep. by Act 10
of 1882, sec. 2 and Sch. I.
210. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
211. Ins. by Act 10 of 1886, sec.
23.
212. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
213. The words “or under the
Fugitive Offenders Act, 1881,” omitted by Act 3 of 1951, sec. 3 and Sch.
214. Ins. by Act 3 of 1894, sec.
8.
215. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
216. Ins. by Act 3 of 1894, sec.
8.
217. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
218. Ins. by Act 27 of 1870, sec.
8.
219. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
220. The words “or penal
servitude for life” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).
221. The words “or to” omitted by
Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).
222. The word “transportation”
omitted by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956).
223. The words “or penal
servitude” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).
224. Ins. by Act 27 of 1870, sec.
8.
225. Ins. by Act 27 of 1870, sec.
8.
226. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
227. The words “or to” omitted by
Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).
228. The word “transportation”
omitted by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956).
229. The words “penal servitude”
omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).
230. Sections 225A and 225B subs.
by Act 10 of 1886, sec. 24(1), for section 225A which had been ins. by Act 27
of 1870, sec. 9.
231. Sections 225A and 225B subs.
by Act 10 of 1886, sec. 24(1), for section 225A which had been ins. by Act 27
of 1870, sec. 9.
232. Ins. by Act 43 of 1983, sec.
2 (w.e.f. 25-12-1983).
233. Ins. by Act 25 of 2005, sec.
44 (w.e.f. 23-6-2006).
234. Subs. by Act 19 of 1872,
sec. 1, for the original first paragraph.
235. Subs. by A.O. 1950, for the
former paragraph.
236. Subs. by the A.O. 1950, for
“the Queen’s coin”
237. Ins. by Act 6 of 1896, sec.
1.
238. Subs. by the A.O. 1950, for
“the Queen’s coin”.
239. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
240. Subs. by the A.O. 1950, for
“the Queen’s coin”.
241. Subs. by the A.O. 1950, for
“the Queen’s coin”.
242. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
243. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
244. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
245. Subs. by the A.O. 1950, for
“the Queen’s coin”.
246. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
247. Subs. by the A.O. 1950, for
“Queen’s coin”.
248. Subs. by the A.O. 1950, for
“Queen’s coin”.
249. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
250. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
251. Subs. by the A.O. 1950, for
“any of the Queen’s coin”.
252. Subs. by the A.O. 1950, for
“any of the Queen’s coin”.
253. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
254. Ins. by Act 3 of 1895, sec.
2.
255. Subs. by Act 42 of 1953,
sec. 4 and Sch. III, for “may be seized and” (w.e.f. 23-12-1953).
256. The word “and” omitted by
Act 42 of 1953, sec. 4 and Sch. III (w.e.f. 23-12-1953).
257. Subs. by the A.O. 1937, for
“by the Government of India or by any Government”.
258. The words “Central or any
Provincial” omitted by the A.O. 1950.
259. The words “or the Crown
Representative” omitted by the A.O. 1948.
260. Subs. by Act 8 of 1925, sec.
2, for the original section.
261. Ins. by Act 36 of 1969, sec.
2 (w.e.f. 7-9-1969).
262. Section 292 renumbered as
sub-section (2) thereof by Act 36 of 1969, sec. 2 (w.e.f. 7-9-1969).
263. Subs. by Act 36 of 1969,
sec. 2, for certain words (w.e.f. 7-9-1969).
264. Subs. by Act 36 of 1969,
sec. 2, for Exception (w.e.f. 7-9-1969).
265. Subs. by Act 8 of 1925, sec.
2, for the original section.
266. Subs. by Act 36 of 1969,
sec. 2, for certain words (w.e.f. 7-9-1969).
267. Subs. by Act 3 of 1895, sec.
3, for the original section.
268. Ins. by Act 27 of 1870, sec.
10.
269. Subs. by the A.O. 1937, for
“not authorised by Government”.
270. Subs. by Act 3 of 1951, sec.
3 and Sch., for “a lottery organised by the Central Government or the
Government of a Part A State or a Part B State”.
271. Subs. by the A.O. 1950, for
“Provincial”.
272. Ins. by Act 25 of 1927, sec.
2.
273. Subs. by the A.O. 1950, for
“His Majesty’s subjects”.
274. Subs. by Act 41 of 1961,
sec. 3, for certain words (w.e.f. 27-9-1961).
275. Subs. by Act 41 of 1961,
sec. 3, for “two years” (w.e.f. 27-9-1961).
276. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
277. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
278. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
279. Ins. by Act 27 of 1870, sec.
12.
280. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
281. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
282. Ins. by Act 27 of 1870, sec.
11.
283. Ins. by Act 12 of 1891, sec.
2 and Sch. II.
284. Subs. by Act 8 of 1882, sec.
7, for “and shall also be liable to fine”.
285. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
286. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
287. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
288. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
289. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
290. Ins. by Act 8 of 1882, sec.
8.
291. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch. to read as above.
292. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch. to read as above.
293. Subs. by Act 42 of 1949,
sec. 2, for “fourteen”.
294. Subs. by Act 42 of 1949,
sec. 2, for “sixteen”.
295. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
296. Ins. by Act 52 of 1959, sec.
2 (w.e.f. 15-1-1960).
297. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
298. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch. to read as above.
299. Ins. by Act 42 of 1993, sec.
2 (w.e.f. 22-5-1993).
300. Subs. by Act 24 of 1995, for
“any other person” (w.e.f. 26-5-1995).
301. Added by Act 20 of 1923,
sec. 2.
