THE INDIAN PENAL CODE, 1860
CONTENTS
1. Title
and extent of operation of the Code
2. Punishment
of offences committed within India
3. Punishment
of offences beyond but which by law may be tried within India
4. Extension
of Code to extra-territorial offences
5. Certain
laws not to be affected by this Act
6. Definition
in the Code to be understood subject to exceptions
7. Sense
of expression once explained
8. Gender
9. Number
10. “Man”,
“Woman”
11. “Person”
12. “Public”
13. [Repealed]
15. [Repealed]
16. [Repealed]
17. “Government”
18. “India”
19. “Judge”
23. “Wrongful
gain”
Gaining wrongfully,
losing wrongfully
24. “Dishonestly”
25. “Fraudulently”
27. “Property
in possession of wife, clerk or servant”
28. “Counterfeit”
29. “Document”
31. “A
will”
32. Words referring
to acts include illegal omissions
34. Acts
done by several persons in furtherance of common intention
35. When
such an act is criminal by reasons of its being done with a criminal knowledge
or intention.
36. Effect
caused partly by act and partly by omission
37. Co-operation
by doing one of several acts constituting an offence
38. Persons
concerned in criminal act may be guilty of different offences
39. “Voluntarily”
40. “Offence”
41. “Special
law”
42. “Local
law”
43. “Illegal”,
“Legally bound to do”
44. “Injury”
45. “Life”
46. “Death”
47. “Animal”
48. “Vessel”
49. “Year,
“Month”
50. “Section”
51. “Oath”
52. “Good
faith”
52A. “Harbor”
53. Punishment
53A. Construction
of reference to transportation
54. Commutation
of sentence of death
55. Commutation
of sentence of imprisonment for life
55A. Definition
of “appropriate Government
56. [Repealed]
57. [Repealed]
58. [Repealed]
59. [Repealed]
60. Sentence
may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
61. [Repealed]
62. [Repealed]
63. Amount
of fine
64. Sentence
of imprisonment for non-payment of fine
65. Limit
to imprisonment for non-payment of fine, when imprisonment and fine awardable.
66. Description imprisonment for
non-payment of fine
67. Imprisonment
for non-payment of fine, when offence punishable with fine only
68. Imprisonment
to terminate on payment of fine
69. Termination
of imprisonment on payment of proportional part of fine
71. Limit
of punishment of offence made up of several offences
74. Limit
of solitary confinement
GENERAL EXCEPTIONS
76. Act done
by a person bound, or by mistake of fact believing himself bound, by law.
77. Act of
judge when acting judicially
78. Act
done pursuant to the judgment or order of Court
79. Act
done by a person justified, or by mistake of fact believing himself justified,
by law.
80. Accident
in doing a lawful act
81. Act
likely to cause harm, but done without criminal intent, and to prevent other
harm.
82. Act of
a child under seven years of age
83. Act of
a child above seven and under twelve of immature understanding
84. Act of
a person of unsound mind
85. Act of
a person incapable of judgment by reason of intoxication caused against his
will
86. Offence
requiring a particular intent or knowledge committed by one who is intoxicated.
87. Act not
intended and not known to be likely to cause death or grievous hurt, done by
consent.
88. Act not
intended to cause death, done by consent in good faith for person’s benefit.
89. Act
done in good faith for benefit of child or insane person, by or by consent of
guardian provisos
90. Consent known to be given under
fear or misconception
91. Exclusion
of acts which are offences independently of harm caused
92. Act
done in good faith for benefit of a person without consent
93. Communication
made in good faith
94. Act to
which a person is compelled by threats
96. Things
done in private defence
97. Right
of private defence of the body and of property
98. Right
of private defence against the act of a person of unsound mind, etc.
99. Act
against which there is no right of private defence.
Extent to which the right may be exercised
100. When the
right of private defence of the body extends to causing death
101. When
such right extends to causing any harm other than death
102. Commencement
and continuance of the right of private defence of the body.
103. When the
right of private defence of property extends to, causing death
104. When
such right extends to causing any harm other than death
105. Commencement
and continuance of the right of private defence of property.
106. Right of
private defence against deadly assault when there is risk of harm to innocent
person.
OF ABETMENT
107. Abetment
of a thing
108. Abettor
108A. Abetment
in India of offence outside India
110. Punishment
of abetment if person abetted does act with different intention from that of
abettor.
111. Liability
of abettor when one act abetted and different act done
112. Abettor
when liable to cumulative punishment for act abetted and for act done
114. Abettor
present when offence is committed
115. Abetment
of offence punishable with death or imprisonment for life-if offence not
committed.
116. Abetment
of offence punishable with imprisonment-if offence be not committed
117. Abetting
commission of offence by the public or by more than ten persons
118. Concealing
design to commit offence punishable with death or imprisonment for life.
119. Public
servant concealing design to commit offence which it is his duty to prevent
If offence be punishable
with death, etc.
120. Concealing
design to commit offence punishable with imprisonment
If offence be
committed-if offence be not committed
120A. Definition
of criminal conspiracy
120B. Punishment
of criminal conspiracy
CHAPTER-VI
121. Waging,
or attempting to wages war, or abetting waging of war, against the Government
of India.
121A. Conspiracy
to commit offences punishable by section 121
122. Collecting
arms, etc., with intention of waging war against the Government of India.
123. Concealing
with intent to facilitate design to wage war
124A. Sedition
125. Waging
war against any Asiatic Power in alliance with the Government of India
126. Committing
depredation on territories of Power at peace with the Government of India.
127. Receiving
property taken by war on depredation mentioned in sections 125 and 126
128. Public
servant voluntarily allowing prisoner of State or war to escape
129. Public
servant negligently suffering such prisoner to escape
130. Aiding
escape o, rescuing or harbouring such prisoner
131. Abetting
mutiny, or attempting to seduce a
soldier, sailor or airman from his duty.
132. Abetment
of mutiny, if mutiny is committed in consequence thereof
134. Abetment
of such assault, if the assault is committed
135. Abetment
of desertion of soldier, sailor or airman
136. Harbouring
deserter
137. Deserter
concealed on board merchant vessel through negligence of master
138. Abetment
of act of insubordination by soldier, sailor or airman
138A. [Repealed]
139. Persons subject
to certain acts
140. Wearing
garb or carrying token used by soldier, sailor or airman
141. Unlawful
assembly
142. Being
member or unlawful assembly
143. Punishment
144. Joining
unlawful assembly armed with deadly weapon
145. Joining
or continuing in unlawful assembly, knowing it has been commanded to disperse
146. Rioting
148. Rioting
armed with deadly weapon
149. Every
member of unlawful assembly guilty of offence committed in prosecution of common
object.
150. Hiring,
or conniving at hiring, of persons to join unlawful assembly
152. Assaulting
or obstructing public servant when suppressing riot, etc.
153. Wantonly
giving provocation with intent to cause riot-if rioting be committed-if not
committed
Offence committed in
place of worship, etc.
153B. Imputations,
assertions prejudicial to national-integration
154. Owner or
occupier of land on which an unlawful assembly is held
155. Liability
of person for whose benefit riot is committed
156. Liability
of agent of owner or occupier for whose benefit riot is committed
157. Harbouring
persons hired for an unlawful assembly
158. Being hired
to take part in an unlawful assembly or riot
159. Affray
160. Punishment
for committing affray
CHAPTER-IX
161. to 165A [Repealed]
166. Public
servant disobeying law, with intent to cause injury to any person
167. Public
servant framing an incorrect document with intent to cause injury
168. Public
servant unlawfully engaging in trade
169 Public
servant unlawfully buying or bidding for property
170. Personating
a public servant
171. Wearing garb
or carrying token used by public servant with fraudulent intent
OF OFFENCES RELATING TO ELECTIONS
171A. “Candidate”,
“Electoral right” defined
171B. Bribery
171C. Undue
influence at elections
171D. Personation
at elections
171E. Punishment
for bribery
171F. Punishment
for undue influence or personation at an election
171G. False
statement in connection with an election
171H. Illegal
payments in connection with an election
171I. Failure
to keep election accounts
OF CONTEMPTS OF THE LAWFUL
AUTHORITY OF PUBLIC SERVANTS
172. Absconding
to avoid service of summons or other proceeding
173. Preventing
servic4e of summons or other proceeding, or preventing publication thereof
174. Non-attendance
in obedience to an order from public servant
175. Omission
to produce document to public servant by person legally bound to produce it
176. Omission
to give notice or information to public servant by person legally bound to give
it
177. Furnishing
false information
178. Refusing
oath or affirmation when duly required by public servant to make it
179. Refusing
to answer public servant authorised to question
180. Refusing
to sign statement
183. Resistance
to the taking of property by the lawful authority of a public servant
184. Obstructing
sale of property offered for sale by authority of public servant
185. Illegal
purchase or bid for property offered for sale by authority of public servant
186. Obstructing
public servant in discharge of public functions
187. Omission
to assist public servant when bound by law to give assistance
188. Disobedience
to order duly promulgated by public servant
189. Threat
of injury to public servant
190. Threat
of injury to induce person to refrain from applying for protection to public
servant
OF FALSE EVIDENCE AND OFFENCES
AGAINST PUBLIC JUSTICE
192. Fabricating
false evidence
193. Punishment
for false evidence
194. Giving
or fabricating false evidence with intent to procure conviction of capital
offence
If innocent person
be thereby convicted and executed
196. Using
evidence known to be false
197. Issuing
or singing false certificate
198. Using as
true a certificate known to be false
199. False
statement made in declaration which is by law receivable as evidence
200. Using as
true such declaration knowing it to be false
201. Causing disappearance
of evidence of offence, or giving false information to screen offender.
If punishable with
imprisonment for life.
If punishable with less
than ten years’ imprisonment.
202. Intentional
omission to give information of offence by person bound to inform
203. Giving
false information respecting an offence committed
204. Destruction
of document to prevent its production as evidence
205. False
personation for purpose of act or proceeding in suit or prosecution
206. Fraudulent
removal or concealment of property to prevent its seizure as forfeited or in
execution
207. Fraudulent
claim to property to prevent its seizure as forfeited
208. Fraudulently
suffering decree for sum not due
209. Dishonestly
making false claim in Court
210. Fraudulently
obtaining decree for sum not due
211. False
charge of offence made with intent to injure
212. Harbouring
offender
If punishable with
imprisonment for life, or with imprisonment
213. Taking
gift, etc., to screen an offender from punishment
If punishable with
imprisonment for life, or with imprisonment
214. Offering gift o restoration of property
in consideration of screening offender
If punishable with
imprisonment for life, or with imprisonment
215. Taking
gift to help to recover stolen property, etc.
216. Harbouring
offender who has escaped from custody or whose apprehension has been ordered.
If punishable with
imprisonment for life, or with imprisonment
216A. Penalty
for harbouring robbers or dacoits
216B. [Repealed]
219. Public
servant in judicial proceeding corruptly making report, etc., contrary to law
221. Intentional
omission to apprehend on the part of public servant bound to apprehend
223. Escape
from confinement or custody negligently suffered by public servant
224. Resistance
or obstruction by a person to his lawful apprehension
225. Resistance
or obstruction to lawful apprehension of another person
226. [Repealed]
227. Violation
of condition of remission of punishment
228. Intentional
insult or interruption to public servant sitting in judicial proceeding
228A. Disclosure
of identity of the victim of certain offences etc.
