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.
1*[34. Acts done by several persons in futherance of common intention.--When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.]
35.
When such an act is criminal by reason of its being done with a criminal knowledge or intention.
Effect caused partly by act and partly by omission.
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 party by beating Z. A has committed murder.
37.
Co-operation by doing one of several acts constituting an offence.
37. Co-operation by doing one of several acts constituting anoffence.--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
1. Subs. by Act 27 of 1870, s. 1, for the original section.
(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.
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".
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.
40.
"Offence".
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 VA] 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 word "offence" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined.
And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.]
41. "Special law".
42. "Local law".--A "local law" is a law applicable only to a particular part of 6* [7**** 8*[India]].
43.
"Illegal". "Legally bound to do".
44. "Injury".--The word "injury" denotes any harm whatever
illegally caused to any person, in body, mind, reputation or property.
45. "Life".
"Year". "Month".
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".
52. "Good faith".--Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.
52A.
"Harbour".
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.]
CHAPTER III
OF PUNISHMENTS
CHAPTER III
OF PUNISHMENTS
53. Punishments.
53. Punishments.--The punishments to which offenders are liable under the provisions of this Code are--
First.--Death;
2*[Secondly.--Imprisonment for life;]
3* * * * *
Fourthly.--Imprisonment, which is of two descriptions, namely:-
Fifthly.--Forfeiture of property;
Sixthly.--Fine.
(w.e.f. 6-4-1949).
53A.
Construction of reference to transportation.
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".
54.
Commutation of sentence of death.
Commutation of sentence of imprisonment for life.
55. Commutation of sentence of imprisonment for life.--In every case in which sentence of 4*[imprisonment] for life shall have been passed, 5[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.
55A.
Definition of "appropriate Government".
6*[55A. Definition of "appropriate Government".--In sections fifty-four and fifty-five the expression "appropriate Government" means,-
56.
Fractions of terms of punishment.
58. [Offenders sentenced to transportation how dealt with until transported.] Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s. 117 and Sch.
59.
59. [Transportation instead of imprisonment.] Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 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.
Amount of fine.
Sentence of imprisonment for non-payment of fine.
64. Sentence of imprisonment for non-payment of fine.--1*[In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment,
and in every case of an offence punishable 2*[withimprisonment 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 shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
65.
Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.
Description of imprisonment for non-payment of fine.
Imprisonment for non-payment of fine, when offence punishable with fine only.
Imprisonment to terminate on payment of fine.
68. Imprisonment to terminate on payment of fine.--The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.
69.
Termination of imprisonment on payment of proportional part of fine.
69. Termination of imprisonment on payment of proportional part of fine.--If, before the expiration of the term of imprisonment fixedin default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment. A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment. A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment. A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.
70.
Fine leviable within six years, or during imprisonment. Death not to discharge property from liability.
Limit of punishment of offence made up of several offences.
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
committed the offence of voluntarily causing hurt to Z by the whole
| than the Court whichoffences]. | tries him | could award | for | any | one | of | such | ||
|---|---|---|---|---|---|---|---|---|---|
| Illustrations | |||||||||
| (a) A gives Z fifty strokes | with a | stick. | Here | A | may | have | |||
beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.
(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.
72.
Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.
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.
1. Ins by Act 8 of 1882, s, 4.
73.
Solitary confinement.
73. Solitary confinement.--Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say--
a time not exceeding one month if the term of imprisonment shall not exceed six months:
a time not exceeding two months if the term of imprisonment shall exceed six months and 1*[shall not exceed one] year:
a time not exceeding three months if the term of imprisonment shall exceed one year.
74.
Limit of solitary confinement.
Enhanced punishment for certain offence under Chapter XII or Chapter XVII after previous conviction.
2*[75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.--Whoever, having been convicted,
(a) by a Court in 3*[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, 4****
4* * * * *
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 5*[imprisonment for life] or to imprisonment of either description for a term which may extend to ten years.]
CHAPTER IV
GENERAL EXCEPTIONS
CHAPTER IV
GENERAL EXCEPTIONS
76.
Act done by a person bound, or by mistake of fact believing himself bound, by law.--
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
77.
Act of Judge when acting judicially.
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.
Act done by a person justified, or by mistake of fact believing himself, justified, by law.
79. Act done by a person justified, or by mistake of fact believing himself, justified, by law.--Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.
80.
Accident in doing a lawful act.
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.
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm.--Nothing is an offence merely by reason ofits being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Explanation.-It is a 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
82.
Act of a child under seven years of age.
Act of a child above seven and under twelve of immature understanding.
Act of a person of unsound mind.
Act of a person incapable of judgment by reason of intoxication caused against his will.
Offence requiring a particular intent or knowledge committed by one who is intoxicated.
Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
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 agree 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.
88. Act not intended to cause death, done by consent in goodfaith for person's benefit.--Nothing, which is not intented 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 the 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.
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: Provided-
Provisos.
Provisos.-First.-That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;
Secondly.-That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
Thirdly.-That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
Fourthly.-That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.
Illustration
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, in as much as his object was the cure of the child.
90.
Consent known to be given under fear or misconception.
90. Consent known to be given under fear or misconception.--A consent is not such a consent as is 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.
Consent of insane person.-if the consent is given by a personwho, 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.
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 cause.
91. Exclusion of acts which are offences independently of harm cause.--The exceptions in sections 87, 88 and 89 do not extend to actswhich 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 offence inexpediently 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.
92. Act done in good faith for benefit of a person without consent.-Nothing is an offence by reason of any harm which it maycauses 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: Provided-
Provisos.
Provisos.-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
Explanation.-Mere pecuniary benefit is not benefit within the meaning of sections 88 89 and 92.
93.
Communication made in good faith.
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.
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 bythreats, which, at the time of doing it, reasonnably 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.
Explantion 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.
Things done in private defence.
Right of private defence of the body and of property.
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 defintion of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
98.
Right of private defence against the act of a person of unsound mind, etc.
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 privatedefence against that act which he would have if the act were that offence.
Illustrations
99.
Acts against which there is no right of private defence.
99. Acts against which there is no right of private defence.-- There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities.
Extent to which the right may be exercised.
Extent to which the right may be exercised.--The right of privatedefence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1.-A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.
Explanation 2.-A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.
100.
When the right of private defence of the body extends to causingdeath.
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 wrongfullyconfining 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.
Commencement and continuance of the right of private defence of the body.
When the right of private defence of property extends to causingdeath.
103. When the right of private defence of property extends to causing death.--The right of private defence of property extends,under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:-
First.-Robbery;
Secondly.-House-breaking by night;
Thirdly.-Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
Fourthly.-Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
104.
When such right to causing any harm other than death.
Commencement and continuance of the right of private defence of property.
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 robberycontinues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.
106.
