1THE INDIAN PENAL CODE
CHAPTER I
INTRODUCTIONPREAMBLESECTIONS
1. Title and extent of
operation of the Code.
2. Punishment of offences committed within India.
3.
Punishment of offences committed beyond, but which by law may be tried within,
India.
4. Extension of Code to extra-territorial offences.5. Certain laws not to
be affected by this Act.
CHAPTER II
GENERAL EXPLANATIONS6. Definitions in the Code to be
understood subject to exceptions.
7. Sense of expression once explained.
8.
Gender.
9. Number.
10. “Man”. “Woman”.
11. “Person”.
12. “Public”.
13.
[Omitted.].
14. “Servant of Government”.
15. [Repealed.].
16. [Repealed.].
17.
“Government”.
18. “India”.
19. “Judge”.
20. “Court of Justice”.
21. “Public
servant”.
22. “Moveable property”.
23. “Wrongful gain”.“Wrongful loss”.Gaining
wrongfully/ Losing wrongfully.
24. “Dishonestly”.
25. “Fraudulently”.
26. “Reason
to believe”.
27. Property in possession of wife, clerk or servant.
28.
“Counterfeit”.
29. “Document”.29A. “Electronic record”.
30. “Valuable
security”.
31. “A will”.
32. Words referring to acts include illegal
omissions.
33. “Act”.“Omission”.
34. Acts done by several persons in furtherance
of common intention.
35. When such an act is criminal by reason of its being
done with a criminal knowledge or intention.
36. Effect caused partly by act and
partly by omission.
37. Co-operation by doing one of several acts constituting
an offence.2SECTIONS
38. Persons concerned in criminal act may be guilty of
different offences.
39. “Voluntarily”.
40. “Offence”.
41. “Special law”.
42. “Local
law”.
43. “Illegal”.“Legally bound to do”.
44. “Injury”.
45. “Life”.
46.
“Death”.
47. “Animal”.48. “Vessel”.
49. “Year”.“Month”.
50. “Section”.
51.
“Oath”.
52. “Good faith”.52A.
“Harbour-“.
CHAPTER III
OF PUNISHMENTS53. Punishments.53A. Construction of
reference to transportation.54. Commutation of sentence of death.55.
Commutation of sentence of imprisonment for life.55A. Definition of
"appropriate Government".56. [Repealed.].57. Fractions of terms of
punishment.58. [Repealed.].59. [Repealed.].60. Sentence may be (in certain cases
of imprisonment) wholly or partly rigorous of simple.61. [Repealed.].62.
[Repealed.].63. Amount of fine.64. Sentence of imprisonment for non-payment of
fine.65. Limit to imprisonment for non-payment of fine, when imprisonment and
fine awardable.66. Description of imprisonment for non-payment of fine.67.
Imprisonment for non-payment of fine, when offence punishable with fine
only.68. Imprisonment to terminate on payment of fine.69. Termination of
imprisonment on payment of proportional part of fine.70. Fine leviable within
six years, of during imprisonment. Death not to discharge property from
liability.71. Limit of punishment of offence made up of several offences.72.
Punishment of person guilty of one of several offences, the judgment stating
that is doubtful of which.73. Solitary confinement.74. Limit of solitary
confinement.75. Enhanced punishment for certain offences under Chapter XII or
Chapter XVII after previousconviction.
CHAPTER IV
GENERAL EXCEPTIONS76. Act done by a person bound, or
by mistake of fact believing himself bound, by law.77. Act of Judge when acting
judicially.78. Act done pursuant to the judgment or order of Court.79. Act done
by a person justified, or by mistake of fact believing himself justified, by
law.80. Accident in doing a lawful act.81. Act likely to cause harm, but done
without criminal intent, and to prevent other harm.3SECTIONS82. Act of a child
under seven years of age.83. Act of a child above seven and under twelve of
immature understanding.84. Act of a person of unsound mind.85. Act of a person
incapable of judgment by reason of intoxication caused against his will.86.
Offence requiring a particular intent or knowledge committed by one who is intoxicate
ed.87. Act not intended and not known to be likely to cause death or grievous
hurt, done by consent.88. Act not intended to cause death, done by consent in
good faith for person's benefit.89. Act done in good faith for benefit of child
or insane person, by or by co n sent of guardian.Provisos.90. Consent known to
be given under fear or misconception. Consent of insane person. Consent of
child.91. Exclusion of acts which are offences independently of harm caused.92.
Act done in good faith for benefit of a person without consent.Provisos.93.
Communication made in good faith.94. Act to which a person is compelled by
threats.95. Act causing slight harm. of the Right of Private Defense96. Things
done in private defence.97. Right of private defence of the body and of
property.98. Right of private defence against the act of a person of unsound
mind. etc.99. Acts against which there is no right of private defence. Extent
to which the right may be exercised.100.When the right of private defence of
the body extends to causing death.101.When such right extends to causing any
harm other than death.102.Commencement and continuance of the right of private
defence of the body.103.When the right of private defence of property extends
to causing death.104.When such right extends to causing any harm other than
death.105.Commencement and continuance of the right of private defence of
property.106.Right of private defence against deadly assault when there is risk
of harm to innocent person.
CHAPTER V
OF ABETMENT107.Abetment of a thing.108.Abettor.108A.
Abetment in Indian of offences outside India.109.Punishment of a abetment if
the act abetted is committed in consequence and when no express provision is
made for its punishment.110.Punishment of abetment if person abetted does act
with different intention from that of abettor.111.Liability of abettor when one
act abetted and different act done.112.Abettor when liable to cumulative
punishment for act abetted and for act done.113.Liability of abettor for an
effect caused by the act abetted different from that intended by the
abettor.114.Abettor present when offence is committed.115.Abetment of offence
punishable with death or imprisonment for life.—if offence not committed. If
act causing harm be done in consequence.116.Abetment of offence punishable with
imprisonment.—if offence be not committed. If abettor or person abetted be a
public servant whose duty it is to prevent offence.117.Abetting commission of
offence by the public or by more than ten persons.118.Concealing design to
commit offence punishable with death or imprisonment for life. If offence be committed;
if offence be not committed.119.Public servant concealing design to commit
offence which it is his duty to prevent. If offence be committed; if offence be
punishable with death, etc. if offence be not committed.120.Concealing design
to commit offence punishable with imprisonment. If offence be committed; if
offence be not committed.4
CHAPTER V
ACRIMINALCONSPIRACYSECTIONS120A. Definition of
criminal conspiracy.120B. Punishment of criminal conspiracy.
CHAPTER VI
OF OFFENCES AGAINST THE STATE
121. Waging, or attempting to wage war, or abetting
waging of war, against the Government of India.121A. Conspiracy to commit
offences punishable by section 121.122. Collecting arms, etc., with intention
of waging war against the Government of India.123. Concealing with intent to
facilitate design to wage war.124. Assaulting President. Governor, etc., with
intent to compel or restrain the exercise of any lawful power.124A.
Sedition.125. Waging war against any Asiatic power in alliance with the
Government of India.126. Committing depredation on territories of power at
peace with the Government of India.127. Receiving property taken by war or
depredation mentioned in sections 125 and 126.128. Public servant voluntarily
allowing prisoner of State or war to escape.129. Public servant negligently
suffering such prisoner to escape.130. Aiding escape of, rescuing or harbouring
such prisoner.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVYAND AIR
FORCE131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman
from his duty.132. Abetment of mutiny, if mutiny is committed in consequence
thereof.133. Abetment of assault by soldier, sailor or airman on his superior
officer, when in execution of his office.134. Abetment of such assault, if the
assault is committed.135. Abetment of desertion of soldier, sailor or
airman.136. Harbouring deserter.137. Deserter concealed on board merchant
vessel through negligence of master.138. Abetment of act of insubordination by
soldier, sailor or airman.138A. [Repealed.].139. Persons subject to certain
Acts.140. Wearing garb or carrying token used by soldier, sailor or airman.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY141.
Unlawful assembly.142. Being member of unlawful assembly.143. Punishment.144.