229. Personation
of a juror or assessor
OF OFFENCES RELATING TO COIN AND
GOVERNMENT STAMPS
230. “Coin”
defined
231. Counterfeiting
coin
232. Counterfeiting
Indian coin
233. Making
or selling instrument for counterfeiting coin
234. Making
or selling instrument for counterfeiting Indian coin
235. Possession
of instrument or material for the purpose of using the same for counterfeiting
coin.
236. Abetting
in India the counterfeiting out of India of coin
237. Import
or export of counterfeit coin
238. Import
or export of counterfeits of the Indian coin
239. Delivery
of coin, possessed with knowledge that it is counterfeit
240. Delivery
of Indian coin, possessed with knowledge that it is counterfeit
243. Possession
of Indian coin by person who knew it to be counterfeit when he became possessed
thereof
244. Person
employed in mint causing coin to be of different weight or composition from
that fixed by law
245. Unlawfully
taking coining instrument from mint
246. Fraudulently
or dishonestly diminishing weight or altering composition of coin
247. Fraudulently
or dishonestly diminishing weight or altering composition of Indian coin
248. Altering
appearance of coin with intent that it shall pass as coin of different
description
249. Altering
appearance of Indian coin with intent that it shall pass as coin of different
description
250. Delivery
of coin, possessed with knowledge that it is altered
251. Delivery
of Indian coin, possessed with knowledge that it is altered
252. Possession
of coin by person who knew it to be altered when he became possessed thereof
253. Possession
of Indian coin by person who knew it to be altered when he became possessed
thereof
254. Delivery
of coin as genuine, which, when first possessed, the deliverer did not know to
be altered
255. Counterfeiting
Government stamp
256. Having possession
of instrument or material for counterfeiting Government stamp
257. Making
or selling instrument for counterfeiting Government stamp
258. Sale of
counterfeit Government stamp
259. Having
possession of counterfeit Government stamp
260. Using
Government stamp known to have been before used
262. Using
Government stamp known to have been before used
263. Erasure of
mark denoting that stamp has been used
263A. Prohibition
of fictitious stamp
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
264 Fraudulent use of false
instrument for weighing
265. Fraudulent
use of false weight or measure
266. Being in
possession of false weight or measure
267. Making
or selling false weight or measure
CHAPTER XIV
OF OFFENCES
AFFECTING THE PUBLIC HEALTH, SAFETY,
CONVENIENCE,
DECENCY AND MORALS
268. Public
nuisance
269. Negligent
act likely to spread infection of disease dangerous to life
270. Malignant
act likely to spread infection of disease dangerous to life
271. Disobedience
to quarantine rule
272. Adulteration
of food or drink intended for sale
273. Sale of
noxious food or drink
275. Sale of
adulterated drugs
276. Sale of
drug as a different drug or preparation
277. Fouling
water of public spring or reservoir
278. Making
atmosphere noxious to health
279. Rash
driving or riding on a public way
280. Rash
navigation of vessel
281. Exhibition
of false light, mark or buoy
282. Conveying
person by water for hire in unsafe or overloaded vessel
283. Danger
or obstruction in public way or l9ine of navigation
284. Negligent
conduct with respect to poisonous substance
285. Negligent
conduct with respect to fire or combustible matter
286. Negligent
conduct with respect to explosive substance
287. Negligent
conduct with respect to machinery
288. Negligent
conduct with respect to pulling down or repairing buildings
289. Negligent
conduct with respect to animal
290. Punishment
for public nuisance in cases not otherwise provided for
291. Continuance
of nuisance after injunction to discontinue
292. Sale,
etc., of obscene books, etc.
292A. Printing,
etc., of grossly indecent or securrilous matter or matter intended for
blackmail
293. Sale,
etc. of obscene objects to young person
294A. Keeping lottery-office
OF OFFENCES RELATING TO RELIGION
295. Injuring
or defiling place or worship with intent to insult the religion of any class
296. Disturbing
religious assembly
297. Trespassing
on burial places, etc.
298. Uttering,
words, etc., with deliberate intent to wound the religious feelings of any
person
OF OFFENCES AFFECTING THE HUMAN
BODY
OF OFFENCES AFFECTING LIFE
299. Culpable
homicide
300. Murder
When culpable homicide is not murder
301. Culpable
homicide by causing death or person other than person whose death was intended
303. Punishment
for murder by life-convict
304. Punishment
for culpable homicide not amounting to murder
304A. Causing
death by negligence
304B. Dowry
death
305. Abetment
of suicide of child or insane person
306. Abetment
of suicide
307. Attempt
to murder
308. Attempt
to commit culpable homicide
309. Attempt
to commit suicide
310. Thug
311. Punishment
OF THE CAUSING OF MISCARRIAGE, OF INJURIES TO UNBORN CHILDREN, OF
THE EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS.
312. Causing
miscarriage
313. Causing
miscarriage without woman’s consent
314. Death
caused by act done with intent to cause miscarriage.
If act done without
woman’s consent
315. Act done
with intent to prevent child being born alive or to cause it to die after birth
316. Causing
death of quick unborn child by act amounting to culpable homicide
317. Exposure
and abandonment of child under twelve years, by parent or person having care of
it
OF HURT
318. Concealment
of birth by secret disposal of dead body
319. Hurt
320. Grievous
hurt
322. Voluntarily
causing grievous hurt.
323. Punishment
for voluntarily causing hurt
324. Voluntarily
causing hurt by dangerous weapons or means
325. Punishment
for voluntarily causing grievous hurt
326. Voluntarily
causing grievous hurt by dangerous weapons or means
327. Voluntarily
causing hurt to extort property, or to constrain to an illegal act
328. Causing hurt
by means of poison, etc. with intent to commit an offence
329. Voluntarily
causing grievous hurt to extort property, or to constrain to an illegal act
330. Voluntarily
causing hurt to extort confession, or to compel restoration of property
331. Voluntarily
causing grievous hurt to extort confession, or to compel restoration of
property
332. Voluntarily
causing hurt to deter public servant from his duty
333. Voluntarily
causing grievous hurt to deter public servant from his duty
334. Voluntarily
causing hurt on provocation
335. Voluntarily
causing grievous hurt on provocation
336. Act
endangering life or personal safety of others
337. Causing hurt
by act endangering life or personal safety of others
338. Causing
grievous hurt by act endangering life or personal safety of others
OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT
339. Wrongful
restraint
340. Wrongful
confinement
341. Punishment
for wrongful restraint
342. Punishment
for wrongful confinement
343. Wrongful
confinement for three or more days
344. Wrongful
confinement for ten or more days
345. Wrongful
confinement of person for whose liberation writ has been issued
346. Wrongful
confinement in secret
347. Wrongful
confinement to extort property, or constrain to illegal act
348. Wrongful
confinement to extort confession, or compel restoration of property
OF CRIMINAL FORCE AND ASSAULT
349. Force
350. Criminal
force
351. Assault
352. Punishment
for assault or criminal force otherwise than on grave provocation
353. Assault
or criminal force to deter public servant from discharge of his duty
354. Assault
or criminal force to woman with intent to outrage her modesty
355. Assault
or criminal force with intent to dishonour person, otherwise than on grave
provocation
356. Assault
of criminal force in attempt to commit theft of property carried by a person
357. Assault
or criminal force in attempt wrongfully to confine a person
358. Assault
or criminal force on grave provocation
OF KIDNOPPING ABDUCTION, SLAVERY AND FORCED LABOUR
359. Kidnapping
361. Kidnapping
from lawful guardianship
362. Abduction
363. Punishment
for kidnapping
363A. Kidnapping
or maiming a minor for purposes of begging
364. Kidnapping
or abducting in order to murder
364A. Kidnapping
for ransom, etc.
365. Kidnapping
or abducting with intent secretly and wrongfully to confine person
366. Kidnapping,
abducting or inducing woman to compel her marriage, etc.
366A. Procuration
of minor girl
367. Kidnapping
or abducting in order to subject person to grievous hurt, slavery, etc.
368. Wrongfully
concealing or keeping in confinement, kidnapped or abducted person
369. Kidnapping
or abducting child under ten yeas with intent to steal from its person
370. Buying
or disposing of any person as a slave
371. Habitual
dealing in slaves
372. Selling
minor for purposes of prostitution, etc.
373. Buying
minor for purposes of prostitution, etc.
374. Unlawful
compulsory labour
SEXUAL OFFENCES
375. Rape
376. Punishment
for rape
376A. Intercourse
by a man with his wife during separation
376B. Intercourse
by public servant with woman in his custody
376C. Intercourse
by superintendent of jail, remand home, etc.
376D. Intercourse
by any member of the management of staff of a hospital with any woman in that
hospital
OF UNNATURAL OFFENCES
377. Unnatural
offences
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
OF THEFT
378. Theft
379. Punishment
for theft
380. Theft in
dwelling house, etc.
381. Theft by
clerk or servant of property in possession of master
OF EXTORTION
383. Extortion
385. Putting
person in fear of injury in order to commit extortion
386. Extortion
by putting a person in fear of death or grievous hurt to
387. Putting
person in fear of death or of grievous hurt, in order to commit extortion
388. Extortion
by threat of accusation of an offence punishable with death or imprisonment for
life, etc.
OF ROBBERY AND DACOITY
389. Putting
person in fear of accusation of offence, in order to commit extortion
390. Robbery
391. Dacoity
393. Attempt
to commit robbery
394. Voluntarily
causing hurt in committing robbery
396. Dacoity
with murder
397. Robbery,
or dacoity, with attempt to cause death or grievous hurt
398. Attempt
to commit robbery or dacoity when armed with deadly weapon
399. Making
preparation to commit dacoity
400. Punishment
for belonging to gang of dacoits
401. Punishment
for belonging to gang of thieves
402. Assembling
for purpose of committing dacoity
OF CRIMINAL MISAPPROPRIATION OF PROPERTY
403. Dishonest
misappropriation of property
404. Dishonest
misappropriation of property possessed by deceased person at the time of his
death
OF CRIMINAL BREACH OF TRUST
406. Punishment
for criminal breach of trust
407. Criminal
breach of trust by carrier, etc.
408. Criminal
breach of trusty by clerk or servant
409. Criminal
breach of trust by public servant, or by banker, merchant or agent
OF THE RECEIVING OF STOLEN PROPERTY
410. Stolen
property
411. Dishonestly
receiving stolen property
412. Dishonestly
receiving property stolen in the commission of a dacoity
413. Habitually
dealing in stolen property
414. Assisting
in concealment of stolen property
OF CHEATING
415. Cheating
419. Punishment
for cheating by personation
420. Cheating
ad dishonestly inducing delivery of property
OF FRAUDULENT DEEDS AND DISPOSITION OF PROPERTY
421. Dishonest
or fraudulent removal or concealment of property to prevent distribution among
creditors
422. Dishonestly
or fraudulently preventing debt being available for creditors
423. Dishonest
or fraudulent execution of deed of transfer containing false statement of consideration
424. Dishonest
or fraudulent removal or concealment of property
OF MISCHIEF
425. Mischief
427. Mischief
causing damage to the amount of fifty rupees
428. Mischief
by killing or maiming animal of the
value of ten rupees.