Right of private defence against deadly assault when there is risk of harm to innocent person.
106. Right of private defence against deadly assault when there is risk of harm to innocent person.--If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
CHAPTER V
OF ABETMENT
CHAPTER V
OF ABETMENT
107.
Abetment of a thing.
107. Abetment of a thing.--A person abets the doing of a thing,
who-
First.-Instigates any person to do that thing; or
Secondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.-A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z, B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2.-Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
108.
Abettor.
108. Abettor.--A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1.-The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.
Explanation 2.-To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3.-It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or anyguilty intention or knowledge.
Illustrations
Explanation 4.-The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.
Explanation 5.-It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
Illustration
A concerts with B a plan for poisoning Z. It is agreed that A
shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here,though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.
108A.
Abetment in India of offences outside India.
1*[108A. Abetment in India of offences outside India.--A person abets an offence within the meaning of this Code who, in 2*[India], abets the commission of any act without and beyond 2*[India] which would constitute an offence if committed in 2*[India].
Illustration
A, in 2*[India], instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.]
109.
Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.
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
110.
Punishment of abetment if person abetted does act with different intention from that of abettor.
110. Punishment of abetment if person abetted does act with different intention from that of abettor.--Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
111.
Liability of abettor when one act abetted and different act done.
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.
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
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.
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 constitute a distinct offence, the abettor is liable to punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant. B, in consequence resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causinggrievous 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.
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, causes 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.
Abetment of offence punishable with death or imprisonment for life-if offence is not committed.
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.
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.
116.
Abetment of offence punishable with imprisonment--if offence be not committed.
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 anydescription provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both;
if abettor or person abetted be a public servant whose duty it is to prevent offence.
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 anydescription 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
117.
Abetting commission of offence by the public or by more than ten persons.
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.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
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.
118. Concealing design to commit offence punishable with death or imprisonment for life.--Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or 1*[imprisonment for life],
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes anyrepresentation which he knows to be false respecting such design,
if offence be committed-if offence be not committed.
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 of not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine.
Illustration
A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.
119.
Public servant concealing design to commit offence which it is his duty to prevent.
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 publicservant to prevent,
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes anyrepresentation which he knows to be false respecting such design.
if offence be committed.
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.
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.
if offence be not committed.--or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.
Illustration
A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. here A has by an illegal omission concealed the existence of B's design and is liable to punishment according to the provision of this section.
120.
Concealing design to commit offence punishable with imprisonment.
120. Concealing design to commit offence punishable with imprisonment.--Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment,
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes anyrepresentation which he knows to be false respecting such design,
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
if offence be committed-if offence be not committed.
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-eight, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.
CHAPTER VA
CRIMINAL CONSPIRACY
1*[CHAPTER VA
CRIMINAL CONSPIRACY
120A.
Definition of criminal conspiracy.
120A. Definition of criminal conspiracy.--When two or more persons agree to do, or cause to be done,-
(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation.-It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
120B.
Punishment of criminal conspiracy.
120B. Punishment of criminal conspiracy.--(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,2*[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]
CHAPTER VI
OF OFFENCES AGAINST THE STATE
CHAPTER VI
OF OFFENCES AGAINST THE STATE
121.
Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.--Whoever wages war against the 3*[Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 4*[imprisonment for life] 5*[and shall also be liable to fine].
6*[Illustration.]
7***A joins an insurrection against the 3*[Government of India]. A has committed the offence defined in this section.
8* * * * *
121A.
Conspiracy to commit offences punishable by section 121.
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 State Government 5***], shall be punished with 6*[imprisonment for life], or with imprisonment of either description which may extend to ten years, 7*[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.]
122.
Collecting arms, etc., with intention of waging war against the Government of India.
Concealing with intent to facilitate design to wage war.
Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.
124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.--Whoever, with the intention of inducing or compelling the 11*[President] of India, or 12*[Governor 13***] of any State, 14*** 15*** 16*** to exercise or refrain from exercising in any manner any of the lawful powers of such 17*[President or 12*[Governor 13*],
assaults 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 17*[President or 12*** [Governor 13***],
shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
124A.
Sedition.
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], a 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 Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3.-Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.]
125.
Waging war against any Asiatic Power in alliance with the Government of India.
Committing depredation on territories of Power at peace with the Government of India.
Receiving property taken by war or depredation mentioned in sections 125 and 126.
Public servant voluntarily allowing prisoner of state or war to escape.
128. Public servant voluntarily allowing prisoner of state or war to escape.--Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 7*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
129.
Public servant negligently suffering such prisoner to escape.
Aiding escape of, rescuing or harbouring such prisoner.
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 anyresistance 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 ispermitted 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.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, [NAVY AND AIR FORCE]
CHAPTER VII OF OFFENCES RELATING TO THE ARMY, 3*[NAVY AND AIR FORCE]
131.
Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
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, 4*[sailor or airman], in the Army, 5*[Navy or Air Force] of the 6*[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 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.
7*[Explanation.-In this section the words "officer", 8* ["soldier", 9*["sailor"] and "airman"] include any person subject to the 10*[Army Act, 11*[the Army Act, 1950 (46 of 1950)], 9*[the Naval Discipline Act, 12***the Indian Navy (Discipline) Act,1934 (34 of 1934)] 13*[the Air Force Act or 14*[the Air Force Act, 1950 (45 of 1950)]], as the case may be].]
132.
Abetment of mutiny, if mutiny is committed in consequence thereof.
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
Abetment of such assault, if the assault committed.
Abetment of desertion of soldier, sailor or airman.
Harbouring deserter.
136. Harbouring deserter.--Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer,soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of the 3*[Government of India], has deserted, harbours such officer,soldier, 1*[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Exception.-This provision does not extend to the case in which the harbour is given by a wife to her husband.
137.
Deserter concealed on board merchant vessel through negligence of master.
Abetment of act of insubordination by soldier, sailor or airman.
138. Abetment of act of insubordination by soldier, sailor or airman.-Whoever abets what he knows to be an act of insubordination byan officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or air Force], of the 3*[Government of India], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
138A.
[Repealed.]
138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.
139.
Persons subject to certain Acts.
Wearing garb or carrying token used by soldier, sailor or airman.
140. Wearing garb or carrying token used by soldier, sailor or airman.--Whoever, not being a soldier, 7*[sailor or airman] in the Military, 8*[Naval or Air] service of the 9*[Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier, 7*[sailor or airman] with the intention that it may be believed that he is such a soldier, 7*[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
141.
Unlawful assembly.
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, 10*[the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or
Second.-To resist the execution of any law, or of any legalprocess; or
Third.-To commit any mischief or criminal trespass, or other offence; or
Fourth.-By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
Fifth.-By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.-An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
142.
Being member of unlawful assembly.
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.