Joining unlawful assembly armed with deadly weapon.145. Joining or continuing
in unlawful assembly, knowing it has been commanded to disperse.146.
Rioting.147. Punishment for rioting.148. Rioting, armed with deadly weapon.149.
Every member of unlawful assembly guilty of offence committed in prosecution of
common object.150. Hiring, or conniving at hiring, of persons to join unlawful
assembly.151. Knowingly joining or continuing in assembly of five or more
persons after it has been commanded to disperse.152. Assaulting or obstructing
public servant when suppressing riot, etc.153. Wantonly giving provocation,
with intent to cause riot—if rioting be committed; if not committed.153A.
Promoting enmity between different groups on grounds of religion, race, place
of birth, residence. Language, etc., and doing acts prejudicial to maintenance
of harmony. Offence committed in place of worship, etc.153AA. Punishment for
knowingly carrying arms in any procession or organizing, or holding or taking
part in any mass drill or mass training with arms.153B. Imputation, assertions
prejudicial to national-integration.154. Owner or occupier of land on which an
unlawful assembly is held.155. Liability of person for whose benefit riot is
committed.156. Liability of agent of owner or occupier for whose benefit riot
is committed.157. Harbouring persons hired for an unlawful
assembly.5SECTIONS158. Being hired to take part in an unlawful assembly or
riot; or to go armed.159. Affray.160. Punishment for committing affray.
CHAPTER IX
OF OFFENCESBY OR RELATING TO PUBLIC SERVANTS161.
[Repealed.].162. [Repealed.].163. [Repealed.].164. [Repealed.].165.
[Repealed.].165A. [Repealed.].166. Public servant disobeying law, with intent
to cause injury to any person.166A. Public servant disobeying direction under law.166B.
Punishment for non-treatment of victim.167. Public servant framing an incorrect
document with intent to cause injury.168. Public servant unlawfully engaging in
trade.169. Public servant unlawfully buying or bidding for property.170.
Personating a public servant.171. Wearing garb or carrying token used by public
servant with fraudulent intent.
CHAPTER IXAOF OFFENCESRELATING TO ELECTIONS171A.
“Candidate”, “Electoral right” defined.171B. Bribery.171C. Undue influence at
elections.171D.Personation at elections.171E. Punishment for bribery.171F.
Punishment for undue influence or personation at an election.171G.False
statement in connection with an election.171H. Illegal payments in connection
with an election.171-I. Failure to keep election accounts.
CHAPTER XOF CONTEMPTS OF THE LAWFUL AUTHORITY OF
PUBLIC SERVANTS172. Absconding to avoid service of summons of other
proceeding.173. Preventing service of summons or other proceeding, or
preventing publication thereof.174. Non-attendance in obedience to an order
from public servant.174A. Non-appearance in response to a proclamation under
section 82 of Act 2 of 1974.175. Omission to produce document to public servant
by person legally bound to produce it.176. Omission to give notice or
information to public servant by person legally bound to give it.177.
Furnishing false information.178. Refusing oath or affirmation when duly
required by public servant to make it.179. Refusing to answer public servant
authorised to question.180. Refusing to sign statement.181. False statement on
oath or affirmation to public servant or person authorised to administer an
oath oraffirmation.182. False information, with intent to cause public servant
to use his lawful power to the injury of another person.183. Resistance to the
taking of property by the lawful authority of a public servant.184. Obstructing
sale of property offered for sale by authority of public servant.185. Illegal
purchase or bid for property offered for sale by authority of public
servant.186. Obstructing public servant in discharge of public functions.187.
Omission to assist public servant when bound by law to give assistance.188.
Disobedience to order duly promulgated by public servant.189. Threat of injury
to public servant.190. Threat of injury to induce person to refrain from
applying for protection to public servant.
CHAPTER XI
OF FLSEEVIDENCE AND OFFENCES AGAINST PUBLIC
JUSTICE191. Giving false evidence.6SECTIONS192. Fabricating false evidence.193.
Punishment for false evidence.194. Giving or fabricating false evidence with
intent to procure conviction of capital offence.if innocent person be thereby
convicted and executed.195. Giving or fabricating false evidence with intent to
procure conviction of offence punishable with imprisonment for lifeor
imprisonment.195A. Threatening any person to give false evidence.196. Using
evidence known to be false.197. Issuing or signing false certificate.198. Using
as true a certificate known to be false.199. False statement made in
declaration which is by law receivable as evidence.200. Using as true such
declaration knowing it to be false.201. Causing disappearance of evidence of
offence, or giving false information, to screen offender—if a capital offence; if
punishable with imprisonment for life;if punishable with less than ten Years'
imprisonment.202. Intentional omission to give information of offence by person
bound to inform.203. Giving false information respecting an offence
committed.204. Destruction of document to prevent its production as
evidence.205. False personation for purpose of act or proceeding in suit or
prosecution.206. Fraudulent removal or concealment of property to prevent its
seizure as forfeited or in execution.207. Fraudulent claim to property to
prevent its seizure as forfeited or in execution.208. Fraudulently suffering
decree for sum not due.209. Dishonestly making false claim in Court.210.
Fraudulently obtaining decree for sum not due.211. False charge of offence made
with intent to injure.212. Harbouring offender.—if a capital offence; if
punishable with imprisonment for life, or with imprisonment.213. Taking gift,
etc., to screen an offender from punishment.—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 if a capital offence;
if punishable with imprisonment for life, or with imprisonment.215. Taking gift
to help to recover stolen property, etc.216. Harbouring offender who has
escaped from custody of whose apprehension has been ordered -if a capital offence;
if punishable with imprisonment for life, or with imprisonment.216A. Penalty
for harbouring robbers or dacoits.216B. [Repealed.]217. Public servant
disobeying direction of law with intent to save person from punishment or
property from forfeiture.218. Public servant framing incorrect record or
writing with intent to save person from punishment or property
fromforfeiture.219. Public servant in judicial proceeding corruptly making
report, etc., contrary to law.220. Commitment for trial or confinement by
person having authority who knows that he is acting contrary to law.221.
Intentional omission to apprehend on the part of public servant bound to
apprehend.222. Intentional omission to apprehend on the part of public servant
bound to apprehend person under sentence or lawfullycommitted.223. Escape from
confinement or custody negligently suffered by public servant.224. Resistance
or obstruction by a person to his lawful apprehension.225. Resistance or
obstruction to lawful apprehension of another person.225A. Omission to
apprehend, or sufferance of escape, on part of public servant, in cases not
otherwise, provided for.225B. Resistance or obstruction to lawful apprehension,
or escape or rescue in cases not otherwise provided for.226. [Repealed.]227.
Violation of condition of remission of punishment.228. Intentional insult or
interruption to public servant sitting in judicial proceeding.228A. Disclosure
of identity of the victim of certain offences, etc.229. Personation of a juror
or assessor.229A. Failure by person released on bail or bond to appear in
Court.7CHAPTER XIIOF OFFENCES RELATING TO COIN AND GOVERNMENT
STAMPSSECTIONS230. “Coin” defined. Indian coin.231. Counterfeiting coin.232.
Counterfeiting Indian coin.233. Making or selling instrument for counterfeiting
coin.234. Making or selling instrument for counterfeiting Indian coin.235.
Possession of instrument or material for the purpose of using the same for
counterfeiting coin:if Indian coin.236. Abetting in India the counterfeiting
out of India of coin.237. Import or export of counterfeit coin.238. Import or
export of counterfeits of the Indian coin.239. Delivery of coin, possessed with
knowledge that it is counterfeit.240. Delivery of Indian coin, possessed with
knowledge that it is counterfeit.241. Delivery of coin as genuine, which, when
first possessed, the deliverer did not know to be counterfeit.242. Possession
of counterfeit coin by person who knew it to be counterfeit when he became
possessed thereof.243. Possession of Indian coin by person who knew it to be
counterfeit when he became possessed thereof.244. Person employed in mint
causing coin to be of different weight or composition from that fixed by
law.245. Unlawfully taking coining instrument from mint.246. Fraudulently or
dishonestly diminishing weight or altering composition of coin.247.