429. Mischief
by killing or maiming cattle, etc., of any value or any animal of the value of fifty
rupees
430. Mischief
by injury to works of irrigation or by wrongfully diverting water
431. Mischief
by injury to public road, bridge, river or channel
432. Mischief
by causing inundation or obstruction to public drainage attended with damage
433. Mischief
by destroying, moving or rendering less useful a light-house or sea-mark
434. Mischief
by destroying or moving, etc., a land mark fixed by public authority
436. Mischief
by fire or explosive substance with intent to destroy house, etc.
437. Mischief
with intent to destroy or make unsafe a decked vessel or one of twenty tons
burden
438. Punishment
for the mischief described in section 437 committed by fire or explosive
substance
439. Punishment
for intentionally running vessel aground or ashore with intent to commit theft,
etc.
440. Mischief
committed after preparation made for causing death or hurt
OF CRIMINAL TRESPASS
441. Criminal
trespass
442. House
trespass
444. Lurking
house-trespass by night
445. House
breaking
447. Punishment
for criminal trespass
448. Punishment
for house-trespass
449. House-trespass
in order to commit offence punishable with death
450. House-trespass
in order to commit offence punishable with imprisonment for life
451. House-trespass
in order to commit offence punishable with imprisonment
452. House-trespass
after preparation for hurt, assault or wrongful restraint
453. Punishment
for lurking house-trespass or house-breaking
454. Lurking
house-trespass or house-breaking in order to commit offence punishable with
imprisonment
455. Lurking
house-trespass or house-breaking after preparation for hurt, assault or
wrongful restraint
456. Punishment
for lurking house-trespass or house-breaking by night
459. Grievous
hurt caused whilst committing lurking house-trespass or house-breaking
461. Dishonestly
breaking open receptacle containing property
462. Punishment
for same offence when committed by person entrusted with custody
OF OFFENCES RELATING TO DOCUMENTS
AND TO PROPERTY MARKS
463. Forgery
466. Forgery of
record of court or of public register, etc.
467. Forgery
of valuable security, will etc.
468. Forgery
for purpose of cheating
469. Forgery
for purpose of harming reputation
470. Forged
document
471. Using as
genuine a forged document
473. Making
or possessing counterfeit seal, etc., with intent to commit forgery punishable
otherwise
477. Fraudulent
cancellation, destruction, etc. of will, authority to adopt, or valuable
security
477A. Falsification
of accounts
OF PROPERTY AND OTHER MARKS
478. [Repealed]
479. Property
mark
480. [Repealed]
481. Using a
false property mark
482. Punishment
for using a false property mark
483. Counterfeiting
a property mark used by another
484. Counterfeiting
a mark used by a public servant
485. Marking
or possession of any instrument for counterfeiting a property mark
486. Selling
goods marked with a counterfeit property mark
487. Making a
false mark upon any receptacle containing goods
488. Punishment
for making use of any such false mark
489. Tampering
with property mark with intent to cause injury
OF CURRENCY-NOTES AND BOOK-NOTES
489A. Counterfeiting
currency-notes or bank-notes
489B. Using as genuine,
forged or counterfeit currency-notes or bank-notes
489C. Possession
of forged or counterfeit currency-notes or bank-notes
489E. Making or
using documents resembling currency-notes or bank-notes
CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
490. [Repealed]
491. Breach
of contract to attend on and supply wants of helpless person
492. [Repealed]
OF OFFENCES RELATING TO MARRIAGE
493. Cohabitation
caused by a man deceitfully inducing a belief of lawful marriage
494. Marrying
again during lifetime of husband or wife
496. Marriage
ceremony fraudulently gone through without lawful marriage
497. Adultery
498. Enticing
or taking away or detaining with criminal intent a married woman
CHAPTER XXA
OF CRUELTY BY HUSBAND OR
RELATIVES OF HUSBAND
498A. Husband
or relative of husband of a woman subjecting her to cruelty
OF DEFAMATION
499. Defamation
Imputation of truth
which public good requires to be made or published
Public conduct of
public servant
Conduct of any person
touching any public question
Publication of reports
of proceedings of Courts
Merits of case decided
in Court or conduct of witnesses and others concerned
Censure passed in good
faith by person having lawful authority over another.
Accusation preferred in
good faith to authorised person
Imputation made in good
faith by person for protection of his or other’s interests
Caution intended for
good of person to whom conveyed or for public good
500. Punishment
for defamation
501. Printing
or engraving matter known to be defamatory
502. Sale of
printed or engraved substance containing defamatory matter.
OF CRIMINAL INTIMIDATION, INSULT
AND ANNOYANCE
504. Intentional
insult with intent to provoke breach of the peace
505. Statement
conducing to public mischief.
Statements creating or
promoting enmity, hatred or ill-will between classes
Offence under
sub-section (2) committed in place of worship, etc
506. Punishment
for criminal intimidation
If threat be to cause
death or grievous hurt, etc.
507. Criminal intimidation by an anonymous communication
509. Word,
gesture or act intended to insult the modesty of a woman
510. Misconduct in public by a drunken person
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
THE INDIAN PENAL CODE, 1860
(45 OF 1860) 1
[6th
October, 1860.]
1. The
Indian Penal Code has been extended to Berar by the Berar Laws Act, 1941 (4 of
1941) and has been declared in force in-
Sonthal
Parganas, by the Sonthal Parganas Settlement Regulation 1872 (3 of 1872), sec.
2. Panth Piploda Laws Regulation, 1929 (1 of 1929), sec. 2 and Sch.;
Khondmals
District, by the Khondmals Laws Regulation, 1936 (4 of 1936), sec. 3 and Sch.;
and Angul District, by the Angul Laws Regulation, 1936 (5 of 1936), sec. 3 and
Sch. It has been declared under sec.3 (a) of the scheduled Districts Act, 1874
(14 of 1874), to be in force in the following scheduled Districts, namely the
United Provinces Tarai Districts, see Gazette of India, 1876, Pt. I, p. 505;
the Districts of Hazaribagh, Lohardaga (now called the Ranchi District, see
Calcutta Gazette, 1899, Pt. I, p. 44) and Manbhum and Parganas.
Dhalbhum and the
Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt. I, p. 504.
It has been extended under section 5 of the same Act to the Lushai Hills; see
Gazette of India, 1898, Pt. II, p. 345.
The Act has been extended
to Goa, Daman and Diu by Reg. 12 of 1962, sec. 3 and Sch.; to Dadra and Nagar
Haveli by Reg. 6 of 1963, sec.2 and Sch. I; to Pondicherry by Reg. 7 of 1963,
sec.3 and Sch. I and to Laccadive, Minicoy and Amindivi Islands by Reg.8 of
1965, sec.3 and Sch. It has been extended to the State of Sikkim w.e.f.
13-9-1994 vide Notification No. S.O. 516(E), dated 9th July, 1994.
INTRODUCTION
Preamble: - WHEREAS it is expedient to provide a general Penal
Code for 1[India]; It is enacted as follows: -
1.
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.
1. Title and extant 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]].
1. The original wards have successively
been amended by the Act of 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”.
2. Punishment of offences committed
within India. —Every person shall be liable punishment under this Code and not
otherwise for every act of omission contrary to the provisions thereof, of
which, he shall be guilty within 1[India] 2[***].
1. 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.
2. 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.
3. Punishment
of offences committed beyond, but which by law may be tried within, India. —Any person liable, by any 1(Indian law) to be tried for
an offence committed beyond 2(India) shall be dealt with according to the
provisions of this Code for any act committed beyond 2(India) in the same manner
as if such act had been committed within 3[India].
1. Subs. by the A.O. 1937
for “law passed by the Governor General of India in Council”.
2. The original wards
“the limits of 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.
3. The original words
“the said territories” have successively been amended by the A.O. 1950 and Act
3 of 1951, sec 3 and Schedule, to read as above.
1[4.
Extension of Code to
extra-territorial offences. —The provisions of this Code apply also
to any offence committed by—
2[(1) Any citizen of India in
any place without and beyond India;
(2)
Any person on any ship of aircraft
registered in India wherever it may be.]
Explanation. —In this
section the word “offence” includes every act committed outside 3[India] which, If committed
in 3[India], would be punishable under this code.
4[Illustration]
5[*** A, 6[who is 7[a citizen of India]],
commits a murder in Uganda. He can be tried and convicted of murder in any
place in 3[India] in which he may be found.
8[* * *]
1. Subs. by Act 4 of
1898, sec. 2, for the original section.
2. Subs. by the A.O.
1950, for clauses (1) to (4).
3. 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.
4. Subs. by Act 36 of
1957, sec.3 and sch. II, for “Illustrations”.
5. The bracket and
letter “a” omitted by Act 36 of 1957, sec.3 and sch. II.
6. Subs. by the
A.O.1948, for “a coolie, who is a Native Indian subject”.
7. Subs. by the
A.O.1950, for “a British subject of Indian domicile”.
5. 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.
8. Illustrations (b), (c
) and (d) omitted by the A.O.1950.
1[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.]
1. Subs. by the
A.O.1950, for the original section.
CHAPTER II
GENERAL EXPLANATIONS
6. Definitions
in the Code to be understood subject to exceptions—Throughout this Code every
definition of an offence, every penal provision, and every illustration of
every such definition or penal 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
can not 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 of Association of 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.]
1[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.]
1. Subs. by the A.O. 1950,
for the original section.
15. [Definition
of “British India-. [Rep. By the A.O. 1937.]
16. “Government of
India”. —[ Rep. By the A.O. 1937.]
1[17. “Government”.- The word “Government” denotes the Central Government or the Government of a 2[***] State.]
1. Subs. by the
A.O.1950, for the original section.
2. The words and letter
“Part A” omitted by Act 3 of 1951, sec.3 and sch.
1[18.
“India.- “India” means the territory of India
excluding the State of Jammu and Kashmir.]
1. Subs. by Act 3 of
1951, sec.3 and sch., for the former section which was ins. by the A.O. 1950.
The original section 18 was rep, by the A.O. 1937.
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, is 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 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 1[ Regulation VII, 1816, of
the Madras Code, having power to try and determine suits, is a Court of
Justice.
1. Rep. by the Madras
Civil Courts Act, 1873 (3 of 1873).
21. “Public Servant”.- The words “public servant” denote a person falling under any of the descriptions
hereinafter following namely: -
1[* ****]
Second.- Every Commissioned Officer in the Military,
2[Naval or Air] Forces 3[of India];
4[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 function;]
Fourth.- Every officer of a Court of
justice 5[(including a liquidator, receiver or commissioner)] whose duty it s, 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;
Eight.-Every officer of 6[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 extend any property on behalf of 6[the Government], or to make
any survey, assessment or contract on behalf of the 6[the Government], or to
execute any revenue process, or to investigate, or to report, on any matter
affecting the pecuniary interests of 7[the Government], or to
make, authenticate or keep any document relating to the pecuniary interests of 6[the Government], or to
prevent the infraction of any law for the protection of the pecuniary interests
of 6[the Government] 7[***];.
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;
8[Eleventh.- Every persons 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; ]
9[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.
8[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.]
10[***]
1. Clause First omitted
by the A.O. 1950.
2. Subs. by Act 10 of
1927, s. 2 and Sch. I, for “or Naval”.
3. 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 A.O. 1950 to
read as above.
4. Subs by Act 40 of 1964, s. 2, for the former clause.
5. Ins. by Act 40 of
1964, sec. 2.
6. Subs. by the A.O.
1950, for “the Crown” which had been subs. by the A. O.1937, for “Government”.