5, Subs. by Act 14 of 1932, s. 130 and Sch., for "or the Air Force Act".
143.
Punishment.
Joining unlawful assembly armed with deadly weapon.
Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
Rioting.
Punishment for rioting.
Rioting, armed with deadly weapon.
Every member of unlawful assembly guilty of offence committed in prosecution of common object.
Hiring, or conniving at hiring, of persons to join unlawful assembly.
Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.
151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.--Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Explanation.-If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section
145.
152.
Assaulting or obstructing public servant when suppressing riot, etc.
Want only giving provocation with intent to cause riot-if rioting be committed:if not committed.
153. Want only 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 anyperson intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punishedwith imprisonment of either description for a term which may extend to one year, or with fine, or with both, and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
153A.
Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
1*[153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.--(1) Whoever-
2*[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,]
shall be punished with imprisonment which may extend to three years,or with fine, or with both.
(2) Offence committed in place of worship, etc.--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.]
153B.
Imputations, assertions prejudicial to national integration.
2*[153B. Imputations, assertions prejudicial to national integration.--(1) Whoever, by words either spoken or written or bysigns or by visible representations or otherwise,-
(c) makes or publishes and assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons,
shall be punished with imprisonment which may extend to three years,or with fine, or with both.
(2) Whoever commits an offence specified in sub-section (1), in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine].
154.
Owner or occupier of land on which an unlawful assembly is held.
Liability of person for whose benefit riot is committed.
Liability of agent of owner or occupier for whose benefit riot is committed.
156. Liability of agent of owner or occupier for whose benefit riot is committed.--Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom,
the agent or manager of such person shall be punishable with
fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly bywhich 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.
Being hired to take part in an unlawful assembly or riot;
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.
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.
Punishment for committing 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
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161 to 165A.
161 to 165A.Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
166.
Public servant disobeying law, with intent to cause injury to any person.
166. Public servant disobeying law, with intent to cause injury to any person.--Whoever, being a public servant, knowingly disobeysany 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 anyperson, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
IIIustration
A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
167.
Public servant framing an incorrect document with intent to cause injury.
Public servant unlawfully engaging in trade.
Public servant unlawfully buying or bidding for property.
Personating a public servant.
Wearing garb or carrying token used by public servant with fraudulent intent.
171. Wearing garb or carrying token used by public servant with fraudulent intent.--Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of publicservants, 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.
CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
1*[CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
171A.
"Candidate", "Electoral right" defined.
171A. "Candidate", "Electoral right" defined.--For the purposesof this Chapter-
2*[(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 from voting at an election.
171B.
Bribery.
171B. Bribery.--(1) Whoever-
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.
171C.
Undue influence at elections.
171C. Undue influence at elections.--(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of anyelectoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub- section (1), whoever-
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 or 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.
171D. Personation at elections.--Whoever at an election applies for a voting paper on 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 of personation at an election.
171E.
Punishment for bribery.
171E. Punishment for bribery.--Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:
Provided that bribery by treating shall be punished with fine only.
Explanation.-"Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
171F.
Punishment for undue influence or personation at an election.
171F. Punishment for undue influence or personation at an election.--Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
171G.
False statement in connection with an election.
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 anycandidate shall be punished with fine.
171H.
Illegal payments in connection with an election.
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.
171-I.
Failure to keep election accounts.
171-I. Failure to keep election accounts.--Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.]
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172.
Absconding to avoid service of summons or other proceeding.
Preventing service of summons or other proceeding, or preventing publication thereof.
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 anysummons, notice or order proceeding from any public servant legally competent, 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 months, or with fine which may extend to one thousand rupees, or with both.
174.
Non-attendance in obedience to an order from public servant.
174. Non-attendance in obedience to an order from publicservant.--Whoever, being legally bound to attend in person or by anagent at a certain place and time in obedience to a summons, notice,order, or proclamation proceeding from any public servant legallycompetent, as such public servant, to issue the same,
intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for
at Calcutta, in obedience to a subpoena issuing from that Court,
| a term which may extend to six months, orto one thousand rupees, or with both. | with | fine which may extend | |
|---|---|---|---|
| Illustrations | |||
| (a) A, being legally bound to appear before | the | 1*[High 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.
175.
Omission to produce document to public servant by person legally bound to produce it.
175. Omission to produce document to public servant by personlegally bound to produce it.--Whoever, being legally bound to produceor 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.
176.
Omission to give notice or information to public servant by person legally bound to give it.
176. Omission to give notice or information to public servant by person legally bound to give it.--Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;
2*[or, if the notice or information required to be given isrequired by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898), with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]
177.
Furnishing false information.
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 simpleimprisonment 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
1*[Explanation.-In section 176 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; and the word "offender" includes any person who is alleged to have been guilty of any such act.]
178.
Refusing oath or affirmation when duly required by public servant to make it.
Refusing to answer public servant authorized to question.
Refusing to sign statement.
False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation.
False information, with intent to cause public servant to use his lawful power to the injury of another person.
4*[182. False information, with intent to cause public servant to use his lawful power to the injury of another person.--Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant-
shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
183.
Resistance to the taking of property by the lawful authority of a public servant.
Obstructing sale of property offered for sale by authority of public servant.
Illegal purchase or bid for property offered for sale by authority of public servant.
Obstructing public servant in discharge of public functions.
Omission to assist public servant when bound by law to giveassistance.
Disobedience to order duly promulgated by public servant.
188. Disobedience to order duly promulgated by public servant.-- Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management. disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any 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 tends 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 promulgated 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.
Threat of injury to induce person to refrain from applying for protection to public servant.
190. Threat of injury to induce person to refrain from applyingfor 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
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
191.
Giving false evidence.
191. Giving false evidence.--Whoever, being legally bound by anoath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes anystatement 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 personattesting is within the meaning of this section, and a person may beguilty of giving false evidence by stating that he believes a thingwhich he does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations
192.
Fabricating false evidence.
192. Fabricating false evidence.--Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any 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 pointmaterial to the result of such proceeding is said "to fabricate false evidence".
Illustrations
193.
Punishment for false evidence.
193. Punishment for false evidence.--Whoever intentionally givesfalse evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicialproceeding, 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 judicialproceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as 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 an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
194.
Giving or fabricating false evidence with intent to procure conviction of capital offence;
194. Giving or fabricating false evidence with intent to procureconviction 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 2*[by the laws for the time being in force in 3*[India]] shall be punished with 4*[imprisonment for life], or with rigorousimprisonment for a term which may extend to ten years, and shall also be liable to fine;
If innocent person be thereby convicted and executed.
If innocent person be thereby conviceted and executed.--and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.
195.
Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.