Fraudulently or dishonestly diminishing weight or altering composition of
Indian coin.248. Altering appearance of coin with intent that it shall pass as
coin of different description.249. Altering appearance of Indian coin with
intent that it shall pass as coin of different description.250. Delivery of
coin, possessed with knowledge that it is altered.251. Delivery of Indian coin,
possessed with knowledge that it is altered.252. Possession of coin by person
who knew it to be altered when he became possessed thereof.253. Possession of
Indian coin by person who knew it to be altered when he became possessed
thereof.254. Delivery of coin as genuine which, when first possessed, the
deliverer did not know to be altered.255. Counterfeiting Government stamp.256.
Having possession of instrument or material for counterfeiting Government
stamp.257. Making or selling instrument for counterfeiting Government
stamp.258. Sale of counterfeit Government stamp.259. Having possession of
counterfeit Government stamp.260. Using as genuine a Government stamp known to
be counterfeit.261. Effacing writing from substance bearing Government stamp,
or removing from document a stamp used for it, with intent to cause loss to Government.262.
Using Government stamp known to have been before used.263. Erasure of mark
denoting that stamp has been used.263A. Prohibition of fictitious stamps.
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES264.
Fraudulent use of false instrument for weighing.265. Fraudulent use of false
weight or measure.266. Being In possession of false weight or measure.267.
Making or selling false weight or measure.
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,
CONVENIENCE,DECENCYAND MORALS268. Public nuisance.269. Negligent act likely to
spread infection of disease dangerous to life.270. Malignant act likely to
spread infection of disease dangerous to life.271. Disobedience to quarantine
rule.272. Adulteration of food or drink intended for sale.273. Sale of noxious
food or drink.274. Adulteration of drugs.8SECTIONS275. Sale of adulterated
drugs.276. Sale of drug as a different drug or preparation.277. Fouling water
of public spring or reservoir.278. Making atmosphere noxious to health.279.
Rash driving or riding on a public way.280. Rash navigation of vessel.281.
Exhibition of false light, mark or buoy.282. Conveying person by water for hire
in unsafe or overloaded vessel.283. Danger or obstruction in public way or line
of navigation.284. Negligent conduct with respect to poisonous substance.285.
Negligent conduct with respect to fire or combustible matter.286. Negligent
conduct with respect to explosive substance.287. Negligent conduct with respect
to machinery.288. Negligent conduct with respect to pulling down or repairing
buildings.289. Negligent conduct with respect to animal.290. Punishment for
public nuisance in cases not otherwise provided for.291. Continuance of
nuisance after injunction to discontinue.292. Sale, etc., of obscene books, etc.293.
Sale, etc., of obscene objects to young person.294. Obscene acts and
songs.294A. Keeping lottery office.
CHAPTER XV
OF OFFENCESRELATING TO RELIGION295. Injuring or
defiling place of worship, with intent to insult the religion of any
class.295A. Deliberate and malicious acts, intended to outrage religious
feelings of any class by insulting itsreligion or religious beliefs.296.
Disturbing religious assembly.297. Trespassing on burial places, etc.298.
Uttering words, etc., with deliberate intent to wound the religious feelings.
CHAPTER XVI
OF OFFENCESAFFECTINGTHE HUMAN BODY Of offences
affecting life299. Culpable homicide.300. Murder. When culpable homicide is not
murder.301. Culpable homicide by causing death of person other than person
whose death was intended.302. Punishment for murder.303. Punishment for murder
by life-convict.304. Punishment for culpable homicide not amounting to
murder.304A. Causing death by negligence.304B. Dowry death.305. Abetment of
suicide of child or insane person.306. Abetment of suicide.307. Attempt to murder.
Attempts by life-convicts.308. Attempt to commit culpable homicide.309. Attempt
to commit suicide.310. Thug.311. Punishment. Of the causing of Miscarriage, of
Injuries to unborn Children, of the Exposure of Infants, and of the concealment
of Births312. Causing miscarriage.313. Causing miscarriage without woman's
consent.314. Death caused by act done with intent to cause miscarriage. If act
done without woman's consent.315. Act done with intent to prevent child being
born alive or to cause it to die after birth.316. Causing death of quick unborn
child by act amounting to culpable homicide.9SECTIONS317. Exposure and
abandonment of child under twelve years, by parent or person having care of
it.318. Concealment of birth by secret disposal of dead body. Of Hurt319.
Hurt.320. Grievous hurt.321. Voluntarily causing hurt.322. Voluntarily causing
grievous hurt.323. Punishment for voluntarily causing hurt.324. Voluntarily
causing hurt by dangerous weapons or means.325. Punishment for voluntarily
causing grievous hurt.326. Voluntarily causing grievous hurt by dangerous
weapons or means.326A. Voluntarily causing grievous hurt by use of acid,
etc.326B. Voluntarily throwing or attempting to throw acid.327. Voluntarily
causing hurt to extort property, or to constrain to an illegal act.328. Causing
hurt by means of poison, etc., with intent to commit an offence.329.
Voluntarily causing grievous hurt to extort property, or to constrain to an
illegal act.330. Voluntarily causing hurt to extort confession, or to compel
restoration of property.331. Voluntarily causing grievous hurt to extort
confession, or to compel restoration of property.332. Voluntarily causing hurt
to deter public servant from his duty.333. Voluntarily causing grievous hurt to
deter public servant from his duty.334. Voluntarily causing hurt on
provocation.335. Voluntarily causing grievous hurt on provocation.336. Act
endangering life or personal safety of others.337. Causing hurt by act
endangering life or personal safety of others.338. Causing grievous hurt by act
endangering life or personal safety of others. Of wrongful restraint and
wrongful confinement339. Wrongful restraint.340. Wrongful confinement.341.
Punishment for wrongful restraint.342. Punishment for wrongful confinement.343.
Wrongful confinement for three or more days.344. Wrongful confinement for ten
or more days.345. Wrongful confinement of person for whose liberation writ has
been issued.346. Wrongful confinement in secret.347. Wrongful confinement to
extort property, or constrain to illegal act.348. Wrongful confinement to
extort confession, or compel restoration of property.Of Criminal Force and
Assault349. Force.350. Criminal force.351. Assault.352. Punishment for assault
or criminal force otherwise than on grave provocation.353. Assault or criminal
force to deter public servant from discharge of his duty.354. Assault of
criminal force to woman with intent to outrage her modesty.354A. Sexual
harassment and punishment for sexual harassment.354B. Assault or use of
criminal force to woman with intent to disrobe.354C. Voyeurism.354D.
Stalking.355. Assault or criminal force with intent to dishonour person,
otherwise than on grave provocation.356. Assault or criminal force in attempt
to commit theft of property carried by a person.357. Assault or criminal force
in attempt wrongfully to confine a person.358. Assault or criminal force on
grave provocation. Of Kidnapping, Abduction, Slavery and Forced Labour359.
Kidnapping.360. Kidnapping from India.361. Kidnapping from lawful guardianship.362.
Abduction.363. Punishment for kidnapping.363A. Kidnapping or maiming a minor
for purposes of begging.364. Kidnapping or abducting in order to
murder.10SECTIONS364A. Kidnapping for ransom, etc.365. Kidnapping or abducting
with intent secretly and wrongfully to confine person.366. Kidnapping,
abducting or inducing woman to compel her marriage, etc.366A. Procuration of
minor girl.366B. Importation of girl from foreign country.367. Kidnapping or
abducting in order to subject person to grievous hurt, slavery, etc.368.
Wrongfully concealing or keeping in confinement, kidnapped or abducted
person.369. Kidnapping or abducting child under ten years with intent to steal
from its person.370. Trafficking of person.370A. Exploitation of a trafficked
person.371. Habitual dealing in slaves.372. Selling minor for purposes of
prostitution, etc.373. Buying minor for purposes of prostitution, etc.374.
Unlawful compulsory labour. Sexual offences375. Rape.376. Punishment for
rape.376A. Punishment for causing death or resulting in persistent vegetative
state of victim.376AB. Punishment for rape on woman under twelve years of
age.376B. Sexual intercourse by husband upon his wife during separation.376C.