7. Certain words omitted by Act 40 of 1964, sec.2.
8. Ins. by Act 39 of 1920, sec.2.
9. Subs. by the Act 40 of 1964, sec.2 for the former clause
10. Ins. by Act 39 of
1920, Sec.
STATE AMENDMENT
State of
Rajasthan:-
In Section 21 of the Indian
Penal Code, 1860 (Central Act 45 of 1860), in its application to the State of
Rajasthan, 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 recognized 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,
1993 4 of 1993, Sec. 2 (w.e.f.
11-2-1993)].
22. “Moveable
property”.- The words “moveable
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 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 practice deception, or knowing it to be likely that deception will thereby be practiced.
1[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 practice deception or knew
it to be likely that deception would thereby be practiced.]
1. Subs. by Act 1 of
1889, s. 9, for the original Explanation.
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 no.
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 man or plan which is
intended to be used or which may be used as evidence, 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.
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 whereby any person acknowledges that the 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 as series of omissions as a single omission.
1[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.]
1. Subs. by Act 27 of
1870, sec. I, for the original section.
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 be 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-operates 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, alternately 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.
1[40 “Offence”:--Except in the 2[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, 3[Chapter V A] and in the following
sections, namely Sections 4[64,
65, 66, 5[67],
71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221,
222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the
words “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.]
1. Subs. by Act 27 of
1870, sec.1, for the original section.
2. Subs. by Act 8 of 1930,
sec.2 and sch. I, for “Chapter”.
3. Ins. by Act 8 of
1913, sec.2.
4. Ins. by Act 8 of
1882, sec.1.
5. Ins. by Act 10 of
1886, sec.21(1).
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 1[2[***]3 [India]].
1. Subs. by the
A.O.1948, for “British India”.
2. The words “the
territories comprised in” omitted by Act 48 of 1952, sec.3 and sch. II.
3. Subs. by Act 3 of
1951, sec.3 and sch., for the “the States” which had been subs. by the
A.O.1950, for “ the Provinces”.
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.
1[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 of 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.]
1. Ins. by Act 8 of
1942, sec.2.
CHAPTER
III
OF
PUNISHMENTS
53. Punishment:
- 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. Subs. by Act 26 of 1955,
sec.117 and sch., for “Secondly—Transportation” (w.e.f. 1-1-1956).
2. Clause “Thirdly”
omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).
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.}
1. Subs. by Act 36 of
1957, sec.3. and sch. II, for “1954”.
2. Subs. by Act 36 of
1957, sec.3 Schedule. II, for “1954”.
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.
1. 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”.
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. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation” (w.e.f. 1-1-1956).
2. 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”.
1[55A. Definition of “appropriate Government”: -In
sections fifty-four and fifty-five the expression “appropriate Government”
means, --
(a) In case 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 case 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.]
1. Subs. by the A.O.1950,
for section 55A which had been ins. by the A.O.1937.
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, 1[imprisonment] for life shall be reckoned
as equivalent to 1[imprisonment]
for twenty years.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation” (w.e.f. 1-1-1956).
58. [Offenders
sentenced to transportation how dealt with until transported.-[ Rep. by the Code of
Criminal Procedure (Amendment) Act, 1955 (26 of 1955), see. 117and Sch. (w.e.f.
1-1-1956).
59. [Transportation
instead of imprisonment.] [ Rep. by the Code of Criminal procedure(Amendment) Act, 1955(26 0f
1955), s. 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 (16of 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, 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, which imprisonment to which he may have been sentenced or to which he may
be liable under a commutation of a sentence.
1. Subs. by Act 8 of 1882, sec.2 for “In every case in which an
offender is sentenced to a fine”.
2. Ins. by Act 10 of
1886, sec.21(2).
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 terms not exceeding two months when the amount of the fine shall not
exceed fifty rupees, and for any terms 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.
1. Ins. by Act 8 of
1882, sec.3.
68. Imprisonment
to terminate on payment of fine:-- The imprisonment which is imposed in default of
payment of a fine shall terminate when ever 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 month’
imprisonment in default of payment. Here, if seventy-five rupees of the fine be
paid or levied before the expiation 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
levied within six years, or during imprisonment— Death not to discharge
property from liability: - The fine, or any part thereof which remains unpaid, may e 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 then the Court which tries him could
award for any one 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 imprisonment 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.
1. Added by Act 8 of
1882, sec.4.
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.
1. Subs. by Act 8 of
1882, sec. 5, for “be less than a”.
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.]
1. Subs. by Act 3 of
1910, sec. 2, for the original section.
2. The words “British of
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.
3. The word “or” at the
end of clause (a) and clause (b) omitted by Act 3 of 1951, sec. 3 and sch.
4. Subs by Act 26 of 1955,
sec.117 and sch., for “Transportation for life” (w.e.f. 1-1-1956).
CHAPTER IV
GENERAL
EXCEPTIONS
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 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 person 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, it if 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 a 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 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 of 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 of
grievous hurt, or the curing of any grievous disease of 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:
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 on 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 not 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
housetop, 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.
Of the Right of Private Defence
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
for 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. Act against
which there is no right of private defence: - There is no right of private defence
against an act which does not reasonable 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 reasonable 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 to private defence
in no case extends to the inflicting of more harm that 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 of 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
State of Karnataka
(1)
In Clause Thirdly, -
(i)
After the words “mischief by fire”,
the words “or any explosive substance” shall be inserted;
(ii) After
the words “as a human dwelling, or” insert the words “ as a place of worship,
or”.
(2)
After Clause Fourthly, the following
clause shall be inserted, 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 fro the carriage of passengers for hire or reward”.
[Vide Karnataka Act No. 8 of
1972, Section 2, (w.e.f. 7-10-1972)].
State of
“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 No. 19
of 1971, Section 26, (w.e.f. 31-12-1971)].
State of “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 Government or
(b) Any railway as defined in clause (4) of
Section 3 or the Indian railway 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
U.P. Act No. 29 of 1970, Section 2 (w.e.f. 17-7-1970)].
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 of 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 or
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.
CHAPTER
V
OF ABETMENTS
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.
Explanation1:- 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, willfully 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 facilitates 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 of 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 be that act.
Explanation 2: - To constitute the
offence of abetment it is not necessary that the act abetted should be
committed, or that 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 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 committed 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 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.
A concert 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 as offence within the
meaning of this in 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.]
1. Added by Act 4 of
1898, sec. 3.
2. 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.
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.
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 then 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.
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 be 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, cause 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.
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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.e.f. 1-1-1956).
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 the
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 s 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.
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.
118. Concealing
design to commit offence punishable with death or imprisonment for life:-Whoever intending to
facilitate or knowing it to be likely that be will thereby facilitate the
commission of an offence punishable with death or 1[imprisonment for life],
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 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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.e.f. 1-1-1956).
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;
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—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 1[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-half 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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.e.f. 1-1-1956).
120. Concealing
design to commit offence punishable with imprisonment: -Whoever, intending to
facilitate or knowing it to be likely that be 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.
1[CHAPTER VA
CRIMINAL
CONSPIRACY
1. Ins. by Act 8 of
1913, sec. 3.
120A. Definition of criminal conspiracy: - When two or
more person 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 fro the punishment of such a conspiracy, be
punished in the same 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.]
1. Ins. by Act 8 of
1913, sec. 3.
2. Subs. by
Act 26 of 1955, sec.117 and sch., for “Transportation for life”
(w.e.f.1-1-1956).
CHAPTER VI
OF OFFENCES
AGAINST THE STATE
121. Waging,
or attempting to wage war, or abetting waging of war, against the Government of
India:-
Whoever wages war against the 1[Government
of India], or attempts to wage such war, or abets the waging of such war, shall
be punished with death, or 2
[imprisonment for life] 3[and
shall also be liable to fine].
4[Illustration]
5[***] A joins an
insurrection against the 6[Government
of India]. A has committed the offence defined in this section.
1. Subs. by the A.O.
1950, for “Queen”.
2. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.ef.1-1-1956).
3. Subs. by Act 16 of
1921, sec.2. for “and shall forfeit all his property”.
4. Subs. by Act 36 of
1957, sec.3 and sch. II, for “Illustrations”.
5. The brackets and
letter “a” omitted by Act 36 of 1957, sec.3 and sch. II.
6. Subs. by the A.O.
1950, for “Queen”.
1[121A Conspiracy to
commit offences punishable by section 121: - Whoever within or
without 2[India] conspires to
commit any of the offences punishable by Section 121, 3[***] or conspires to overawe, by means of
criminal force or the show of criminal force, 4[the
Central Government or any 5[State]
Government 6[***], shall be
punished with 7[imprisonment
for life], or with imprisonment of either description which may extend to ten
years, 8[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 take place in pursuance thereof.]
1. Ins. by Act 27 of
1870, s. 4.
2. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
s.3 and Sch. to read as above.
3. The words “or to
deprive the Queen of the sovereignty of the Provinces or of any part thereof’
omitted by the A.O. 1950.
4. Subs. by the A.O.
1937, for “the G. of I, of any L.G.”.
5. Subs. by the A.O.
1950, for “Provincial”.
6. The words “or the
Government of Burma” omitted by the A.O. 1948.
7. Subs. by the Act 26
of 1955, s. 117 and Sch., for “transportation for life or any shorter term”
(w.e.f. 1-1-1956).
8. Ins. by Act 16 of 1921, s. 3, for “and shall forfeit all his
property”.
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 1[Government of India], shall be punished
with 2[imprisonment for life]
or imprisonment of either description for a term not exceeding ten years, 3[and shall also be liable to fine].
1. Subs. by the
A.O.1950, for “Queen”.
2. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life or any shorter term”
(w.e.f. 1-1-1956).
3. Ins. by Act 16 of
1921, sec.3, for “and shall forfeit all his property”.
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 1[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.
1. Subs. by A.O. 1950,
for “Queen”.
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 1[President] of India, or the 2[Governor 3[* *
*]] or any 4[State], 5[*
* *] 6[* * *
] 7[* * *] to exercise or
refrain from exercising in any manner any of the lawful powers of such 8[President or 2[Governor 3[* *
*]],
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 8[President or 2[Governor 3[* *
*]],
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. Subs. by the A.O. 1950,
for “Governor General”.
2. Subs. by Act 3 of
1951, sec.3 and sch., for “Governor”.
3. The words “or
Rajpramukh” omitted by the A.O.1956.
4. Subs. by the
A.O.1950, for “Province” Which had been subs. by the A.O.1937, for
“Presidency”.
5. The words “or a
Lieutenant-Governor” omitted by the A.O.1937.
6. The words “or a
member of the Council of the Governor General of India” omitted by the A.O.
1948.
7. The words “or of the
Council of any Presidency” omitted by the A.O.1937.
8. The original words
“Governor General, Governor, Lieutenant-Governor or Member of Council” have
successively been amended by the A.O. 1937, the A.O.1948 and the A.O. 1950 to
read as above.
1[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. 2[* *
*] the Government established by law in 3[India],
4[* * *] shall be punished
with 5[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 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.
1. Subs. by Act 4 of
1898, s. 4, for the original s. 124A which had been ins. by Act 27 of 1870, s.
5.
2. The words “Her
Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative
inserted after the word “Majesty” by the A.O. 1937 were omitted by the A.O.
1948.
3. 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.
4. The words “or
“British India” ins. by the A.O.1937 omitted by the A.O.1948.
5. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life or any shorter term”
(w.e.f.1-1-1956).
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.
1. Subs. by the A.O.
1950, for “Queen”.
2. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation
for life” (w.e.f. 1-1-1956).
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.
1. Subs. by the A.O.
1950, for “Queen”.
127. Receiving
Property taken by war on depredation mention in Sections 125 and 126: - whoever receives any
property knowing the same to have been taken in the 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 voluntary 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.
1. Subs. by Act 26 of 1955, see 117 and Sch., for “transportation
for life” (w.e.f. 1956).
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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1- 1956).
2. 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.
CHAPTER
VII
OF
OFFENCES RELATING TO THE ARMY, 1[NAVY AND AIR
FORCE]
1. Subs. by Act 10 of
1927, sec.2 and sch. I, for “and Navy”.
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, 1[sailor
or airman], in the Army, 2[navy
or Air Force] of the 3[Government
of India] or attempts to seduce any such officer, soldier, 4[sailor or airman] from his allegiance or
his duty, shall be punished with 5[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.
6[Explanation—In this section
the words “officer”, 7[“soldier”],
8[“sailor”] and “airman”]
include any person subject to the 9
[Army Act,] 10 [the Army Act,
1950]], (46 of 19500, 7 [the
Naval Discipline Act, 11[* * *] the 12[ Indian Navy (Discipline) Act, 1934], (34
of 1934)], 13[the Air force
Act or 14[the
Air Force Act, 1950 (45 or 1950)]], as the case may be]].
1. Subs. by Act 10 of 1927,
sec.2 and sch. for “ or Sailor”.
2. Subs. by Act 10 of
1927, sec.2 and sch. I, for “or Navy”.
3. Subs. by the
A.O.1950, for “Queen”.
4. Subs. by Act 10 of
1927, sec.2 and sch. I, for “or Sailor”.
5. Subs by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1-1956).
6. Ins. by Act 27 of
1870, sec. 6.
7. Subs. by Act 10 of
1927, sec. 2 and sch. I, for “and Soldier”.
8. Ins. by Act 35 of
1934, sec. 2. and sch.
9. 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”.
10. Subs. by Act 3 of
1951, sec.3 and sch. for “the Indian Army Act,1911”.
11. The words “or that Act
as modified by” omitted by the A.O.1950.
12. Now see the Navy Act,
1957 (62 of 1957).
13. Subs. by Act 14 of
1932, sec.130 and sch., for “or the Air Force Act”.
14. Subs. by Act 3 of
1956, sec. And sch., for “the Indian Air Force Act, 1932”.
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.
1. Subs. by Act 10 of
1927, s. 2 and Sch. I, for “or Sailor”.
2. Subs. by Act 10 of
1927, sec.2 and Sch. I, for “or Navy”.
3. Subs. by the A.O.
1950, for “Queen”.
4. Subs. by Act 26 of
1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
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 office, 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.
1. Subs. by Act 10 of
1927, sec.2 and Sch. I, for “or Sailor”.
2. Subs. by Act 10 of
1927, sec.2 and Sch. I, for “or Navy”.
3. Subs. by the A.
O.1950, for “Queen”.
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.
1. Subs. by Act 10 of
1927, s. 2 and Sch. I, for “or sailor”.
2. Subs. by ibid., s. 2
and Sch. I, for “or Navy”.
3. Subs. by the A.O.
1950, for “Queen”.
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.
1. Subs. by Act 10 of
1927, sec.2 and Sch.I, for “or Sailor”.
2. Subs. by Act 10 of
1927, sec.2 and Sch.I, for “or Navy”.
3. Subs. by the
A.O.1950, for “Queen”.
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 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.
1. Subs. by Act 10 of
1927, sec.2 and sch.I, for “or Sailor”.
2. Subs. by Act 10 of
1927, sec.2.and sch.I, for “or Navy”.
3. Subs by the A.O.1950,
for “Queen”.
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.
1. Subs. by Act 10 of
1927, s. 2 and Sch. I, for “or Navy”.
2. Subs. by the A.O.
1950, for “Queen”.
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.
1. Subs. by Act 10 of
1927, sec.2 and sch.I for “or Sailor”.
2. Subs. by Act 10 of
1927, sec.2 and sch.I, for “or Navy”.
3. Subs. by the
A.O.1950, for “Queen”.
1[138A. [Application of
foregoing sections to the Indian Marine Service.] [Rep. by the
Amending Act, 1934 (35 of 1934), s. 2 and Sch.].]
1. Ins. by Act 14 of
1887, sec.79.
139. Persons
subject to certain Acts:- No person subject to 1[the
Army Act, 2[the Army Act, 1950
(46 of 1950)], the Naval discipline Act, 3[4[*
* *] 5[the Indian
Navy (Discipline) Act, 1934 (34 of 1934)], 6[the
Air Force Act or 7[the Air
Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code for
any of the offences defined in this Chapter.
1. 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 of Navy”.
2. Subs. by Act 3 of
1951, sec.3 and sch. for “the Indian Army Act, 1911”.
3. Ins. by Act 35 of
1934, sec.2 and sch.
4. The words “or that
Act as modified” omitted by the A.O.1950.
5. Now see the Navy
Act,1957 (62 of 1957).
6. Subs. by Act 14 of
1932, sec.130 and sch. for “or the Air Force Act”.
7. Subs. by Act 3 of 1951, sec.3 and sch. for “the Indian Air
Force Act, 1932”.
140. Wearing
garb or carrying token used by soldier, sailor or airman: - Whoever, not being a
soldier, 1[sailor or airman]
in the Military, 2[Naval or
Air] service of the 3[Government
of India], wears any garb or carries any token resembling any garb or token
used by such a soldier, 1[sailor
or airman] with the intention that it may be believed that he is such a
soldier, 1[sailor or airman],
shall be punished with imprisonment of either description for a term which may
extend to three month, or with fine which may extend to five hundred rupees, or
with both
1. Subs. by Act 10 0f
1927, s. 2 and Sch. I, for “sailor”.
2. Subs. by ibid., s. 2
and Sch. I, for “or Navy”.
3. Subs. by the A.O.
1950, for ”Queen”.
CHAPTER
VIII
OF
OFFENCES AGAINST THE PUBLIC TRANQUILLITY
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 of 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.
1. Subs. by The A.O.1950
for “Central or any Provincial Government or Legislature”.
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 month, 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 or 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 or 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 with 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
punishable 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 of 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, imprisonment of either description for a term which may extend to
six months, or with fine, or with both.
1[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 or 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 tranquility, 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 of
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.]
1. Subs. by Act 35 of
1969, s. 2, for the former section.
2. Ins. by Act 31 of
1972, s. 2.
1[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 or their being members of any religious,
racial, language or regional group or caste or community, bear true faith and
allegiance to 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 or 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 of community, and such assertion, counsel, pleas 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 be liable to fine.]
1. Ins. by Act 31 of
1972, sec. 2.
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 there from, such person shall be punishable
with fine, if he or his agent of manage, 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 of 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 or nay dispute which gave rise to the
riot, or who has accepted or derived any benefit there from,
The agent or manager or 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.
CHAPTER
IX
OF
OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161 TO 165A: - [Rep. by the Prevention of Corruption
Act, 1988 (49 or 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 farming an incorrect document with intent to
cause injury: - Whoever, being a public servant, and being, as such
public servant, charged with the preparation or translation of any document,
frames or translates that document 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
grab or carrying token used by public servant with fraudulent intent: - Whoever, not belonging to
a certain class of public servants, wear any grab or carries any token
resembling any grab 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.
1[CHAPTER IXA]
OF
OFFENCES RELATING TO ELECTIONS
1. Chapter IXA ins. by
Act 39 of 1920, sec. 2.
171A. “Candidate”,
“Electoral right” defined: -- For the purposes of this Chapter—
1[(a) “Candidate” means a person
who has been nominated as a candidate at any 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 form voting at an election.
1. Subs. by Act 40 of
1975, sec. 9, for clause (a).
(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.
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.
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.
171E. Punishment for bribery: --Whoever commits the
offence of bribery shall be punished with imprisonment of either description
for a term which may be 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.
171F. Punishment for undue influence or personation at an election:
-- Whoever commits the offence of undue influence of 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.
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.
171H. Illegal payments in connection with an election:
-- Whoever without the general or special authority in writing of a candidate
incurs or authorizes 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.
171I. 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.]
CHAPTER X
OF CONTEMPTS OF
THE LAWFUL AUTHORITY
OF PUBLIC
SERVANTS
172. Absconding to avoid service of summons or other proceeding:
-- Whoever absconds in order to avoid being served with a summons, notice or order,
proceeding form any public servant legally competent, as such public servant,
to issue such summons, notice or order, 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 or notice or order
is to attend in person or by agent, or to produce a document 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.
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 to produce a
document in a Court of Justice, with simple imprisonment for a term which may
extend to six month, or with fine which may extend to one thousand rupees or
with both.
174. Non-attendance
in obedience to an order form 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 of time, or departs form 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 of
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 2[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. Subs. by the
A.O.1950, for “Supreme Court”.
2. Subs. by the
A.O.1950. for “Zila Judge”.
175. Omission
to produce document to public servant by person legally bound to produce it: - Whoever, being legally
bound to produce or deliver up any document to 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 document 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 1[District
Court], intentionally omits to produce the same. A has committed the offence
defined in this section.
1. Subs. by the A.O.1950, for “Zila Court”.
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 or 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 month, or with fine which may extend to one thousand
rupees, or with both;
1[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.]
1. Added by Act 22 of
1939, sec. 2.
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, willfully 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 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, willfully 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], 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.]
1. Rep. by Act 17 of 1862.
2. Added by Act 3 of 1894.
3. 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.
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.
1. Ins. by Act 10 of
1873, sec. 15.
179. Refusing
to answer public servant authorized 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 authorized 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 1[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.
1. Ins. by Act 10 of
1873, sec. 15.
1[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 the 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 month, 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.]
1. Subs. by
Act 3 of 1895, sec. I, for the original 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 to
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 to tender to cause obstruction, annoyance or injury, or risk of
obstruction, annoyance of injury, to any persons 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.
CHAPTER XI
OF
FALSE EVIDENCE AND OFFENCES
AGAINST
PUBLIC JUSTICE
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 believed to be a true interpretation or translation. A
has given in false evidence.
192. Fabricating false evidence: - Whoever causes any
circumstance to exist or makes any false entry in any book or record, or makes
nay document 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. A 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.
1. The words “or before
a Military Court of Request” rep. by Act 13 of 1889. sec. 2 and such.
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.
1. Subs. by the A.
O.1948, for “by the Law of British India or England”.
2. Subs. by Act 3 of
1951, sec. 3 and sch., for “the States”.
3. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1-1956).
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 4[imprisonment for life] or imprisonment,
with or without fine.
1. Subs. by the A. O.1948,
for “by the Law of British India or England”.
2. Sub. by Act 3 of
1951, sec. 3 and Sch., for “the States”.
3. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
4. Subs. by Act 26 of
1955, sec.117 and sch., for “such transportation” (w.e.f. 1-1-1956).
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 authorized 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 fro 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.
1. Subs. by Act 26 of
1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
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 year, 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.]
1. Added by Act 3 of 1894, sec.6.
2.
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.