195. Giving or fabricating false evidence with intent to procureconviction of offence punishable with imprisonment for life or imprisonment.--Whoever gives or fabricates false evidence intendingthereby to cause, or knowing it to be likely that he will therebycause, any person to be convicted of an offence which 2*[by the law for the time being in force in 3*[India]] is not capital, but punishable with 4*[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 4*[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 5*[imprisonment for life] or imprisonment, with or without fine.
196.
Using evidence known to be false.
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.
Using as true a certificate known to be false.
False statement made in declaration which is by law receivable as evidence.
Using as true such declaration knowing it to be false.
Causing disappearance of evidence of offence, or giving false information to screen offender.
201. Causing disappearance of evidence of offence, or givingfalse information to screen offender.--Whoever, knowing or havingreason 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;
if a capital offence.--shall, if the offence which he knows or believes to have been committed is punishable with death, be punishedwith 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;
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.
if punishable with less than ten years' imprisonment.-- and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.
Illustration
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.
202.
Intentional omission to give information of offence by person bound to inform.
202. Intentional omission to give information of offence byperson bound to inform.--Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give anyinformation 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.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
203.
Giving false information respecting an offence committed.
203. Giving false information respecting an offence committed.-- Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1*[Explanation.-In spections 201 and 202 and in this section the word "offence" includes any act committed at any place out of 2*[India], which, if committed in 2*[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.]
204.
Destruction of document to prevent its production as evidence.
False personation for purpose of act or proceeding in suit or prosecution.
Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
Fraudulent claim to property to prevent its seizure as forfeited or in execution.
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.--Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein,intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
208.
Fraudulently suffering decree for sum not due.
208. Fraudulently suffering decree for sum not due.--Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to passagainst him for a larger amount at the suit of B, who has no justclaim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section.
209.
Dishonestly making false claim in Court.
Fraudulently obtaining decree for sum not due.
False charge of offence made with intent to injure.
Harbouring offender-if a capital offence, if punishable with imprisonment for life, or with imprisonment.
212. Harbouring offender.--Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment,
if a capital offence;
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.
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.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
1*["Offence" in this section 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; 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 2*[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 3*[imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.
213.
Taking gift, etc., to screen an offender from punishment-if a capital offence; if punishable with imprisonment for life, or with imprisonment.
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;
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.
if punishable with imprisonment for life, or with imprisonment.-- and if the offence is punishable with 3*[imprisonment for life], or with imprisonment which may extend to ten years, shall be punishedwith imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
214.
Offering gift or restoration of property in consideration of screening offender-if a capital offence; if punishable with imprisonment for life, or with imprisonment.
214. Offering gift or restoration of property in consideration of screening offender.--Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or 4*[restores or causes the restoration of] any property to any person, in consideration of that person's concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment,
if a capital offence;
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.
if punishable with imprisonment for life, or with imprisonment.- and if the offence is punishable with 3*[imprisonment for life] or with imprisonment which may extend to ten years, shall be punishedwith imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
1*[Exception.-The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.]
2* * * * *
215.
Taking gift to help to recover stolen property, etc.
Harbouring offender who has escaped from custody or whose apprehension has been ordered-if a capital offence; if punishable with imprisonment for life, or with imprisonment.
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 or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say,
if a capital offence;
if 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 punishable with imprisonment for life, or with imprisonment.- if the offence is punishable with 3*[imprisonment for life] or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine;
and if the offence is punishable with imprisonment which mayextend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence or with fine, or with both.
4*["Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out of 5*[India], which, if he had been guilty of it in 5*[India], would have been punishable as an offence, and for which he is, under any law relating to extradition, 6*or otherwise liable to be apprehended or detained in custody in 5*[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 5*[India].]
Exception.-The provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
216A.
Penalty for harbouring robbers or dacoits.
7*[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 1*[India].
Exception.-This provision does not extend to the case in which the harbour is by the husband or wife of the offender.]
216B.
[Repealed.]
2*[216B. Definition of "harbour" in sections 212, 216 and 216A.] Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of1942), s. 3.
217.
Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
Public servant in judicial proceeding corruptly making report, etc., contrary to law.
Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
Intentional omission to apprehend on the part of public servant bound to apprehend.
221. Intentional omission to apprehend on the part of public servant bound to apprehend.--Whoever, being a pubic servant, legallybound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence,intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with,or liable to be apprehended for, an offence punishable with death; or
with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 1*[imprisonment for life] or imprisonment for a term which may extend to ten years; or
with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with,or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.
222.
Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfullycommitted.--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 2*[or lawfullycommitted 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 1*[imprisonment for life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who, ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to 1*[imprisonment for life] 3*** 4*** 5*** 6*** or imprisonment for a term of ten years or upwards; or
with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years 2*[or if the person was lawfully committed to custody].
223.
Escape from confinement or custody negligently suffered by publicservant.
Resistance or obstruction by a person to his lawful apprehension.
224. Resistance or obstruction by a person to his lawful apprehension.--Whoever intentionally offers any resistance or illegalobstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation.-The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.
225.
Resistance or obstruction to lawful apprehension of another person.
225. Resistance or obstruction to lawful apprehension of another person.--Whoever intentionally offers any resistance or illegalobstruction 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] orimprisonment 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 rescued, or 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.
225A.
Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.
5*[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 anyother law for the time being in force, omits to apprehend that personor suffers him to escape from confinement, shall be punished-
225B.
Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.
225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.--Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue anyother person from any custody in which that person is lawfullydetained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.]
226.
[Repealed.]
Violation of condition of remission of punishment.
Intentional insult or interruption to public servant sitting in judicial proceeding.
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 publicservant 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.
228A.
Disclosure of identity of the victim of certain offences, etc.
1*[228A. Disclosure of identity of the victim of certain offences, etc.--(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is-
Provided that no such authorisation shall be given by the next- of-kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Explanation.-For the purposes of this sub-section, "recognisedwelfare institution or organisation" means a social welfare institution or organisation recognised in this behalf by the Central or State Government.
(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Explanation.-The printing or publication of the judgment of anyHigh Court or the Supreme Court does not amount to an offence within the meaning of this section.]
229.
Personation of a juror or assessor.
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 anycase 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.
1. Ins. by Act 43 of 1983, s. 2 (w.e.f. 25-12-1983).
CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
230.
"Coin" defined.
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
Indian coin--2*[Indian coin is metal stamped and issued by the authority of the Government of India in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it mayhave ceased to be used as money.]
Illustrations
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.]
231.
Counterfeiting coin.
Counterfeiting Indian coin.
Making or selling instrument for counterfeiting coin.
Making or selling instrument for counterfeiting Indian coin.
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 3[Indian coin], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
235.
Possession of instrument or material for the purpose of using the same for counterfeiting coin.
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.
if Indian coin.--and if the coin to be counterfeited is 1*[Indian coin], shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
236.
Abetting in India the counterfeiting out of India of coin.