Sexual intercourse by a person in authority.376D. Gang rape. 376DA.Punishment
for gang rape on woman under sixteen years of age. 376DB.Punishment for gang
rape on woman under twelve years of age.376E. Punishment for repeat offenders.
Of Unnatural offences377. Unnatural offences. CHAPTER XVIIOF OFFENCES AGAINST PROPERTY
Of Theft378. Theft.379. Punishment for theft.380. Theft in dwelling house,
etc.381. Theft by clerk or servant of property in possession of master.382.
Theft after preparation made for causing death, hurt or restraint in order to
the committing of the theft.Of Extortion383. Extortion.384. Punishment for
extortion.385. Putting person in fear of injury in order to commit
extortion.386. Extortion by putting a person in fear of death on grievous
hurt.387. Putting person in fear of death or of grievous hurt, in order to commit
extortion.388. Extortion by threat of accusation of an offence punishable with
death or imprisonment for life, etc.389. Putting person in fear of accusation
of offence, in order to commit extortion. Of Robbery and Dacoity390. Robbery.
When theft is robbery. When extortion is robbery.391. Dacoity.392. Punishment
for robbery.393. Attempt to commit robbery.394. Voluntarily causing hurt in
committing robbery.395. Punishment for dacoity.396. Dacoity with murder.397.
Robbery, or dacoity, with attempt to cause death or grievous hurt.398. Attempt
to commit robbery or dacoity when armed with deadly weapon.399. Making
preparation to commit dacoity.400. Punishment for belonging to gang of
dacoits.401. Punishment for belonging to gang of thieves.402. Assembling for purpose
of committing dacoity.11Of Criminal Misappropriation of PropertySECTIONS403.
Dishonest misappropriation of property.404. Dishonest misappropriation of
property possessed by deceased person at the time of his death. Of Criminal
Breach of Trust405. Criminal breach of trust.406. Punishment for criminal
breach of trust.407. Criminal breach of trust by carrier, etc.408. Criminal
breach of trust by clerk or servant.409. Criminal breach of trust by public,
servant. or by banker, merchant or agent. Of the Receiving of Stolen
Property410. Stolen property.411. Dishonestly receiving stolen property.412.
Dishonestly receiving property stolen in the commission of a dacoity.413.
Habitually dealing in stolen property.414. Assisting in concealment of stolen property.
Of Cheating415. Cheating.416. Cheating by personation.417. Punishment for
cheating.418. Cheating with knowledge that wrongful loss may ensue to person
whose interest offender is bound to protect.419. Punishment for cheating by
personation.420. Cheating and dishonestly inducing delivery of property. Of
Fraudulent Deeds and Dispositions of Property421. Dishonest or fraudulent
removal or concealment of property to prevent distribution among creditor.422.
Dishonestly or fraudulently preventing debt being available for creditors.423.
Dishonest or fraudulent execution of deed of transfer containing false
statement of consideration.424. Dishonest or fraudulent removal or concealment
of property.Of Mischief425. Mischief.426. Punishment for mischief.427. Mischief
causing damage to the amount of fifty rupees.428. Mischief by killing or
maiming animal of the value of ten rupees.429. Mischief by killing or maiming
cattle, etc., of any value or any animal of the value of fifty rupees.430.
Mischief by injury to works of irrigation or by wrongfully diverting water.431.
Mischief by injury to public road, bridge, river or channel.432. Mischief by
causing inundation or obstruction to public drainage attended with damage.433.
Mischief by destroying, moving or rendering less useful a light-house or
sea-mark.434. Mischief by destroying or moving, etc., a land-mark fixed by
public authority.435. Mischief by fire or explosive substance with intent to
cause damage to amount of one hundred or (in case of agricultural produce ) ten
rupees.436. Mischief by fire or explosive substance with intent to destroy
house, etc.437. Mischief with intent to destroy or make unsafe a decked vessel
or one of twenty tons burden.438. Punishment for the mischief described in
section 437 committed by fire or explosive substance.439. Punishment for
intentionally running vessel a ground, or ashore with intent to commit theft,
etc.440. Mischief committed after preparation made for causing death or hurt.Of
Criminal Trespass441. Criminal trespass.442. House-trespass.443. Lurking
house-trespass.444. Lurking house-trespass by night.445. House-breaking.446.
House-breaking by night.447. Punishment for criminal trespass.448. Punishment
for house-trespass.449. House-trespass in order to commit offence punishable
with death.450. House-trespass in order to commit offence punishable with
imprisonment for life.451. House-trespass in order to commit offence punishable
with imprisonment.12SECTIONS452. House-trespass after preparation for hurt,
assault or wrongful restraint.453. Punishment for lurking house-trespass or
house-breaking.454. Lurking house-trespass or house-breaking in order to commit
offence punishable with imprisonment.455. Lurking house-trespass or
house-breaking after preparation for hurt, assault or wrongful restraint.456.
Punishment for lurking house-trespass or house-breaking by night.457. Lurking
house-trespass or house-breaking by night in order to commit offence punishable
with imprisonment.458. Lurking house-trespass or house-breaking by night after
preparation for hurt, assault, or wrongful restraint.459. Grievous hurt caused
whilst committing lurking house-trespass or house-breaking.460. All persons
jointly concerned in lurking house-trespass or house-breaking by night
punishable where death or grievous hurt caused by one of them.461. Dishonestly
breaking open receptacle containing property.462. Punishment for same offence
when committed by person entrusted with custody. CHAPTER XVIIIOF OFFENCES
RELATING TO DOCUMENTS AND TO PROPERTY MARKS463. Forgery.464. Making a false
document.465. Punishment for forgery.466. Forgery of record of Court or of
public register, etc.467. Forgery of valuable security, will, etc.468. Forgery
for purpose of cheating.469. Forgery for purpose of harming reputation.470.
Forged document.471. Using as genuine a forged document or electronic
record.472. Making or possessing counterfeit seal, etc., with intent to commit
forgery punishable under section 467.473. Making or possessing counterfeit
seal, etc., with intent to commit forgery punishable otherwise.474. Having
possession of document described in section 466 or 467, knowing it to be forged
and intending to use it asgenuine.475. Counterfeiting device or mark used for
authenticating documents described in section 467, or possessing counterfeit
marked material.476. Counterfeiting device or mark used for authenticating
documents other than those described in section 467, or possessing counterfeit
marked material.477. Fraudulent cancellation, destruction, etc., of will,
authority to adopt, or valuable security.477A. Falsification of accounts. Of
Property and Other Marks478. [Repealed.]479. Property mark.480. [Repealed.]481.
Using a false property mark.482. Punishment for using a false property
mark.483. Counterfeiting a property mark used by another.484. Counterfeiting a
mark used by a public servant.485. Making or possession of any instrument for
counterfeiting a property mark.486. Selling goods marked with a counterfeit
property mark.487. Making a false mark upon any receptacle containing goods.488.
Punishment for making use of any such false mark.489. Tampering with property
mark with intent to cause injury. Of Currency-Notes and
Bank-Notes489A.Counterfeiting currency-notes or bank-notes.489B. Using as
genuine, forged or counterfeit currency-notes or bank-notes.489C. Possession of
forged or counterfeit currency notes or bank-notes.489D. Making or possessing
instruments or materials for forging or counterfeiting currency-notes or
bank-notes.489E. Making or using documents resembling currency-notes or bank-notes.
CHAPTER XIXOF THE CRIMINAL BREACHOF CONTRACTS OF SERVICE490. [Repealed.].491.
Breach of contract to attend on and supply wants of helpless person.492.
[Repealed.].13CHAPTER XXOF OFFENCES RELATINGTO MARRIAGESECTIONS493.
Cohabitation caused by a man deceitfully inducing a belief of lawful
marriage.494. Marrying again during life-time of husband or wife.495. Same
offence with concealment of former marriage from person with whom subsequent
marriage is contracted.496. Marriage ceremony fraudulently gone through without
lawful marriage.497. Adultery.498. Enticing or taking away or detaining with
criminal intent a married woman. CHAPTER XXAOF CRUELTY BY HUSBAND OR RELATIVES
OF HUSBAND498A. Husband or relative of husband of a woman subjecting her to cruelty.