204. Destruction
of document to prevent its production as evidence: - Whoever secretes or destroys
any document 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 obligates or renders illegible the whole or any part of such document
with the intention of prevention 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 punishable 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 a 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 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 suffer 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
that is due to such person or for any property or interest or property to which
such person is not entitled, or fraudulently causes or suffers a decree 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.
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 office under this
section.
209. Dishonestly making
false claim in Court: - Whoever fraudulently or dishonestly, or with intent to injure or 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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
212. Hrbouring offender: - Whenever an offence has been
committed, whoever harbours or conceals a person whom he knows or has reasons 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 also liable to fine.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
2. Ins. by Act 3 of
1894, sec.7.
3. 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. 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 1[imprisonment
not exceeding to ten], or with 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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
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, 1[restores or causes the restoration of] any
property to any person, in consideration of that person’s concealing an
offence, or of his screening my 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 2[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 exceeding 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[Explanation:- The provisions of sections 213 and 214 do
not extend to any case in which the offence may lawfully be compounded.]
4 [* * *]
1. Subs. by Act 42 of
1953, sec. 4 and Sch. III, for “to restore or cause the restoration”.
2. Subs. by Act 26 of
1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).
3. Subs. by Act 8 of 1882, sec. 6, for the original Exception.
4. Illustrations rep. By
Act 10 of 1882, sec, 2 and sch.I.
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 which 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 with 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
imprisonment provided for the 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 he case in
which the harbour or concealment is by the husband or wife of the person to be
apprehended.
1. Subs. by Act 26 of
1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).
2. Ins. by Act 10 of
1886, sec. 23.
3. 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.
4. The words “or under the Fugitive Offenders Act, 1881,” omitted
by Act 3 of 1951, sec.3 and sch.
1[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.]
1. Ins. by Act 3 of
1894, sec. 8.
2. 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.
1[216B. Definition
of “harbour” in sections 212, 216 and 216A - [Rep. by the Indian Penal Code (Amendment)
Act, 1942 (8 of 1942), sec. 3.]]
1. Ins. by Act 3 of
1894, sec.8.
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 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 legal authority to commit persons for trial or
to commitment, 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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956 ).
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 of 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 3[imprisonment
for life] 4[***] 5[***] 6[***]
7[***] or imprisonment for a
term of ten years or upwards; or
With imprisonment of either description
for a term which may extend to two 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 8[or if the person was
lawfully committed to custody].
1. Ins. by Act 27 of 1870, sec. 8.
2. Subs. Act 26 of 1955, Sec. 117 and Sch., for “transportation
for life” (w.e.f. 1.1.1956).
3. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956.)
4. The words “or penal
servitude for life” omitted by Act 17 of 1949, sec.2 (w.e.f. 6-4-1949).
5. The words “or to”
omitted by Act 36 of 1957, sec.3 and sch.II.
6. The word
“transportation” omitted by Act 26 of 1955, sec.117 and sch.(w.e.f. 1-1-1956).
7. The words “or penal
servitude” omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).
8. Ins. by Act 27
of 1870, sec.8.
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.
1. Ins. by Act 27 of
1870, sec. 8.
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 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
1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation
for life” (w.e.f. 1-1- 1956).
2. The words “or to”
omitted by Act of 36 of 1957, sec.3 and sch.II.
3. The word
“transportation” omitted by Act 26 of 1955, sec.117 and sch.(w.e.f.1-1-1956).
4. The words “penal
servitude” omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).
1[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 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.
1. 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.
225B. Resistant or obstruction
to lawful apprehension, or rescue in cases not otherwise provided for: - Whoever,
in any case not provided for in section 224 or 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 escape 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, 1995 (26 of 1995), 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.
1[228A. Disclosure of
identity of the victim of certain offences etc.: -
(1) Whoever
prints or publishers 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 authorization in writing
of, the victim; or
(c) Where the victim is dead or minor or of
unsound mind, by, or with the authorization in writing of, the next of kin of
the victim:
Provided that no such
authorization shall be given by the next of kin to anybody other than the
chairman or the secretary, by whatever name called, of any recognized welfare
institution or organization.
Explanation:- For the
purpose of this section, “recognized welfare institution or organization” means
a social welfare institution or organization recognized 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.]
1. Ins. by Act 43 of
1983, sec.2.
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.
CHAPTER XII
OF OFFENCEES
RELATING TO COIN
AND GOVERNMENT
STAMPS
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 Indian 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.]
Illustration
(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].
4[(e) The “Farukhabad rupee”
which was formerly used as money under the authority of the Government of India
is 3[Indian coin] although it
is no longer so used].
1. Subs. by Act 19 of
1872, sec.1, for the original first paragraph.
2. Subs. by A.O.1950,
for the former paragraph.
3. Subs. by A.O.1950,
for “the Queen’s Coin”.
4. Ins. by Act 6 of 1896, sec.1.
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 practice deception, or knowing it to be
likely that deception will thereby be practiced, 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 extent to ten years,
and shall also be liable to fine.
1. Subs. by the A.O. 1950, for “the Queen’s coin”.
2. Subs. by Act 26 of
1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).
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.
1. Subs. by the
A.O.1950, for “the Queen’s Coin”.
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.
1. Subs. by the
A.O.1950, for “the Queen’s Coin”.
236. Abetting
in India the counterfeiting out of India of coin:- Whoever, being within 1[India],
abets the counterfeiting of coin out of 1[India],
shall be punished in the same manner as if he abetted the counterfeiting of
such coin within 1[India].
1. 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.
237. Import
or export of counterfeit coin:- Whoever imports into 1[India],or exports there from, 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.
1. 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.
238. Import
or export of counterfeits of the India coin:- Whoever imports into 1[India],
or exports there from any counterfeit coin, which he knows or has reason to
believe to be a counterfeit of 2[India
coin], shall be punished with imprisonment with 3[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. 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.
2. Subs. by the
A.O.1950, for “Queen’s Coin”.
3. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation
for life” (w.e.f. 1-1-1956).
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 2[Indian coin], fraudulently or with intent
that 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.
1. 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.
2. Subs. by the A.O.
1950, for “Queen’s coin”.
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 good 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 his 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
possess 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.
1. Subs. by the A.O.
1950, for “the Queen’s coin”.
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.
1. 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. 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.
1. 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.
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.
1. Subs. by the A.O.1950
for “any of the Queen’s Coin”.
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 India 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.
1. Subs. by the A.
O.1950, for “any of the Queen’s Coin”.
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, 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 possess, 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.
1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation
for life” (w.e.f. 1.1.1956).
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 dispose 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
the 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 a s 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 of 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, erase 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 sell 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.
1[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.]
1. Ins. by Act 3 of 1895, sec. 2.
2.
Subs. by Act 42 of 1953, sec.4 and
sch. III, for “may be seized and”.
CHAPTER XIII
OF OFFENCES
RELATING TO WEIGHTS AND MEASURES
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 or
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 nay false weight or
false measure of length or capacity, or fraudulently uses any weight or any
measure of length or capacity as different weight or measure form 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.
1. The word “and”
omitted by Act 42 of 1953, sec.4 and sch.III.
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 of 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.
CHAPTER XIV
OF OFFENCES
AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
268. Public
nuisance:--A
person is guilty of a public nuisance who does not 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 month, 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.
1. Subs. by the A.O. 1937, for “by the G. of I., or by any
Government”.
2. The words “Central or any Provincial” omitted by the A.O. 1950.
3. The words “or the
Crown Representative” omitted by the
A.O. 1948.
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.
STATE AMENDMENTS
State of Uttar
Pradesh: --
In Sections 272, 273, 274,
275 and 276 for the words “shall be punished with imprisonment or either
description for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both” the following shall be substituted,
namely: -
“Shall be punished with
imprisonment for life and shall also be liable to fine:
Provided that the Court may,
for adequate reason to be mentioned in the judgment, impose a sentence of
imprisonment which is less than imprisonment for life.”
[Vide:
U.P. Act No. 47 of 1975].
State of West
Bengal:
In its application to the
State of West Bengal in Sections 272, 273, 274, 275 and 276 for the words “of
either description for a term which may extend to six month, or with fine which
may extend to one thousand rupees, or with both” the following shall be
substituted, namely: -
“For life with or without
fine:
Provided that the Court may,
for adequate and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment which is less than imprisonment for life.”
[Vide W.B. Act No. 42 of
1973 (w.e.f. 29-4-1973)].
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 as loaded as to endanger the life of that person ,
shall be punished with imprisonment or 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.
1[292. Sale, etc., or
obscene books, etc.: -
2[(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 persons who are
likely, having regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it.]
3[(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 4[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].
5[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 of 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 or 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.]]
STATE AMENDMENTS
State of Orissa;
Same as in Tamil Nadu [Vide
Orissa Act No. 13 of 1962]
State of Tamil
Nadu:
In Section 292 the words
“shall be punished with imprisonment of either description for a term which may
extend to three months or with fine or with both” substitute the following,
namely: --
“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 for a second or
any subsequent offence under this section, he shall be punished with
imprisonment of either description for a term which shall not bee less than six
months and not more than two years and with fine.”
[Vide T.N. Act No. 25 of
1960]
State of Orissa:
Section 292A
Same as in Tamil Nadu [Vide
Orissa Act No. 13 of 1962]
State of Tamil
Nadu:
Add after Section 292 the
following new section namely: -
1. Subs. by Act 8 of 1925, s. 2, for the original section.
2. Ins. by Act 36 of 1969, s. 2.
3. S. 292 renumbered as sub-section (2) of that section by Act 36 of
1969, s. 2..
4. Subs. by Act 36 of
1969, sec.2, by certain words.
5. Subs. by Act 36 of
1969, sec.2 for Exception
292A. Printing etc. of grossly indecent or
scurrilous matter or matter intended for blackmail: -Whoever, -
(a) Prints or causes to be printed in any
newspaper, periodical or circular, or exhibits or causes to be exhibited, to
public view or distributes or causes to be distributed or in any manner puts into
circulation any picture or any printed or written document which is grossly
indecent, or in scurrilous or intended for blackmail, or
(b) Sells or lets for hire, or for purposes of
sale or hire makes, produces or has
in his possession, any picture or any printed or written document which is
grossly indecent or is scurrilous or intended for blackmail; or
(c)
Conveys any picture or any printed or
written document which is grossly indecent or is scurrilous or intended for
blackmail knowing or having reason to believe that such picture or document
will be printed, sold, let for hire distributed or publicly exhibited or in any
manner put into circulation; or
(d) Takes part in, or receives profits from,
any business in the course of which he knows or has reason to believe that any
such newspaper, periodical, circular, picture or other printed or written
document is printed, exhibited, distributed, circulated, sold, let for hire,
made, produced, kept, conveyed or purchased; or
(e)
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 newspaper, periodical,
circular, picture or other printed or written document which is grossly
indecent or is scurrilous or intended for blackmail, can be procured from or
through any person; or
(f) Offers or attempts to do any act which is
an offence under this section *[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 for a second
or any subsequent offence under this section, he shall be punished with
imprisonment of either description for a term which shall not be less than six
months *[and not more than two years].
Explanation I—For the
purposes of this section, the word scurrilous shall be deemed to include any
matter which is likely to be injurious to morality or is calculated to injure
any person:
Provided that it is not
scurrilous to express in good faith anything whatever respecting the conduct
of—
(i) 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; or
(ii) Any person touching any public question,
and respecting his character, so far as his character appears in that conduct
and no further.