Import or export of counterfeit coin.
Import or export of counterfeits of the Indian coin.
Delivery of coin possessed with knowledge that it is counterfeit.
Delivery of Indian coin, possessed with knowledge that it is counterfeit.
Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.--Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both.
Illustration
A, a coiner, delivers counterfeit Company's rupees to his accomplice B, for the purpose of uttering them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit. C pays away the rupees for goods to D, who receives them, not knowingthem to be counterfeit. D, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under section 239 or 240, as the case may be.
242.
Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.
Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.
Person employed in mint causing coin to be of different weight or composition from that fixed by law.
Unlawfully taking coining instrument from mint.
Fraudulently or dishonestly diminishing weight or altering composition of coin.
Fraudulently or dishonestly diminishing weight or altering composition of Indian coin.
247. Fraudulently or dishonestly diminishing weight or alteringcomposition of Indian coin.--Whoever fraudulently or dishonestlyperforms on 3*[any Indian coin] any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
248.
Altering appearance of coin with intent that it shall pass as coin of different description.
Altering appearance of Indian coin with intent that it shall pass as coin of different description.
Delivery of coin possessed with knowledge that it is altered.
Delivery of Indian coin, possessed with knowledge that it is altered.
Possession of coin by person who knew it to be altered when he became possessed thereof.
Possession of Indian coin by person who knew it to be altered when he became possessed thereof.
Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered.
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered.--Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in sections 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
1. Subs. by the A. O. 1950, for "any of the Queen's coin".
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.
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 stamps of one denomination to appear like a genuine stamp of a different denomination.
256.
Having possession of instrument or material for counterfeiting Government stamp.
Making or selling instrument for counterfeiting Government stamp.
Sale of counterfeit Government stamp.
Having possession of counterfeit Government stamp.
Using as genuine a Government stamp known to be counterfeit.
Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.
261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.--Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing anystamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from anywriting 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.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
262.
Using Government stamp known to have been before used.
Erasure of mark denoting that stamp has been used.
263. Erasure of mark denoting that stamp has been used.--Whoever,
fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue,any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
263A.
Prohibition of fictitious stamps.
1*[263A. Prohibition of fictitious stamps.--(1) Whoever-
shall be punished with fine which may extend to two hundred rupees.
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
264.
Fraudulent use of false instrument for weighing.
Fraudulent use of false weight or measure.
265. Fraudulent use of false weight or measure.--Whoever, fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
266.
Being in possession of false weight or measure.
Making or selling false weight or measure.
267. Making or selling false weight or measure.--Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
268.
Public nuisance.
Negligent act likely to spread infection of disease dangerous to life.
Malignant act likely to spread infection of disease dangerous to life.
Disobedience to quarantine rule.
Adulteration of food or drink intended for sale.
Sale of noxious food or drink.
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.
Sale of adulterated drugs.
Sale of drug as a different drug or preparation.
Fouling water of public spring or reservoir.
Making atmosphere noxious to health.
Rash driving or riding on a public way.
Rash navigation of vessel.
Exhibition of false light, mark or buoy.
Conveying person by water for hire in unsafe or overloaded vessel.
Danger or obstruction in public way or line of navigation.
Negligent conduct with respect to poisonous substance.
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 anypoisonous substance in his possession as is sufficient to guardagainst 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.
285. Negligent conduct with respect to fire or combustible matter.--Whoever does, with fire or any combustible matter, any act sorashly 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.
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 guardagainst 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.--
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 repairingbuildings.
Negligent conduct with respect to animal.
Punishment for public nuisance in cases not otherwise provided for.
Continuance of nuisance after injunction to discontinue.
Sale, etc., of obscene books, etc.
1*[292. Sale, etc., of 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-
(e) offers or attempts to do any act which is an offence under this section,
shall be punished 1 [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].
2*[Exception-This section does not extend to-
293.
Sale, etc., of obscene objects to young person.
3*[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 1[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].]
294.
Obscene acts and songs.
4*[294. Obscene acts and songs.--Whoever, to the annoyance of others,
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,
shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]
294A.
Keeping lottery office.
1*[294A. Keeping lottery office.--Whoever keeps any office or place for the purpose of drawing any lottery 2*[not being 3*[aState lottery] or a lottery authorised by the 4*[State] Government], shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lotteryshall be punished with fine which may extend to one thousand rupees.]
CHAPTER XV
OF OFFENCES RELATING TO RELIGION
CHAPTER XV
OF OFFENCES RELATING TO RELIGION
295.
Injuring or defiling place of worship, with intent to insult the religion of any class.
295. Injuring or defiling place of worship, with intent to insult the religion of any class.--Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
295A.
Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
5*[295A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.--Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 6*[citizens of India], 7*[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 8*[three years], or with fine, or with both.]
296.
Disturbing religious assembly.
Trespassing on burial places, etc.
297. Trespassing on burial places, etc.--Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby,
commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers anyindignity 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 religious feelings.
298. Uttering words, etc., with deliberate intent to wound religious feelings.--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
CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY
Of offences affecting life
299.
Culpable homicide.
299. Culpable homicide.--Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Illustrations
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 a 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.
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
Exception 1.-When culpable homicide is not murder.-Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
The above exception is subject to the following provisos:-
First.-That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.
Secondly.-That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.
Thirdly.-That the provocation is not given by anything done in the lawful exercise of the right of private defence.
Explanation.-Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.
Illustrations
(a) A, under the influence of passion excited by a provocation
given by Z, intentionally kills Y, Z's child. This is murder, inasmuch 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.
Exception 2.-Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence or person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.
Illustration
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.
Exception 3.-Culpable homicide is not murder if the offender,being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.
Exception 4.-Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's 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 personwhose 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.
Punishment for murder.
Punishment for murder by life-convict.
Punishment for culpable homicide not amounting to murder.
304. Punishment for culpable homicide not amounting to murder.-- Whoever commits culpable homicide not amounting to murder shall be punished with 1*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death. or of causing such bodily injury as is likely to cause death;
or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
304A.
Causing death by negligence.
2*[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.]
304B.
Dowry death.
3*[304B. Dowry death.--(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
Explanation.-For the purposes of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
305.
Abetment of suicide of child or insane person.
Abetment of suicide.
Attempt to murder.
307. Attempt to murder.--Whoever does any act with such intentionor knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to 1*[imprisonment for life], or to such punishment as is hereinbefore mentioned.
Attempts by life-convicts.
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
or delivers it to Z's servants to place it on Z's table. A has committed the offence defined in this section.
308.
Attempt to commit culpable homicide.
308. Attempt to commit culpable homicide.--Whoever does any actwith such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Illustration
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he there by 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.
Thug.
Punishment.
Causing miscarriage.
Causing miscarriage without woman's consent.
Death caused by act done with intent to cause miscarriage.
