THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860 1* [6th October, 1860.]
CHAPTER I
INTRODUCTION
CHAPTER I INTRODUCTION
Preamble.-WHEREAS it is expedient to provide a general Penal Code for 2*[India]; It is enacted as follows:--
1. Title and extent of operation of the Code. Punishment of offences committed beyond, but which by law may be tried within, India. Extension of Code to extra-territorial offences.
8*[4. Extension of Code to extra-territorial offences.--The provisions of this Code apply also to any offence committed by--
9*[(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be.]
1. The Act has been amended in its application to Madras by Madras Act 25 of 1960, U. P. by U. P. Acts 31 of 1961, 29 of 1970 and 47 of 1975, Andhra Pradesh by Andhra Pradesh Act 16 of 1968, Maharashtra by Maharashtra Act 19 of 1971, Mysore by Mysore Act 8 of 1972, West Bengal by West Bengal Act 42 of 1973.
The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch., extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963,
s. 2 and Sch. I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10- 1967).
The Act comes into force in Pondicherry vide Reg. 7 of 1963,
s. 3 and Sch. I (w.e.f. 1-10-1963). Explanation.
Explanation.--In this section the word "offence" includes every act committed outside 1*[India] which, if committed in 1*[India] would be punishable under this Code.
2*[Illustration]
3***A, 4*[who is 5*[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 1*[India] in which he may be found.
6* * * * *
5.
Certain laws not to be affected by this Act.
7*[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 provision of any special or local law.]
CHAPTER II
GENERAL EXPLANATIONS
CHAPTER II
GENERAL EXPLANATIONS
6.
Definitions in the Code to be understood subject to exceptions.
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 7. Sense of expression once explained. 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". "Servant of Government".
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.] "Judge".
19. "Judge".--The word "Judge" denotes not only every person who is officially designated as a Judge, but also every person.
who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or
who is one of a body of persons, which body of persons is empowered by law to give such a judgment.
Illustrations 20.
"Court of Justice".
20. "Court of Justice".--The words "Court of Jutsice" 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 5*Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice. 21.
"Public servant".
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*[4**** of India];
5*[Third.--Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons. any adjudicatory functions;]
Fourth.--Every officer of a Court of Justice 6*[(including a liquidator, receiver or commissioner)] whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties;
Fifth.--Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;
Sixth.--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;
Seventh.--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
Eighth.--Every officer of 7*[the Government] whose duty itis, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth.--Every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of 7*[the Government], or to make any survey, assessment or contract on behalf of 7*[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 7*[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 7*[the Government] 8****;
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; 1*[Eleventh.--Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;]
2*[Twelfth.--Every person-- 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.
3*[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.]
4* * * * *
22.
"Movable property". 23. "Wrongful gain".--"Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.
"Wrongful loss".
"Wrongful loss".--"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.
Gaining wrongfully. Losing wrongfully.
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". 25. "Fraudulently".--A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. 1964, s. 2.
26.
"Reason to believe". Property in possession of wife, clerk or servant. "Counterfeit".
28. "Counterfeit".--A person is said to "counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
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 bedeceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.]
29.
"Document".
29. "Document".--The word "document" denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
Explanation 1.--It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
A cheque upon a banker is a document.
A power-of-attorney is a document.
A map or plan which is intended to be used or which may be used as evidence, is a document.
A writing containing directions or instructions is a document.
Explanation 2.--Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actuallyexpressed.
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".
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 who hereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
1. Subs. by Act 1 of 1889, s. 9, for the original Explanation.
Illustration
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to 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". Words referring to acts include illegal omissions. "Act". "Omission". Acts done by several persons in futherance of common intention.