CHAPTER XXIOF DEFAMATION499. Defamation. Imputation of truth which public good
requires to be made or published. Public conduct of public servants. Conduct of
any person touching any public question. Publication of reports of proceedings
of Courts. Merits of case decided in Court or conduct of witnesses and others concerned.
Merits of public performance. Censure passed in good faith by person having
lawful authority over another. Accusation preferred in good faith to authorised
person. Imputation made in good faith by person for protection of his or
other's interests. Caution intended for good of person to whom conveyed or for
public good.500. Punishment for defamation.501. Printing or engraving matter
known to be defamatory.502. Sale of printed or engraved substance containing
defamatory matter.
CHAPTER XXIIOR CRIMINAL INTIMIDATION, INSULTAND
ANNOYANCE503. Criminal intimidation.504. Intentional insult with intent to
provoke breach of the peace.505. Statements conducing to public mischief.
Statements creating or promoting enmity, hatred or ill-will between classes.
Offence under sub-section (2) committed in place of worship, etc.506.
Punishment for criminal intimidation. If threat be to cause death or grievous
hurt, etc.507. Criminal intimidation by an anonymous communication.508. Act
caused by inducing person to believe that he will be rendered an object of the
Divine displeasure.509. Word, gesture or act intended to insult the modesty of
a woman.510. Misconduct in public by a drunken person.
CHAPTER XXIIIOF ATTEMPTS OF COMMIT OFFENCES511.
Punishment for attempting to commit offences punishable with imprisonment for
life or otherimprisonment.14THE INDIAN PENAL CODEACT NO. 45 OF 18601[6th
October, 1860.]CHAPTER IINTRODUCTION 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.—This Act shall be called the Indian Penal
Code, and shall 3[extend to the whole of India 4***].2. Punishment of offences
committed within India.—Every person shall be liable to punishment under this
Code and not otherwise for every act or omission contrary to the provisions
thereof, of which he shall be guilty within 5[India] 6***.3. Punishment of
offences committed beyond, but which by law may be tried within, India.—Any person
liable, by any 7[Indian law], to be tried for an offence committed beyond
8[India] shall be dealt with according to the provisions of this Code for any
act committed beyond 8[India] in the same manner as if such act had been
committed within 5[India].9[4. Extension of Code to extra-territorial
offences.—The provisions of this Code apply also to any offence committed
by—10[(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.]11[(3)
any person in any place without and beyond India committing offence targeting a
computer resource located in India.]12[Explanation.—In this section—(a) the
word “offence” includes every act committed outside India which, if committed
in India, would be punishable under this Code;1. The Indian Penal Code has been
extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared
in force in—Sonthal Parganas, by the Sonthal Parganas Settlement Regulation
1872 (3 of 1872) s. 2;Panth Piploda, by the Panth Piploda Laws Regulation, 1929
(1 of 1929), s. 2 and the Sch.;Khondmals District, by the Khondmals Laws
Regulation, 1936 (4 of 1936), s. 3 and the Sch; and Angul District, by the
Angul Laws Regulation, 1936 (5 of 1936), s. 3 and the Sch.It has been declared
under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in
force in the following Scheduled Districts, namely: the United Provinces Tarai
Districts, see Gazette of India, 1876, Pt. I, p. 505; the Districts of Hazaribagh,
Lohardaga [now called the Ranchi District, see Calcutta Gazette, 1899, Pt. I,
p. 44] and Manbhum andPargana Dhalbhum and the Kolhan in the District of
Singhbum—see Gazette of India, 1881, Pt. I, p. 504.It has been extended under
s. 5 of the same Act to the Lushai Hills—see Gazette of India, 1898, Pt. II, p.
345.The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3
and Sch; to Dadra and Nagar Haveli by Reg. 6 of1963, s. 2 and Sch. I.; to
Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I and to Lakshadweep by Reg. 8 of
1965, s. 3 and Sch.2. The words “British India” have successively been subs. by
the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as
above.3. The Original words have successively been amended by Act 12 of 1891,
s. 2 and Sch. I, the A.O. 1937, the A.O. 1948 and theA.O. 1950 to read as
above.4. The words “except the State of Jammu and Kashmir” omitted by Act 34 of
2019, s. 95 and the Fifth Schedule(w.e.f. 31-10- 2019).5. The original words
“the said territories” have successively been amended by the A.O. 1937, the
A.O. 1948, the A.O 1950 and Act 3 of 1951, s. 3 and the Sch., to read as
above.6. The words and figures “on or after the said first day of May, 1861”
rep. by Act 12 of 1891, s. 2 and the First Sch.7. Subs. by the A.O. 1937, for
“law passed by the Governor General of India in Council”.8. The Original words
“the limits of the said territories” have successively been amended by the A.O.
1937, the A.O.1948,the A.O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read
as above.9. Subs. by Act 4 of 1898, s. 2, for section 4.10. Subs. by the A.O.
1950, for cls. (1) to (4).11. Ins. by Act 10 of 2009, s. 51 (w.e.f.
27-10-2009).12. Subs. by s. 51, ibid., for the Explanation (w.e.f.
27-10-2009).15(b) the expression “computer resource” shall have the meaning
assigned to it in clause (k) of sub-section (1) of section 2 of the Information
Technology Act, 2000 (21 of 2000);]1[Illustration]2***A, 3[who is 4[a citizen
of India]], commits a murder in Uganda. He can be tried and convicted of murder
in any place in 5[India] in which he may be found.6* * * * *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 provisions of any
special or local law.]CHAPTER IIGENERAL EXPLANATIONS6. Definitions in the Code
to be understood subject to exceptions.—Throughout this Code every definition
of an offence, every penal provision, and every illustration of every such
definition or penal provision, shall be understood subject to the exceptions
contained in the Chapter entitled “General Exceptions”, though those exceptions
are not repeated in such definition, penal provision, or illustration. Illustrations(a)
The sections, in this Code, which contain definitions of offences, do not
express that a child under seven years of agecannot commit such offences; but
the definitions are to be understood subject to the general exception which
provides that nothing shall be an offence which is done by a child under seven
years of age.(b) A, a police-officer, without warrant, apprehends Z, who has
committed murder. Here A is not guilty of the offence of wrongful confinement;
for he was bound by law to apprehend Z, and therefore the case falls within the
general exception whichprovides that “nothing is an offence which is done by a
person who is bound by law to do it”.7. Sense of expression once
explained.—Every expression which is explained in any part of this Code,is used
in every part of this Code in conformity with the explanation.8. Gender.—The
pronoun “he” and its derivatives are used of any person, whether male or
female.9. Number.—Unless the contrary appears from the context, words importing
the singular number include the plural number, and words importing the plural
number include the singular number.10. “Man”. “Woman”.—The word “man” denotes a
male human being of any age; the word “woman “denotes a female human being of
any age.11. “Person”.—The word “person” includes any Company or Association or
body of persons, whether incorporated or not.12. “Public”.—The word “public”
includes any class of the public or any community.13. [Definition of
“Queen”.]Omitted by the A. O. 1950.8[14. “Servant of Government”.—The words
“servant of Government” denote any officer or servant continued, appointed or
employed in India by or under the authority of Government.]15. [Definition of
“British India”.] Rep. by the A. O. 1937.16.[Definition of “Government of
India”.]Rep., ibid.1. Subs. by Act 36 of 1957, s. 3 and Schedule II, for
“lllustrations”2. The brackets and letter “(a)” omitted by s. 3 and the Second
Sch., ibid.3. Subs. by the A.O. 1948, for “a coolie, who is a Native Indian
subject”4. Subs. by the A.O. 1950, for “a British subject of Indian
domicile”.5. The words “British India” have been successively amended by the
A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 andthe Sch., to read as
above.6. Illustrations (b), (c) and (d) omitted by the A.O. 1950.7. Subs.,
ibid., for section 5.8. Subs., ibid., for section 14.161[17 “Government”.—The
word “Government” denotes the Central Government or the Government of a
2***State.]3[18. “India”.—“India” means the territory of India excluding the
State of Jammu and Kashmir.]19. “Judge”.—The word “Judge” denotes not only
every person who is officially designated as a Judge, but also every person.