314. Death caused by act done with intent to cause miscarriage.-- Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;
if act done without woman's consent.
if act done without woman's consent.--and if the act is done without the consent of the woman, shall be punished either with 2*[imprisonment for life], or with the punishment above mentioned.
Explanation.-It is not essential to this offence that the offender should know that the act is likely to cause death.
315.
Act done with intent to prevent child being born alive or to cause it to die after birth.
315. Act done with intent to prevent child being born alive or to cause it to die after birth.--Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such
act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
316.
Causing death of quick unborn child by act amounting to culpablehomicide.
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 culpablehomicide, 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.
Concealment of birth by secret disposal of dead body.
Hurt.
Grievous 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.
Voluntarily causing grievous hurt.
322. Voluntarily causing grievous hurt.--Whoever voluntarilycauses hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt".
Explanation.-A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to
disfigure Z's face, gives Z a blow which does not permanently
| be likely to cause grievous hurtgrievous hurt of another kind. | of one | kind, he actually | causes | |||
|---|---|---|---|---|---|---|
| Illustration | ||||||
| A, intending of knowing | himself to | be | likely permanently | to | ||
disfigure Z's face, but which causes Z to suffer severe bodily painfor the space of twenty days. A has voluntarily caused grievous hurt.
323. Punishment for voluntarily causing hurt.
Punishment for voluntarily causing grievous hurt
Voluntarily causing grievous hurt by dangerous weapons or means.
326. Voluntarily causing grievous hurt by dangerous weapons or means.--Whoever, except in the case provided for by section 335,voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
327.
Voluntarily causing hurt to extort property, or to constrain to an illegal to an act.
Causing hurt by means of poison, etc., with intent to commit and offence.
Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.
Voluntarily causing hurt to extort confession or to compelrestoration of property.
320. Voluntarily causing hurt to extort confession or to compel restoration of property.--Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Illustriations
331.
Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.
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 anyinformation which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
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 anyproperty 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.
Voluntarily causing grievous hurt to deter public servant from his duty.
Voluntarily causing hurt on provocation.
Voluntarily causing grievous hurt on provocation.
Act endangering life or personal safety of others.
Causing hurt by act endangering life or personal safety of others.
337. Causing hurt by act endangering life or personal safety of others.--Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
1. Ins. by Act 8 of 1882, s. 8,
338.
Causing grievous hurt by act endangering life or personal safety of others.
Wrongful restraint.
339. Wrongful restraint.--Whoever voluntarily obstructs anyperson so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
Exception.-The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
340.
Wrongful confinement.
340. Wrongful confinement.--Whoever wrongfully restrains anyperson in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.
Illustrations
341.
Punishment for wrongful restraint.
Punishment for wrongful confinement.
Wrongful confinement for three or more days.
Wrongful confinement for ten or more days.
Wrongful confinement of person for whose liberation writ has been issued.
Wrongful confinement in secret.
Wrongful confinement to extort property, or constrain to illegal act.
Wrongful confinement to extort confession, or compel restoration of property.
Force.
349. Force.--A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling: Provided that the personcausing 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 anyfurther 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.
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
351.
Assault.
351. Assault.--Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
Explanation.-Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault.
Illustrations
352.
Punishment for assault or criminal force otherwise than on graveprovocation.
352. Punishment for assault or criminal force otherwise than on grave provocation.--Whoever assaults or uses criminal force to anyperson otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Explanation.-Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or
if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or
if the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
353.
Assault or criminal force to deter public servant from discharge of his duty.
Assault or criminal force to woman with intent to outrage her modesty.
Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.
Assault or criminal force in attempt to commit theft of propertycarried by a person.
Assault or criminal force in attempt wrongfully to confine a person.
Assault or criminal force on grave provocation.
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 simpleimprisonment 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.
Of kidnapping, abduction, slavery and forced labour
359.
Kidnapping.
Kidnapping from India.
Kidnapping from lawful guardianship.
361. Kidnapping from lawful guardianship.--Whoever takes or entices any minor under 2*[sixteen] years of age if a male, orunder 3*[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Explanation.-The words "lawful guardian" in this section include any person lawfully entrusted with the care or custody of such minor or other person.
Exception.-This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
362.
Abduction.
Punishment for kidnapping.
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.
363A.
Kidnapping or maiming a minor for purposes of begging.
2*[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 purposes 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.
(4) In this section,-
(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
364.
Kidnapping or abducting in order to murder.
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.
IIIustrations
section.
364A.
Kidnappin for ransom, etc.
3*364A. Kidnapping for ransom, etc.-Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable appreension that such personmay be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.
365.
Kidnapping or abducting with intent secretly and wrongfully to confine person.
Kidnapping, abducting or inducing woman to compel her marriage, etc.
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;3*[and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid].
4*[366A.
Procuration of minor girl.
6*[366A. Procuration of minor girl.--Whoever, by any means
whatsoever, induces any minor girl under the age of eighteen years togo 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.
366B.
Importation of girl from foreign country.
366B. Importation of girl from foreign country.--Whoever importsinto 2*[India] from any country outside India 7*[or from the State of Jammu and Kashmir] any girl under the age of twenty-one years withintent that she may be, or knowing it to be likely that she will be,forced or seduced to illicit intercourse with another person,
5* * * * *
shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.]
367.
Kidnapping or abducting in order to subject person to grievous hurt,slavery, etc.
Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
Kidnapping or abducting child under ten years with intent to steal from its person.
Buying or disposing of any person as a slave.
Habitual dealing in slaves.
Selling minor for purposes of prostitution, etc.
372. Selling minor for purposes of prostitution, etc.--Whoever sells, lets to hire, or otherwise disposes of any 2*[person under the age of eighteen years with intent that such person shall at anyage 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 also be liable to fine.
3*[Explanation I.-When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation II.-For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage, or by any union or tie which though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.]
373.
Buying minor for purposes of prostitution, etc.
373. Buying minor for purposes of prostitution, etc.--Whoever buys, hires or otherwise obtains possession of any 2*[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 also be liable to fine.
1*[Explanation I.-Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation II.-"Illicit intercourse" has the same meaning as in section 372.]
374.
Unlawful compulsory labour.
Rape.
375. Rape.--A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under
obtained by putting her or any person in whom she is interested
| 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 |
in fear of death or of hurt.
Fourthly.-With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly.-With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly.-With or without her consent, when she is under sixteen years of age.
Explanation.-Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception.-Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
376.
Punishment for rape.
376. Punishment for rape.--(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which mayextend 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 case, 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.
(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 women's 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 and orphanage or 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.
376A.
Intercourse by a man with his wife during separation.
376A. Intercourse by a man with his wife during separation.-- Whoever has sexual intercourse with his own wife, who is livingseparately 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.
376B.