Explanation II—In deciding
whether any person has committed an offence under this section, the Court shall
have regard inter alia, to the following considerations-
(a) The general character of the person
charged, and where relevant the nature of his business;
(b) The general character and dominant effect
of the matter alleged to be grossly indecent or scurrilous or intended for
blackmail;
(c) Any evidence offered or called by or on
behalf of the accused person as to his intention in committing any of the acts
specified in this section.
[Vide T.N. Act No. 25 of
1960]
*Subs. by T.N. Act No.30 of 1984
*. Ins. by T.N. Act No.
30 of 1984.
1[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].]
1. Subs. by Act 8 of
1925, sec.2, for the original section.
2. Subs. by Act 36 of 1969, sec.2 for certain words.
STATE AMENDMENTS
State of Orissa :
Same as in Tamil Nadu [Vide
Orissa Act No.13 of 1962].
State of Tamil
Nadu:
In Section 293—
(a) For the words “any such obscene object as
is referred to in the last preceding section” the words, figures and letter “any
such obscene object as is referred to in Section 292 or any such newspaper,
periodical, circular, picture or other printed or written document as is
referred to in Section 292-A” shall be substituted;
(b) For the words “which may extend to six
months” the words “which may extend to three years” shall be substituted;
(c) In the marginal note, after the words
“obscene objects” the words “any grossly indecent or scurrilous matter intended
for blackmail shall be inserted.”
[Vide T.N. Act No. 25 of
1960].
1[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,
balled 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.]
1. Subs. by Act 3 of
1895, sec.3 for the original section.
1[294A. Keeping lottery
office: -Whoever keeps any office or place for the purpose of drawing
nay lottery 2[not
being 3[a State lottery] or a
lottery authorized 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 of figure in any such
lottery, shall be punished with fine which may extend to one thousand rupees.]
STATE AMENDMENTS
State of Andhra
Pradesh:
In
Andhra Pradesh, Section 294-A repealed.
[Vide Andhra Pradesh Act No.
16 of 1968, Section 27.]
State of Gujrat:
In
Gujarat, Section 294-A repealed
[Vide Bombay Act No. 82 of
1958].
State of
Karnataka:
In
Karnataka area except Bellary District Section 294-A repealed
[Vide Kar. Act No. 27 of
1957]
State of
Maharashtra:
In
Maharashtra, Section 294-A repealed.
[Vide Bombay Act No. 82 of
1958].
1. Ins. by Act 27 of
1870, sec. 10.
2. Subs. by the A. O.
1937, for “not authorized by Government”.
3. Subs. by Act 3 of
1951, sec.3 and sch., for “a lottery organized by the Central Government or the
Government of a Part B State”.
4. Subs. by the
A.O.1950, for “Provincial”.
CHAPTER XV
OF OFFENCES
RELATING TO RELIGION
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 a insult to their religion, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
1[295A. Deliberate and
malicious acts, intended to outrage religious feelings or any class by
insulting its religion or religious beliefs: -- Whoever, with
deliberate and malicious intention of outraging the religious feelings of any
class of 2[citizens of India], 3[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.]
1. Ins. by Act 25 of
1927, s. 2.
2. Subs. by the A.O.
1950, for “His Majesty’s subjects”.
3. Subs. by Act 41 of
1961, s. 3, for certain words.
4. Subs. by Act 41 of
1961, s. 3, for “two years”.
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 or any
person is likely to be insulted thereby,
Commits any trespass in any
place of worship or on any place of sepulture, 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.
CHAPTER XVI
OF OFFENCES
AFFECTING THE HUMAN BODY
299. Culpable
homicide:
-- Who ever 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 there by 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 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—
2ndly—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—
3rdly—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—
4thly—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 heath, here A, although he may intend to cause bodily injury, is
not guilty of murder, if he d8id 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
connon 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 I—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 provocations 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 provocations 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 murder, inasmuch as the provocation was given by a thing done by a public
servant in the exercise of his powers.
(d)
A appears as a 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
form doing so. A is moved to sudden and violent passion in consequence, and
kills Z. This is murder, inasmuch 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 or 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 offenders
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.
1. Subs.by
Act 26 of 1955, sec. 117and sch. for “transportation for life”(w .e.
f.1.1.1956).
303. Punishment
for murder by life convict:-whoever, being under sentence of 1 [imprisonment for life],commits murder, shall
be punished with death.
1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (W.e.f.1-1-1956).
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,
1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (W.e.f.1-1-1956).
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.
1[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.
Ins. by Act 27 of 1870, sec.12.
(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.]
1.
Ins. by Act 43 of 1986, sec.10
(w.e.f.19-11-1986).
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.
1.
Subs. by Act 26 of 1955, sec.117
and sch., for (transportation for life” (w.e.f. 1-1-1956).
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 or
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 is 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].
Illustrations.
(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 is a desert place. A has committed the
offence defined by this section, though the death of the child does not ensure.
(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.
1.
Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins.
by Act 27 of 1870, sec. 11.
3. Ins. By Act 12 of 1891, sec. 2 and Sch. II.
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 amount 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 be punished with simple imprisonment for term
which may extend to one year 1[
or with fine, or with both].
1. Subs. by Act 8 of 1882,
sec.7, for “and shall also be liable to fine”.
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 thug, shall be punished with 1[imprisonment
for life] and shall also be liable to fine.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
314. Death
caused by act done with intent to cause miscarriage: - whoever, with intent to
cause the miscarriage of woman with child, does any act which causes the death
of such woman, shall be punished with imprisonment of either description for a
term 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.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
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 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.
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, 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 note intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of 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 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 the 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”.
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.
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 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.
1. Subs. by Act
26 of 1955, sec. 117 and sch., for “transportation for life” (w.e.f.1-1-1956).
327. Voluntarily causing hurt to extort property, or to constrained 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 such person, or with intent to commit or to facilitate the commission of an offence or knowing in 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.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
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 valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, 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 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.
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.
333. Voluntarily causing grievous hurt to deter public servant from his duty: - Whoever voluntarily causes grievous 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 ten years, and shall also be liable to fine.
334. Voluntarily causing hurt on provocation: - Whoever voluntarily causes hurt on grave and sudden provocation, if the 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.
1. Ins. by Act 8
of 1882, sec.8.
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 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 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 to 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 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 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.
340. Wrongful confinement. - Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Illustrations
(a) A causes Z to go within a walled space, and locks Z in. A is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines 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 any 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 and 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 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 led 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 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 in 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 reading in a chariot. A lashes Z’s horses, and thereby causes them to quicken there 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 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 in to 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 criminal force by 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 that water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and 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 as 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, 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 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 assault 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, 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.
1. 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.
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 authorized to consent on behalf of that person is said to kidnap that person from 1[India].
1. 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.
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 of 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.
1. Subs. by Act
42 of 1949, sec. 2, for “fourteen”.
2. Subs. by Act
42 of 1949, sec. 2, for “sixteen”.
STATE AMENDMENTS
Union
of Territory of Manipur:
In its application to Union Territory of Manipur, in section 361 for the words ‘eighteen’ substitute the word ‘fifteen’.
[Vide Act No.30 of 1950].
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. 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.
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 can 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 minor, employs or uses such minor for the purpose 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 e extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of nay 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].
1. Ins. by Act 52 of 1959, sec. 2 (w.e.f. 15-1-1960).
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.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
2. 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.
1[364A. Kidnapping for ransom, etc.—Whoever kidnaps or abducts any person or keeps a person in detention of the 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 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 organization 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].
1. Ins. by Act 42
of 1993, sec. 2 (w.e.f. 22-5-1993).
2. Subs. by Act
24 of 1995, for “any other person” (w.e.f. 26-5-1995.
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 she will be, forced or seduced to illicit intercourse with another person shall be punished as aforesaid].
1. Added by Act
20 of 1923, sec. 2.
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. Ins. by Act 20
of 1923, sec. 3.
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.]
1. Ins. by Act 20
of 1923, sec. 3.
2. 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.
3. Ins. by Act 3
of 1951, sec. 3 and Sch.
4. Certain words omitted by Act 3 of 1951,
sec. 3 and Sch.
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 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 dad 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 slave: - Whoever imports, export, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as 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 slave: - Whoever habitually imports, exports, removes, buys, sells, traffics or deals, shall be punished with 1[imprisonment for life]’ or with imprisonment of either description for a term not exceeding the years, and shall also be liable to fine.
1. Subs. by Act
26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
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 sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the 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].
1. Subs. by Act
18 of 1924, sec. 2, for certain words.
2. Ins. by Act 18
of 1924, sec. 3.
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.
2Explanation I- Any prostitute or any person keeping or managing a brothel, who buys 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.
ExplanationII-“Illicit intercourse” has the same meaning as in section 372].
1. Subs. by Act
18 of 1924, sec, 2 for certain words.
2. Ins. by Act 18
of 1924, sec, 4.
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 both.
1[Sexual offences]
1. Subs. by Act
43 of 1983, sec. 3, for the heading “Of rape”.
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 wife, the wife not being under fifteen years of age, is not rape].
1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.
STATE AMENDMENT
Union
Territory of 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.]
(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 woman 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.
(1) 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 is 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 is 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 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 of a home for neglected women or children or a widows’ home or by any other name, which is established and maintained for the reception and care of women 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. Subs. by Act
43 of 1983, sec. 3, for section 375 and 376.
1[376A. Intercourse by a man with his wife during separation: -Whoever has sexual intercourse with his 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. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.
376B. Intercourse by public servant with woman is 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 b e liable to fine].
1[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 included 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. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 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 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.]
1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 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 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.
1. Subs. by Act
26 of 1955, sec.117. and sch., for “transportation for life” (w.e.f. 1-1-1956).
CHAPTER XVII
OF OFFENCES
AGAINST PROPERTY
Of Theft
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.
Explanation1. -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.
Explanation3. —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 the 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 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 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 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 jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler 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 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 authorized 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 commits theft.
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
STATE AMENDMENTS
State
of Tamil Nadu:
Section 380 of Indian Code (Central Act XLV of 1860) (hereinafter in this Part referred to as the principal Act) shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely: -
“(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees:
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 two years.”
[Vide Tamil Nadu Act 28 of 1993, sec. 2].
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 restrain, 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.
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 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 give 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 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 bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing 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 to. —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 punished 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 punished under section 377 of this Code, may be punished with 1[imprisonment for life].
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
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 punished 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 term which may extend to ten years, and shall also be liable to fine; and, if the offence be punished under section 377 of this Code, may be punished with 1[imprisonment for life].
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
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 carving away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily cause 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 hold 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.
391. Dacoity. —When five or mor3e persons conjointly commit 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 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.
1. Subs. by Act
26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
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.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
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 term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
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 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.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
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 misappropriates 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 term 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 dose not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of any offence under this section.
Explanation.1—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 the appropriates it to his own use, when the 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 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 found.
Illustrations
(a) A find 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 see 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.
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.
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 willfully 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 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 gong 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.
1. Ins. by Act 40
of 1973, sec.9 (w.e.f.1-11-1973).
2. Explanation
renumbered as Explanation I by Act 38 of 1975, sec.9 (w.e.f. 1-9-1975).
3. Ins. by Act 33
of 1988, sec.27 (w.e.f.1-8-1988).
4. Ins. by Act 38
of 1975, sec.9 (w.e.f. 1-9-1975).
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 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.
1. Subs. by Act
26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
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 designed 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.