Who is empowered by law to give, in any legal proceeding, civil or criminal, a
definitive judgment, ora 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 or persons, which body of persons is
empowered by law to give such a judgment. Illustrations(a) A Collector
exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.(b) A
Magistrate exercising jurisdiction in respect of a charge on which he has power
to sentence to fine or imprisonment, with or without appear, is a Judge.(c) A
member of a panchayat which has power, under 4Regulation VII, 1816, of the
Madras Code, to try and determine suits,is a Judge.(d) A Magistrate exercising
jurisdiction in respect of a charge on which he has power only to commit for
trial to another Court, is not a Judge.20. “Court of Justice”.—The words “Court
of 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
suchJudge or body of Judges is acting judicially.IllustrationA Panchayat acting
under 4Regulation VII, 1816, of the Madras Code, having power to try and
determine suits, is a Court ofJustice.21. “Public servant”.—The words “public
servant” denote a person falling under any of thedescriptions hereinafter
following, namely:—5* * * * *Second.—Every Commissioned Officer in the
Military, 6[Naval or Air] Forces 7[8*** of India];9[Third.—Every Judge
including any person empowered by law to discharge, whether by himself or asa
member of any body of persons, any adjudicatory functions;]Fourth.—Every
officer of a Court of Justice 10[(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 authorised 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 orreport by any
Court of Justice, or by any other competent public authority;1. Subs. by the
A.O. 1950, for section 17.2. The word and letter “Part A” omitted by Act 3 of
1951, s. 3 and the Sch.3. Subs. by s. 3 and the Sch., ibid., for s. 18 which
was ins. by the A.O. 1950. The Original s. 18 was rep. by the A.O. 1937.4. Rep.
by the Madras Civil Courts Act, 1873 (3 of 1873).5. Cl. First omitted by the
A.O. 1950.6. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or
Naval”.7. The original words “of the Queen while serving under the Government
of India, or any Government” have successively been amended by the A.O. 1937,
the A.O. 1948 and the A.O. 1950 to read as above.8. The words “of the Dominion”
omitted by the A.O. 1950.9. Subs. by Act 40 of 1964, s. 2, for cl. Third.10.
Ins. by s. 2, ibid.17Seventh.—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 1[the Government] whose duty it is, as such officer, to prevent
offences, to give information of offences, to bring offenders to justice, or to
protect the public health, safety or convenience; Ninth.—Every officer whose
duty it is as such officer, to take, receive, keep or expend any property on
behalf of 1[the Government], or to make any survey, assessment or contract on
behalf of 1[the Government],or to execute any revenue-process, or to
investigate, or to report, on any matter affecting the pecuniary interests of
1[the Government], or to make, authenticate or keep any document relating to
the pecuniary interests of 1[the Government], or to prevent the infraction of
any law for the protection of the pecuniary interests of 1[the Government]
2***;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;3[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;]4[Twelfth.—Every person—(a) in the service or pay of the Government
or remunerated by fees or commission for the performance of any public duty by
the Government;(b) in the service or pay of a local authority, a corporation
established by or under a Central, Provincial or State Act or a Government
company as defined in section 617 of the Companies Act, 1956 (1 of 1956).]Illustrational
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.]5* * * * *STATE
AMENDMENTRajasthanAmendment of Section 21, Central Act 45 of 1860.—In section
21 of the Indian Penal Code, 1860 (Central Act45 of 1860), in its application
to the State of Rajasthan, after clause Twelfth, the following new clause shall
be added, namely:-"Thirteenth.-Every person employed or engaged by any
public body in the conduct and supervision of any examination recognised or
approved under any law. Explanation.-The expression "Public Body"
includes.-1. Subs. by the A.O. 1950, for “the Crown” which had been subs. by
the A.O. 1937, for “Government”.2. Certain words omitted by Act 40 of 1964, s.
2.3. Ins. by Act 39 of 1920, s. 2.4. Subs. by Act 40 of 1964, s. 2, for Cl.
Twelfth.5. Explanation 4 omitted by Act 39 of 1920, s. 2.18(a) a University,
Board of Education or other body, either established by or under a Central or
State Act or under the provisions of the Constitution of India or constituted
by the Government: and(b) a local authority.".[Vide Rajasthan Act 4 of
1993, s. 2]22. “Movable property”.—The words “movable property” are intended to
include corporeal property of every description, except land and things
attached to the earth or permanently fastened to anything which is attached to
theearth.23. “Wrongful gain”.—“Wrongful gain” is gain by unlawful means of
property to which the person gaining isnot legally entitled. “Wrongful
loss”.—“Wrongful loss” is the loss by unlawful means of property to which the
person losing it islegally entitled. Gaining wrongfully/Losing wrongfully.—A
person is said to gain wrongfully when such person retains wrongfully, as well
as when such person acquires wrongfully. A person is said to lose wrongfully
when such person is wrongfully kept out of any property, as well as when such
person is wrongfully deprived of property.24. “Dishonestly”.—Whoever does
anything with the intention of causing wrongful gain to one person or wrongful
loss to another person, is said to do that thing “dishonestly”.25.
“Fraudulently”.—A person is said to do a thing fraudulently if he does that
thing with intent to defraud but not otherwise.26. “Reason to believe”.—A
person is said to have “reason to believe” a thing, if he has sufficient cause to
believe that thing but not otherwise.27. “Property in possession of wife, clerk
or servant”.—When property is in the possession of a person's wife, clerk or
servant, on account of that person, it is in that person's possession within
the meaning of this Code. Explanation.—A person employed temporarily or on a
particular occasion in the capacity of a clerk or servant, isa clerk or servant
within the meaning of this section.28. “Counterfeit”.—A person is said to “counterfeit”
who causes one thing to resemble another thing, intending by means of that
resemblance to practise deception, or knowing it to be likely that deception
will thereby be practised.1[Explanation 1.—It is not essential to
counterfeiting that the imitation should be exact. Explanation 2.—When a person
causes one thing to resemble another thing, and the resemblance is such that a
person might be deceived thereby, it shall be presumed, until the contrary is
proved, that the person so causing the onething to resemble the other thing
intended by means of that resemblance to practise deception or knew it to be likely
that deception would thereby be practised.]29. “Document”.—The word “document”
denotes any matter expressed or described upon any substance by means of
letters, figures or marks, or by more than one of those means, intended to be
used, or which may be used, as evidence of that matter. Explanation 1.—It is
immaterial by what means or upon what substance the letters, figures or marks
are formed, or whether the evidence is intended for, or may be used in, a Court
of Justice, or not.IllustrationsA writing expressing the terms of a contract,
which may be used as evidence of the contract, is a document. A cheque upon a
banker is a document. A power-of-attorney is a document. A map or plan which is
intended to be used or which may be used as evidence, is a document. A writing
containing directions or instructions is a document. Explanation 2.—Whatever is
expressed by means of letters, figures or marks as explained by mercantile or
other usage, shall be deemed to be expressed by such letters, figures or marks
within the meaning of this section, although the same may not be actually
expressed. Illustration A writes his name on the back of a bill of exchange
payable to his order. The meaning of the endorsement, as explained by
mercantile usage, is that the bill is to be paid to the holder. The endorsement
is a document, and must be construed in the same manner as if the words “pay to
the holder” or words to that effect had been written over thesignature.2[29A.
“Electronic record”.—The words “electronic record” shall have the meaning
assigned to them in clause(t) of sub-section (1) of section 2 of the
Information Technology Act, 2000 (21 of 2000).]1. Subs. by Act 1 of 1889, s. 9,
for the Explanation.2. Ins. by Act 21 of 2000, s. 91 and the First Sch. (w.e.f.