Intercourse by public servant with woman in his custody.
376B. Intercourse by public servant with woman in his custody.-- Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
376C.
Intercourse by superintendent of jail, remand home, etc.
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 women'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 a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.
Explanation 2.-The expression "women's or children's institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.
376D.
Intercourse by any member of the management or staff of a hospital with any woman in that hospital.
376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital.--Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Explanation.-The expression "hospital" shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.]
Of unnatural offences
377.
Unnatural offences.
377. Unnatural offences.--Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of theft
378.
Theft.
378. Theft.--Whoever, intending to take dishonestly any movable
property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
Explanation 1.-A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
1. Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for life ".
Explanation 2.-A moving effected by the same act which effects the severance may be a theft.
Explanation 3.-A person is said to cause a thing to move byremoving an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.
Explanation 4.-A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.
Explanation 5.-The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
Illustrations
(g) A finds a ring lying on the high-road, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property.
379.
Punishment for theft.
Theft in dwelling house, etc.
Theft by clerk or servant of property in possession of master.
Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.
382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.--Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to anyperson, 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
committed the offence defined in this section.
Of extortion
383.
Extortion.
383. Extortion.--Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person anyproperty, or valuable security or anything signed or sealed which may be converted into a valuable security, commits "extortion".
Illustrations
384.
Punishment for extortion.
Putting person in fear of injury in order to commit extortion.
Extortion by putting a person in fear of death or grievous hurt.
Putting person in fear of death or of grievous hurt, in order to commit extortion.
Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.
388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.--Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 1*[imprisonment for life], or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with 1*[imprisonment for life].
389.
Putting person in fear or accusation of offence, in order to commit extortion.
389. Putting person in fear or accusation of offence, in order to commit extortion.--Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with 1*[imprisonment for life],or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with 1*[imprisonment for life].
Of robbery and dacoity
390.
Robbery.
390. Robbery.--In all robbery there is either theft or extortion.
When theft is robbery.
When theft is robbery.--Theft is "robbery" if, in order to thecommitting of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery.
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
391.
Dacoity.
391. Dacoity.--When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of personsconjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit "dacoity".
1. Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for life."
392.
Punishment for robbery.
Attempt to commit robbery.
Voluntarily causing hurt in committing robbery.
Punishment for dacoity.
Dacoity with murder.
Robbery or dacoity, with attempt to cause death or grievous hurt.
Attempt to commit robbery or dacoity when armed with deadly weapon.
Making preparation to commit dacoity.
Punishment for belonging to gang of dacoits.
Punishment for belonging to gang of thieves.
Assembling for purpose of committing dacoity.
Dishonest misappropriation of property.
403. Dishonest misappropriation of property.--Whoever dishonestlymisappropriates 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.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life."
Illustrations
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 or 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 such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it: it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found.
Illustrations
404.
Dishonest misappropriation of property possessed by deceased person at the time of his death.
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'sdecease, and has not since been in the possession of any personlegally 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.
Of criminal breach of trust
405.
Criminal breach of trust.
405. Criminal breach of trust.--Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust".
1*[2*[Explanation 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 employees' contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]
4*[Explanation 2.-A person, being an employer, who deducts the employees contribution from the wages payable to the employee for credit to the Employees' State Insurance Fund held and administered by the Employees' State Insurance Corporation established under the Employees' State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the
said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]
Illustrations
406.
Punishment for criminal breach of trust.
Criminal breach of trust by carrier, etc.
Criminal breach of trust by clerk or servant.
Criminal breach of trust by public servant, or by banker, merchant or agent.
409. Criminal breach of trust by public servant, or by banker, merchant or agent.--Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
OF TE RECEIVING OF STOLEN PROPERTY
410.
Stolen property.
Dishonestly receiving stolen property.
Dishonestly receiving property stolen in the commission of a dacoity.
Habitually dealing in stolen property.
Assisting in concealment of stolen property.
Cheating.
415. Cheating.--Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".
Explanation.-A dishonest concealment of facts is a deceptionwithin 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.
416.
Cheating by personation.
416. Cheating by personation.--A person is said to "cheat bypersonation" if he cheats by pretending to be some other person, or by knowingly substituting one person for or 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.
Illustrations
417.
Punishment for cheating.
Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.
Punishment for cheating by personation.
Cheating and dishonestly inducing delivery of property.
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
Dishonestly or fraudulently preventing debt being available for creditors.
Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
Dishonest or fraudulent removal or concealment of property.
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.
Of mischief
425.
Mischief.
425. Mischief.--Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".
Explanation 1.-It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2.-Mischief may be committed by an act affectingproperty belonging to the person who commits the act, or to that person and others jointly.
Illustrations
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop. A has committed mischief.
426.
Punishment for mischief.
Mischief causing damage to the amount of fifty rupees.
Mischief by killing or maiming animal of the value of ten rupees.
Mischief by killing or maiming cattle, etc., of any value or anyanimal of the value of fifty rupees.
Mischief by injury to works of irrigation or by wrongfully diverting water.
Mischief by injury to public road, bridge, river or channel.
Mischief by causing inundation or obstruction to public drainageattended with damage.
Mischief by destroying, moving or rendering less useful a light-house or sea-mark.
Mischief by destroying or moving, etc., a land-mark fixed by publicauthority.
Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees.
Mischief by fire or explosive substance with intent to destroy house, etc.
Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.
437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.--Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
200
438.
Punishment for the mischief described in section 437 committed by fire or explosive substance.
Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
Mischief committed after preparation made for causing death or hurt.
Criminal trespass.
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".
442.
House-trespass.
Lurking house-trespass.
Lurking house-trespass by night.
House-breaking.
445. House-breaking.--A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of it in such six ways, that is to say :-
First.-If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.
1. Subs. by act. 26 of 1955, s. 117 and Sch., for "transportation for life".
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 ofthe house after a house-trespass.
Fifthly.-If he effects his entrance or departure by usingcriminal 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
446.
House-breaking by night.
Punishment for criminal trespass.
Punishment for house-trespass.
House-trespass in order to commit offence punishable with death.
House-trespass in order to commit offence punishable with imprisonment for life.
House-trespass in order to commit offence punishable with imprisonment.
House-trespass alter preparation for hurt, assault or wrongful restraint.
Punishment for lurking house-trespass or house-breaking.
Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.
Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.
Punishment for lurking house-trespass or house-breaking by night.
Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.
Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.
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.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".
459.
Grievous hurt caused whilst committing lurking house-trespass or house-breaking.
All persons jointly concerned in lurking house-trespass or house- breaking by night punishable where death or grievous hurt caused by one of them.
Dishonestly breaking open receptacle containing property.
Punishment for same offence when committed by person entrusted with custody.
462. Punishment for same offence when committed by personentrusted 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.
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO 2****PROPERTY MARKS
463.