1. 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.
2. Ins. by Act 8
of 1882, sec.9.
3. 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.
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.
STATE AMENDMENT
State
of Tamil Nadu:
Section 411 of principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely: -
“(2) Whoever dishonestly receives or retains any idol or icon stolen from any building used as a place of worship knowing or having reason to believe the same to be stolen property shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than two years but which shall not be less than two thousand rupees:
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 two years.”
[Vide Tamil Nadu Act 28 of 1993, section 3].
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 dacoity, 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.
1. Subs. by Act
26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
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.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
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 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 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 make 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 believer 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 on money, and by which A expects that the 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 led 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 deliver. A cheats; but if A, at the 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 coveys 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 for 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 found, 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 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.
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 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, cause 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. Punished 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.
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 the water for agricultural purposes, or for food or drink for human beings or for animals which are property, or cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description far 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 traveling 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 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 years, 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.
1. Ins. by Act 8
of 1882, sec.10.
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 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. Subs. by Act
26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
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 nay 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 or either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
439. Punishment for intentionally running vessel agground 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
State
of Uttar Pradesh:
For section 441, substitute the following: --
“441. Criminal Trespass:-- Whoever enters into or upon property in possession of another with intern 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 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 unauthorized possession or making unauthorized use of such property fails to withdraw from such property or its possession or use, when calls 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 U.P. Act No. 31 of 1961, section 2].
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. Housing 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 lifted 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 or 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 punishable with 1[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.
1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
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.
1. Subs. by Act
26 of 1955, sec. 117 and Sch., for “ transportation for life” (w.e.f.
1-1-1956).
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.
Tamil Nadu:
Section 454 of the principal
Act shall be renumbered as sub-section (1) of that section and after
sub-section (1) as so renumbered, the following sub-section shall be added,
namely:--
“(2) Whoever commits lurking house-trespass or
house-breaking in any building used as a place of worship, in order to the
committing of the offence of theft of any idol or icon from such building,
shall notwithstanding anything contained in sub-section (1), be punished with
rigorous imprisonment which shall not be less than three years but which may
extend to ten years and with fine which shall not be less than five thousand
rupees;
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 three years.”.
[Vide Tamil Nadu Act 28 of
1993, Sec. 4]
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.
State of Tamil
Nadu:
Section 457 of the principal
Act shall be renumbered as sub-section (1), of that section and after
sub-section (1) as so renumbered, the following sub-section shall be added,
namely: --
“(2) Whoever commits lurking house-trespass by
night or house-breaking by night in any building used as a place of worship, in
order to the committing of the offence of theft of any idol or icon form such
building, shall, notwithstanding anything contained in sub-section (1), be
punished with rigorous imprisonment which shall not be less than three years
but which may extend to fourteen years and with fine which shall not be less
than five thousand rupees:
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 three years.”
[Vide Tamil Nadu Act 28 of
1993 Sec. 5].
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.
1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (w.e.f. 1-1-1956).
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.
1.
Subs. by Act 26 of 1955, sec.117 and
sch., for “transportation for life” (w.e.f. 1-1-1956).
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 be 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.
OF OFFENCES
RELATING TO CODUMENTS
AND TO 1[*
* *] PROPERTY MARKS
1. The words “TRADE OR” omitted
by Act 43 of 1958, sec.135 and sch. (w.e.f.25-11-1959).
463. Forgery: - Whoever makes any false
documents or part of a document 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:
-- A person is said to make a false document—
First—Who dishonestly or
fraudulently makes, signs, seals or executed a document or part of a document,
or makes any mark denoting the execution of a document, with the intention of
causing it to be believed that such document or part of a document was made,
signed, sealed or executed by or by the authority of a person by whom or by
whose authority he knows that it was not made, signed, sealed or executed, or
at a time at which he knows that it was not made, signed, sealed or executed;
or
Secondly—Who, without lawful authority,
dishonestly or fraudulently, by cancellation or otherwise, alters a document in
any material part thereof, after it has been made or executed 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,
knowing that such person by reason of unsoundness of mind or intoxication cannot,
or that by reason of deception practiced upon him, he does not know the
contents of the document or the nature of the alteration.
(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 delivered by B that Z so wrote the letter. A has committed forgery.
(b) A, without Z’s authority affixes Z’s seal to 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 payments. B fraudulently fills up the cheque by inserting the sum or 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 for 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 form 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.
(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
deceased person, intending it to be believed that the document was made by the
person in his lifetime, may amount to forgery.
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.
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.:
-- Whoever forges a document, 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.
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, moveable
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 moveable 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.
1. Subs. by Act 26 of 1955, s. 117 and
Sch., for “transportation for life” (w.e.f. 1-1-1956).
468. Forgery for purpose of
cheating: -
Whoever commits forgery, intending that the document 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, intending that the document forged shall harm
the reputation of any party, or knowing that it is likely to 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 document:-A false document made
wholly or in part by forgery is designated “a forged document”.
471. Using as genuine a forged
document:
--Whoever fraudulently or dishonestly uses as genuine any document which he
knows or has reason to believe to be a forged document, shall be punished in
the same manner as if he had forged such document.
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.
1.
Subs. by Act 26 of 1955, sec. 117
and sch., for “transportation for life” (w.e.f. 1-1-1956).
473. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable otherwise:-Whoever makes or
counterfeit 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:-Whoever has in his possession any document, knowing the same to be forge,
and intending that the same shall fraudulently or dishonestly be used as
genuine, shall, if the document 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 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.
1.
Subs. by Act 26 of 1955, sec. 117
and sch., for “transportation for life” (w.e.f. 1-1-1956).
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 or, 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.
1.
Subs. by Act 26 of 1955, sec. 117 and
sch., for “transportation for life” (w.e.f. 1-1-1956).
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 any
document 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 document, 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.
1.
Subs. by Act 26 of 1955, sec. 117
and sch., for “transportation for life” (w.e.f. 1-1-1956).
3[477A. Falsification of accounts: -- Whoever, being a
clerk, officer or servant, or employed or acting in the capacity of a clerk,
officer or servant, willfully, and with intent to defraud, destroys, alters,
mutilates or falsifies any book, 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 willfully, 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 of any material
particular form or in, any such book, 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 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.]
1[Of] 2 [***] Property and Other Marks
1. Subs. by Act 4 of 1889, sec.3, for the
original heading and sections 478 to 489.
2. The
word “Trade,” omitted by Act 43 of 1958, sec.135 and sch., (w.e.f. 25-11-1959).
3.
Added by Act 3 of 1895, sec.
4.
478. Trade marks. — [Rep. by the Trade and
Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-11-1959).]
479. Property mark: - A mark used for denoting
that moveable 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), s. 135 and Sch., (w.e.f. 25-11-1959).]
481. Using a false property
mark: --
Whoever marks any moveable property or goods or any case, package or other receptacle
containing moveable 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.
1.
The words “any false trademark or”
omitted by Act 43 of 1958, sec.135 and sch. (w. e. f. 25-11-1959).
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.
The words “trade mark or” omitted
by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11- 1959).
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 of
has passed though a particular office, or that it is entitled to any exemption,
or uses as genuine any such mark knowing the same to be counterfeited, 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.
Subs. by Act 4 of 1889 sec. 3, for
the original section 484.
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. Subs. by Act 43 or 1958, sec. 135 and
Sch. (w.e.f. 25-11-1959).
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 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. Subs. by Act 4 of 1889, sec. 3, for the
original section 486.
2. Subs. by Act 43 of 1958, sec. 135 and
sch., for certain words (w.e.f.25-11-1959).
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.
Subs by Act 4 of 1889, sec. 3, for
the original section 487.
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.
Subs. by Act 4 of 1889, sec. 3, for
the original section 488.
1[489. Tempering 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.
Subs. by Act 4 of 1889, sec. 3, for
the original section 489.
1[489A.Counterfeiting currency-notes or bank-notes:-- Whoever counterfeits, 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. Added by Act 12 of 1889, sec. 2.
2. Subs. by Act 26 of 1955, s. 117 and
Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. Subs.
by Act 35 of 1950, s. 3 and Sch. II, for “489C and 489D”.
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. Added by Act 12 of 1899 sec. 2
2.
Subs. by Act 26 of 1955, sec. 117
and sch., for “transportation for life” (w.e.f.1-1-1956).
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.
Added by Act 12 of 1899, sec. 2.
1[489D. Making or possessing instruments or materials for forgoing or
counterfeiting currency-notes or bank-notes: -- Whoever makes, or performs, any part or
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.
Added by Act 12 of 1899, sec. 2.
2. Subs.
by Act 26 of 1955, s. 117 and Sch., for “transportation for life” (w.e.f.
1-1-1956).
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 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.]
1.
Ins. by Act 6 of 1943, sec. 2.
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 or 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 declare
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.
STATE AMENDMENT
State of Andhra
Pradesh Amendment:
Punishment—Imprisonment for
10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.
[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992].
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.
STATE AMENDMENT
State of Andhra
Pradesh Amendment:
Punishment—imprisonment for
7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.
[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992)].
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 rap, 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 be punishable as an abettor.
STATE AMENDMENT
State of Andhara
Pradesh Amendment:
Punishment—Imprisonment for
5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the
first class—Non-compoundable.
[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992)].
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, form 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.
1[CHAPTER XXA
1.
Ins. by Act 46 of 1983, sec. 2.
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 willful 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 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, of 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 to conduct of any person
touching any public question, and respecting his character, so far as his
character appears in that conduct, and no further.
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
discharge 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.
(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 in good faith, inasmuch as the opinion which he express 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, inasmuch 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.
(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 express 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, inasmuch 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 to 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
the exception.
Eight Exception—Accusation preferred in good
faith to authorized 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.
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.
CHAPTER XXII
OF CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE
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
inure 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 or 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 or 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 7[in good faith
and] without any such intent as aforesaid.]
1. Subs. by Act 4 of 1898, s. 6, for the
original section.
2. Section 505 was renumbered as
sub-section (1) of that section by Act 35 of 1969, sec. 3.
3. Subs. by Act 10 of 1927, s. 2 and Sch.
I, for “or sailor”.
4. Subs. by s. 2 and Sch. I, ibid., for “or
Navy”.
5. Subs. by the A.O. 1950 for “of Her
Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian
Marine” occurring after the word “Majesty” were omitted by Act 35 of 1934, s. 2
and Sch.
6.
Subs. by Act 41 of 1961, s. 4, for
“two years”.
7.
Ins. by Act 35 of 1969, s. 3.
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.
STATE AMENDMENT
State of Uttar Pradesh:
—Imprisonment of
7 years, or fine or both—Cognizable—Non-bailable—Triable by Magistrate of the
first class—Non-compoundable.
Vide
Notification No.777/VIII 9-4(2)—87, dated 31st July, 1989, Published
in U.P. Gazette, Extra., Pt. A, sec. (kha), dated 2nd August, 1989.
1. Subs. by Act 26 of 1955, sec.117 and
sch., for “transportation for life) (w.e.f. 1-1-1956).
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 form 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 tem which may extend to one year,
or with fine, or with both.
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, of 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, 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.
CHAPTER XXIII
OF ATTEMPTS TO
COMMIT OFFENCES
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 attempts 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.
1. Subs. by Act 26 of 1955, s. 117 and
Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Subs. by Act 26 of 1955, sec. 117 and
Sch., for certain original words (w.e.f. 1-1-1956).