17-10-2000).1930. “Valuable security”.—The words “valuable security” denote a
document which is, or purports tobe, a document whereby any legal right is
created, extended, transferred, restricted, extinguished or released, or
whereby any person acknowledges that he lies under legal liability, or has not
a certain legal right. Illustration A writes his name on the back of a bill of
exchange. As the effect of this endorsement is to transfer the right to the
bill to any person who may become the unlawful holder of it, the endorsement is
a “valuable security”.31. “A will”.—The words “a will” denote any testamentary
document.32. Words referring to acts include illegal omissions.—In every part
of this Code, except where contrary intention appears from the context, words
which refer to acts done extend also to illegal omissions.33. “Act”.
“Omission”.—The word “act” denotes as well as series of acts as a single act:
the word“ omission” denotes as well a series of omissions as a single
omission.1[34. Acts done by several persons in furtherance of common
intention.—When a criminal act is done by several persons in furtherance of the
common intention of all, each of such persons is liable for that act in the
same manner as if it were done by him alone.]35. When such an act is criminal
by reason of its being done with a criminal knowledge or intention.—Whenever an
act, which is criminal only by reason of its being done with a criminal knowledge
or intention, is done by several persons, each of such persons who joins in the
act with such knowledge or intention is liable for the act in the same manner
as if the act were done by him alone with that knowledge or intention.36.
Effect caused partly by act and partly by omission.—Wherever the causing of a
certain effect, or an attempt to cause that effect, by an act or by an
omission, is an offence, it is to be understood that the causing of that effect
partly by an act and partly by an omission is the same offence. Illustration A
intentionally causes Z's death, partly by illegally omitting to give Z food,
and party by beating Z. A has committed murder.37. Co-operation by doing one of
several acts constituting an offence.—When an offence is committed by means of
several acts, whoever intentionally co-operates in the commission of that
offence by doing any one of those acts, either singly or jointly with any other
person, commits that offence. Illustrations(a) A and B agree to murder Z by
severally and at different times giving him small doses of poison. A and B
administer the poison according to the agreement with intent to murder Z. Z
dies from the effects the several doses of poison so administered to him. Here
A and B intentionally cooperate in the commission of murder and as each of them
does an act by which the death iscaused, they are both guilty of the offence
though their acts are separate.(b) A and B are joint jailors, and as such have
the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending
to cause Z's death, knowingly co-operate in causing that effect by illegally
omitting, each during the time of his attendance, to furnish Z with food
supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of
the murder of Z.(c) A, a jailor, has the charge of Z, a prisoner. A, intending
to cause Z's death, illegally omits to supply Z with food; inconsequence of
which Z is much reduced in strength, but the starvation is not sufficient to
cause his death. A is dismissed from his office, and B succeeds him. B, without
collusion or co-operation with A, illegally omits to supply Z with food,
knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is
guilty of murder, but, as A did not co-operate with B. A is guilty only of an
attempt to commit murder.38. Persons concerned in criminal act may be guilty of
different offences.—Where several persons are engaged or concerned in the
commission of a criminal act, they may be guilty of different offences by means
of that act. Illustration A attacks Z under such circumstances of grave
provocation that his killing of Z would be only culpable homicide not amounting
to murder. B, having ill-will towards Z and intending to kill him, and not
having been subject to the provocation, assists A in killing Z. Here, though A
and B are both engaged in causing Z's death, B is guilty of murder, and A is
guilty only of culpablehomicide.1. Subs. by Act 27 of 1870, s. 1, for section
34.2039. “Voluntarily”.—A person is said to cause an effect “voluntarily” when
he causes it by means whereby he intended to cause it, or by means which, at
the time of employing those means, he knew or had reason to believe to be
likely to cause it. Illustration A sets fire, by night, to an inhabited house
in a large town, for the purpose of facilitating a robbery and thus causes the
death of a person. Here, A may not have intended to cause death; and may even
be sorry that death has been caused by his act; yet, if he knew that he was
likely to cause death, he has caused death voluntarily.1[40. “Offence”.—Except
in the 2[Chapters] and sections mentioned in clauses 2 and 3 of this section, the
word “offence” denotes a thing made punishable by this Code.In Chapter IV,
3[Chapter VA] and in the following sections, namely, sections 4[64, 65, 66,
5[67], 71],109, 110, 112, 114, 115, 116, 117,6[118, 119 and 120] 187, 194, 195,
203, 211, 213, 214, 221, 222, 223,224,225, 327, 328, 329, 330, 331, 347, 348,
388, 389 and 445, the word “offence” denotes a thing punishable under this
Code, or under any special or local law as hereinafter defined. And in sections
141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same
meaning when the thing punishable under the special or local law is punishable
under such law with imprisonment for a term of six months or upwards, whether
with or without fine.]41. “Special law”.—A “special law” is a law applicable to
a particular subject.42. “Local law”.—A “local law” is a law applicable only to
a particular part of 7[8***9[India]].43. “Illegal”. “Legally bound to do”.—The
word “illegal” is applicable to everything which is an offence or which is
prohibited by law, or which furnishes ground for a civil action; and a person
is said to be “legally bound to do” whatever it is illegal in him to omit.44.
“Injury”.—The word “injury” denotes any harm whatever illegally caused to any
person, in body, mind, reputation or property.45. “Life”.—The word “life”
denotes the life of a human being, unless the contrary appears from
thecontext.46. “Death”.—The word “death” denotes the death of a human being
unless the contrary appears from the context.47. “Animal”.—The word “animal”
denotes any living creature, other than a human being.48. “Vessel”.—The word
“vessel” denotes anything made for the conveyance by water of human beings or
of property.49. “Year”. “Month”.—Wherever the word “year” or the word “month”
is used, it is to be understood that the year or the month is to be reckoned
according to the British calendar.50. “Section”.—The word “section” denotes one
of those portions of a Chapter of this Code which are distinguished by prefixed
numeral figures.51. “Oath”.—The word “oath” includes a solemn affirmation
substituted by law for an oath, and any declaration required or authorised by
law to be made before a public servant or to be used for the purpose of proof,
whether in a Court of Justice or not.52. “Good faith”.—Nothing is said to be
done or believed in “good faith” which is done or believed without due care and
attention.1. Subs. by Act 27 of 1870, s. 2, for section 40.2. Subs. by Act 8 of
1930, s. 2 and the First Sch., for “Chapter”.3. Ins. by Act 8 of 1913, s. 2.4.
Ins. by Act 8 of 1882, s. 1.5. Ins. by Act 10 of 1886, s. 21 (1).6. Ins. by Act
10 of 2009, s. 51 (w.e.f. 27-10-2009).7. Subs. by the A.O. 1948, for “British
India”.8. The words “the territories comprised in” omitted by Act 48 of 1952,
s. 3 and the Second Sch.9. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the
States” which had been subs. by the A.O. 1950, for “the Provinces”.211[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 IIIOF PUNISHMENTS53. 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:—(1) Rigorous, that is, with hard labour;(2) Simple; Fifthly.—Forfeiture
of property; Sixthly.—Fine.4[53A. Construction of reference to transportation.—(1)
Subject to the provisions ofsub-section (2) and sub-section (3), any reference
to “transportation for life” in any other law for the time being in force or in
any instrument or order having effect by virtue of any such law or of any enactment
repealed shall be construed as a reference to “imprisonment for life”.(2) In
every case in which a sentence of transportation for a term has been passed
before the commencement of the Code of Criminal Procedure (Amendment) Act,
5[1955 (26 of 1955)], the offender shall be dealt with in the same manner as if
sentenced to rigorous imprisonment for the same term.(3) Any reference to
transportation for a term or to transportation for any shorter term (by whatever
name called) in any other law for the time being in force shall be deemed to
have been omitted.(4) Any reference to “transportation” in any other law for
the time being in force shall,—(a) if the expression means transportation for
life, be construed as a reference to imprisonment for life;(b) if the
expression means transportation for any shorter term, be deemed to have been
omitted.]54. Commutation of sentence of death.—In every case in which sentence
of death shall have been passed, 6[the appropriate Government] may, without the
consent of the offender, commute the punishment for any other punishment
provided by this Code.55. Commutation of sentence of imprisonment for life.—In
every case in which sentence of7[imprisonment] for life shall have been passed,
8[the appropriate Government] may, without the consent1. Ins. by Act 8 of 1942,
s. 2.2. Subs. by Act 26 of 1955, s. 117 and the Sch., for
“Secondly.—Transportation” (w.e.f. 1-1-1956).3. Cl. Thirdly omitted by Act 17
of 1949, s. 2 (w.e.f. 6-4-1949).4. Ins. by Act 26 of 1955, s. 117 and the Sch.