Forgery.
Making a false document.
464. Making a false document.--A person is said to make a false document-
First.-Who dishonestly or fraudulently makes, signs, seals or executes 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 byreason of deception practised upon him, he does not know the contents of the document or the nature of the alteration.
(w.e.f. 25-11-1959).
Illustrations
(a) A has a letter of credit upon B for rupees 10,000, written by
Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down a different 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.
Explanation I.-A man's signature of his own name may amount to forgery.
Illustrations
Explanation 2.-The making of a false document in the name of a fictious person, intending it to be believed that the document was made by real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.
Illustration
A draws a bill of exchange upon a fictious 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.
Forgery of record of Court or of public register, etc.
206
Forgery of valuable security, will, etc.
Forgery for purpose of cheating.
Forgery for purpose of harming reputation.
Forged document.
Using as genuine a forged document.
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467.
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise.
Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine.
474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine.--Whoever has in his possession any document, knowing the same to be forged, 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. s. 117 and Sch., for "transportation for life".
207
475.
Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material.
Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material.
Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
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.
477A.
Falsification of accounts.
2*[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 from 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 anyparticular person intended to be defrauded or specifying anyparticular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.]
3*[Of 4****property and other marks
478.
[Repealed.]
478. [Trade Mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958),s. 135 and Sch. (w. e. f. 25-11-1959).
(w.e.f. 25-11-1959).
479.
Property mark.
1*479. Property mark.--A mark used for denoting that movable property belongs to a particular person is called a property mark.
480.
[Repealed.]
Using a false property mark.
Punishment for using a false property mark.
Counterfeiting a property mark used by another.
Counterfeiting a mark used by a public servant.
Making or possession of any instrument for counterfeiting a property mark.
4*[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 proper 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.]
486.
Selling goods marked with a counterfeit property mark.
486. Selling goods marked with a counterfeit property mark.--5*[Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark] affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves-
(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.
487.
Making a false mark upon any receptacle containing goods.
Punishment for making use of any such false mark.
Tampering with property mark with intent to cause injury.
489. Tampering with property mark with intent to cause injury.-- Whoever removes, destroys, defaces or adds to any property mark,intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]
1*[Of currency-notes and bank-notes
489A.
Counterfeiting currency-notes or bank-notes.
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.
489B.
Using as genuine, forged or counterfeit currency-notes or bank-notes.
489B. Using as genuine, forged or counterfeit currency-notes or bank-notes.--Whoever sells to, or buys or receives from, any otherperson, 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.
210
489C.
Possession of forged or counterfeit currency-notes or bank-note.
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.
489D.
Making or possessing instruments or materials for forging or counterfeiting currency notes or bank-notes.
489D. Making or possessing instruments or materials for forging or counterfeiting currency notes or bank-notes.--Whoever makes, or performs any part of the process of making, or buys of sells or disposes of, or has in his possession, any machinery, instrument of 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 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.]
489E.
Making or using documents resembling currency-notes or bank-notes.
2*[489E. Making or using documents resembling currency-notes or bank-notes.--(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees.
(2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees.
(3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub- section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made.]
CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
490.
Breach of contract to attend on and supply wants of helpless person.
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), s. 2 and Sch.
CHAPTER XX
OF OFFENCES RELATING TO MARRIAGE
CHAPTER XX
OF OFFENCES RELATING TO MARRIAGE
493.
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
Marrying again during lifetime of husband or wife.
494. Marrying again during lifetime of husband or wife.--Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
495.
Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.
Marriage ceremony fraudulently gone through without lawful marriage.
Adultery.
Enticing or taking away or detaining with criminal intent a married woman.
498. Enticing or taking away or detaining with criminal intent a married woman.--Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any suchwoman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CHAPTER XXA
OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
1*[CHAPTER XXA
OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
498A.
Husband or relative of husband of a woman subjecting her to cruelty.
498A. Husband or relative of husband of a woman subjecting her to cruelty.--Whoever, being the husband or the relative of the husband ofa 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.
1. Chapter XXA inserted by Act 46 of 1983, s. 2.
Explanation.-For the purposes of this section, "cruelty" means-
CHAPTER XXI
OF DEFAMATION
CHAPTER XXI
OF DEFAMATION
499.
Defamation.
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 excepted, to defame that person.
Explanation 1.-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the fellings 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'sreputation, 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 lothsome state, or in a state generally considered as disgraceful.
Illustrations
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 good faith any opinion whatever respecting the conduct of a public servant in the discharge of his publicfunctions, or respecting his character, so far as his character appears in that conduct, and no further.
Third Exception.-Conduct of any person touching any publicquestion. -It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any publicquestion, and respecting his character, so far as his character appears in that conduct, and no further.
Illustration
It is not defamation in A to express in good faith any opinion whatever resepting 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 at 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 a 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 enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.
Fifth Exception.-Merits of case decided in Court or conduct of witnesses and others concerned. It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
Illustrations
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 farther.
Explanation.-A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.
Illustrations
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 censure on the conduct | with that other, to pass in good faith any of that other in matters to which such lawful |
| authority relates. | |
| Illustration |
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier- are within this exception.
Eighth Exception.-Accusation preferred in good faith to authorised person.-It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration
If A in good faith accuses 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, a 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 interest of the person making it, or of any other person, or for the public good.
Illustrations
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.
Printing or engraving matter known to be defamatory.
Sale of printed or engraved substance containing defamatory matter.
502. Sale of printed or engraved substance containing defamatory matter.--Whoever sells or offers for sale any printed or engravedsubstance 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
CHAPTER XXII
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
503.
Criminal intimidation.
503. Criminal intimidation.--Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Explanation.-A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.
Illustration
A, for the purpose of inducing B to resist 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.
Statements conducing public mischief.
1*[505. Statements conducing public mischief.--2*[(1)] Whoever makes, publishes or circulates any statement, rumour or report,-
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community,
shall be punished with imprisonment which may extend to 1*[three years], or with fine, or with both.
2*[(2) Statements creating or promoting enmity, hatred or ill- will between classes.--Whoever makes, publishes or circulates anystatement 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 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.]
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 2[in good faith and] without any such intent as aforesaid.]
506.
Punishment for criminal intimidation.
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.
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 3*[imprisonment for life], of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
507.
Criminal intimidation by an anonymous communication.
Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.
508. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.--Whoever voluntarilycauses or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Illustrations
509.
Word, gesture or act intended to insult the modesty of a woman.
Misconduct in public by a drunken person.
510. Misconduct in public by a drunken person.--Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
511.
Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.
511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.--Whoever attempts to commit an offence punishable by this Code with 1*[imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with 2*[imprisonment o f any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one- half of the longest term of imprisonment provided for that offence], or with such fine as is provided for the offence, or with both.
Illustrations