302. Ins. by Act 20 of 1923, sec.
3.
303. Ins. by Act 20 of 1923, sec.
3.
304. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
305. Ins. by Act 3 of 1951, sec.
3 and Sch.
306. Certain words omitted by Act
3 of 1951, sec. 3 and Sch.
307. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
308. Subs. by Act 18 of 1924,
sec. 2, for certain words.
309. Ins. by Act 18 of 1924, sec.
3.
310. Subs. by Act 18 of 1924,
sec. 2, for certain words.
311. Ins. by Act 18 of 1924, sec.
4.
312. Subs. by Act 43 of 1983,
sec. 3, for section 375 (w.e.f. 25-12-1983).
313. Subs. by Act 43 of 1983,
sec. 3, for section 376 (w.e.f. 25-12-1983).
314. Subs. by Act 43 of 1983,
sec. 3, for sections 375 and 376 (w.e.f. 25-12-1983).
315. Subs. by Act 43 of 1983,
sec. 3, for sections 375 and 376 (w.e.f. 25-12-1983).
316. Subs. by Act 43 of 1983,
sec. 3, for sections 375 and 376 (w.e.f. 25-12-1983).
317. Subs. by Act 43 of 1983,
sec. 3, for sections 375 and 376 (w.e.f. 25-12-1983).
318. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
319. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
320. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
321. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
322. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
323. Ins. by Act 40 of 1973, sec.
9 (w.e.f. 1-11-1973).
324. Explanation renumbered as
Explanation 1 by Act 38 of 1975, sec. 9 (w.e.f. 1-9-1975).
325. Ins. by Act 33 of 1988, sec.
27 (w.e.f. 1-8-1988).
326. Ins. by Act 38 of 1975, sec.
9 (w.e.f. 1-9-1975).
327. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
328. The words “the” and “offence
of” rep. by Act 12 of 1891, sec. 2 and Sch. I and Act 8 of 1882, sec. 9,
respectively.
329. Ins. by Act 8 of 1882, sec.
9.
330. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
sec. 3 and Sch., to read as above.
331. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
332. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
333. Ins. by Act 8 of 1882, sec.
10.
334. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
335. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
336. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
337. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
338. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
339. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
340. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).
341. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).
342. Subs. by Act 10 of 2009,
sec. 51(e), for “digital signature” (w.e.f. 27-10-2009).
343. Ins. by Act 21 of 2000, sec.
91 and Sch. I (w.e.f. 17-10-2000).
344. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “Whoever forges a document” (w.e.f. 17-10-2000).
345. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
346. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “document forged” (w.e.f. 17-10-2000).
347. Subs. by Act 21 of 2000, sec.
91 and Sch. I, for “intending that the document forged” (w.e.f. 17-10-2000).
348. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).
349. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).
350. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
351. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).
352. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
353. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
354. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “any document” (w.e.f. 17-10-2000).
355. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
356. Added by Act 3 of 1895, sec.
4.
357. Subs. by Act 21 of 2000,
sec. 91 and Sch. I, for “book, paper, writing” (w.e.f. 17-10-2000).
358. The words “any false trade
mark or” omitted by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959).
359. The words “trade mark or”
omitted by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959).
360. Subs. by Act 4 of 1889, sec.
3, for the original section 484.
361. Subs. by Act 43 of 1958,
sec. 135 and Sch., for the original section 485 (w.e.f. 25-11-1959).
362. Subs. by Act 4 of 1889, sec.
3, for the original section 486.
363. Subs. by Act 43 of 1958,
sec. 135 and Sch., for certain words (w.e.f. 25-11-1959).
364. Subs. by Act 4 of 1889, sec.
3, for the original section 487.
365. Subs. by Act 4 of 1889, sec.
3, for the original section 488.
366. Subs. by Act 4 of 1889, sec.
3, for the original section 489.
367. Added by Act 12 of 1899,
sec. 2.
368. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
369. Subs. by Act 35 of 1950,
sec. 3 and Sch. II, for “489C and 489D”.
370. Added by Act 12 of 1899,
sec. 2.
371. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
372. Added by Act 12 of 1899,
sec. 2.
373. Added by Act 12 of 1899,
sec. 2.
374. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
375. Ins. by Act 6 of 1943, sec.
2.
376. Ins. by Act 46 of 1983, sec.
2 (w.e.f. 25-12-1983).
377. Subs. by Act 4 of 1898, sec.
6, for the original section 505.
378. Section 505 renumbered as sub-section
(1) of that section by Act 35 of 1969, sec. 3.
379. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or sailor”.
380. Subs. by Act 10 of 1927,
sec. 2 and Sch. I, for “or Navy”.
381. Subs. by A.O. 1950 for “of
Her Majesty or in the Imperial Service Troops”. The words “or in the Royal
Indian Marine” occurring after the words “Majesty” were omitted by Act 35 of
1934, sec. 2 and Sch.
382. Subs. by Act 41 of 1961,
sec. 4, for “two years” (w.e.f. 12-9-1961).
383. Ins. by Act 35 of 1969, sec.
3 (w.e.f. 4-6-1969).
384. Subs. by A.O. 1950 for “of
Her Majesty or in the Imperial Service Troops”. The words “or in the Royal
Indian Marine” occurring after the words “Majesty” were omitted by Act 35 of
1934, sec. 2 and Sch.
385. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
386. Subs. by Act 26 of 1955,
sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
387. Subs. by Act 26 of 1955,
sec. 117 and Sch., for certain original words (w.e.f. 1-1-1956).