(w.e.f. 1-1-1956).5. Subs. by Act 36 of 1957, s. 3 and the Second Sch., for
“1954”.6. Subs. by the A.O. 1950, for “the Central Government or the Provincial
Government of the Province within which the offender shall have been
sentenced”. The words in italics were subs. by the A.O. 1937, for “the
Government of India or the Government of the place”.7. Subs. by Act 26 of 1955,
s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).8. Subs. by the
A.O. 1950, for “the Provincial Government of the Province within which the
offender shall have been sentenced”. The words in italics were subs. by the
A.O. 1937, for “the Government of India or the Government of the place”.22of
the offender, commute the punishment for imprisonment of either description for
a term not exceeding fourteen years.1[55A. Definition of “appropriate
Government”.—In sections fifty-four and fifty-five the expression “appropriate
Government” means,—(a) in cases where the sentence is a sentence of death or is
for an offence against any law relating to a matter to which the executive
power of the Union extends, the Central Government; and(b) in cases where the
sentence (whether of death or not) is for an offence against any law relating
to a matter to which the executive power of the State extends, the Government
of the State within which the offender is sentenced.]56. [Sentence of Europeans
and Americans to penal servitude. Proviso as to sentence for term exceeding ten
years but not for life.]Rep. by the Criminal Law (Removal of Racial
Discriminations) Act,1949 (17 of 1949) (w. e. f. 6-4-1949).57. Fractions of
terms of punishment.—In calculating fractions of terms of
punishment,2[imprisonment] for life shall be reckoned as equivalent
to2[imprisonment] for twenty years.58. [Offenders sentenced to transportation
how dealt with until transported.] Rep. by the Code of Criminal Procedure
(Amendment) Act, 1955 (26 of 1955), s. 117 and the Sch. (w.e.f. 1-1-1956).59.
[Transportation instead of imprisonment.] Rep. by s.117 and the Sch., ibid.
(w.e.f. 1-1-1956).60. Sentence may be (in certain cases of imprisonment) wholly
or partly rigorous or simple.—In every case in which an offender is punishable
with imprisonment which may be of either description, it shall be competent to
the Court which sentences such offender to direct in the sentence that such imprisonment
shall be wholly rigorous, or that such imprisonment shall be wholly simple, or
that any partof such imprisonment shall be rigorous and the rest simple.61.
[Sentence of forfeiture of property.] Rep. by the Indian Penal Code (Amendment)
Act, 1921(16 of 1921), s. 4.62. [Forfeiture of property, in respect of
offenders punishable with death, transportation orimprisonment.] Rep. by s. 4
ibid.63. Amount of fine.—Where no sum is expressed to which a fine may extend,
the amount of fine towhich the offender is liable is unlimited, but shall not
be excessive.64. Sentence of imprisonment for non-payment of fine.—3[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 4[with imprisonment or fine, or] with fine
only, in which the offender is sentenced to a fine.]it shall be competent to
the Court which sentences such offender to direct by the sentence that, in default
of payment of the fine, the offender shall suffer imprisonment for a certain
term, which imprisonment shall be in excess of any other imprisonment to which
he may have been sentenced or to which he may be liable under a commutation of
a sentence.65. Limit to imprisonment for non-payment of fine, when imprisonment
and fine awardable.—The term for which the Court directs the offender to be
imprisoned in default of payment of a fine shall not exceed one-fourth of the
term of imprisonment which is the maximum fixed for the offence, if the offence
be punishable with imprisonment as well as fine.66. Description of imprisonment
for non-payment of fine.—The imprisonment which the Court imposes in default of
payment of a fine may be of any description to which the offender might have been
sentenced for the offence.1. Subs. by the A. O 1950. Earlier ins by the A. O.
1937.2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation”
(w.e.f. 1-1-1956).3. Subs. by Act 8 of 1882, s. 2, for “In every case in which
an offender is sentenced to a fine”.4. Ins. by Act 10 of 1886, s. 21 (2).2367.
Imprisonment for non-payment of fine, when offence punishable with fine
only.—If the offencebe punishable with fine only, 1[the imprisonment which the
Court imposes in default of payment of the fine shall be simple, and] the term
for which the Court directs the offender to be imprisoned, in default of
payment of fine, shall not exceed the following scale, that is to say, for any
term not exceeding two months when the amount of the fine shall not exceed
fifty rupees, and for any term not exceeding four months when the amount shall
not exceed one hundred rupees, and for any term not exceeding six months in any
othercase.68. Imprisonment to terminate on payment of fine.—The imprisonment which
is imposed in default of payment of a fine shall terminate whenever that fine
is either paid or levied by process of law.69. Termination of imprisonment on
payment of proportional part of fine.—If, before the expiration of the term of
imprisonment fixed in default of payment, such a proportion of the fine be paid
or levied that the term of imprisonment suffered in default of payment is not
less than proportional to the part of the fine still unpaid, the imprisonment
shall terminate. Illustration A is sentenced to a fine of one hundred rupees
and to four months' imprisonment in default of payment. Here, if seventy-five rupees
of the fine be paid or levied before the expiration of one month of the
imprisonment, A will be discharged as soon as the first month has expired. If
seventy-five rupees be paid or levied at the time of the expiration of the
first month, or at any later time while A continues in imprisonment, A will be
immediately discharged. If fifty rupees of the fine be paid or levied before
the expiration of two months of the imprisonment. A will be discharged as soon
as the two months are completed. If fifty rupees be paid or levied at the time
of the expiration of those two months, or at any later time while A continues
in imprisonment, A will be immediately discharged.70. Fine leviable within six
years, of during imprisonment. Death not to discharge property from liability.—The
fine, or any part thereof which remains unpaid, may be levied at any time
within six years after the passing of the sentence, and if, under the sentence,
the offender be liable to imprisonment for a longer period than six years, then
at any time previous to the expiration of that period; and the death of the offender
does not discharge from the liability any property which would, after his
death, be legally liable for his debts.71. Limit of punishment of offence made
up of several offences.—Where anything which is an offence is made up of parts,
any of which parts is itself an offence, the offender shall not be punished
with the punishment of more than one of such his offences, unless it be so
expressly provided.2[Where anything is an offence falling within two or more
separate definitions of any law in force for the time being by which offences
are defined or punished, or where several acts, of which one or more than one
would by itself or themselves constitute an offence, constitute, when combined,
a different offence, the offender shall not be punished with a more severe
punishment than the Court which tries him could award for any one of such offences].Illustrations(a)
A gives Z fifty strokes with a stick. Here A may have committed the offence of
voluntarily causing hurt to Z by the whole beating, and also by each of the
blows which make up the whole beating. If A were liable to punishment for every
blow, he might be imprisoned for fifty years, one for each blow. But he is
liable only to one punishment for the whole beating.(b) But, if, while A is
beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given
to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable
to one punishment for voluntarily causing hurt to Z, and to another for the
blow given to Y.72. Punishment of person guilty of one of several offences, the
judgment stating that it is doubtful of which.—In all cases in which judgment
is given that a person is guilty of one of several offences specified in the
judgment, but that it is doubtful of which of these offences he is guilty, the
offender shall be punished for the offence for which the lowest punishment is
provided if the same punishment is not provided for all.1. Ins. by Act 8 of
1882, s. 3.2. Added by s. 4, ibid.2473. 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
th atthe 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 and1[shall not exceed one] yeara time not exceeding three
months if the term of imprisonment shall exceed one year.74. Limit of solitary
confinement.—In executing a sentence of solitary confinement, such confinement
shall in no case exceed fourteen days at a time, with intervals between the
periods of solitary confinement of not less duration than such periods; and
when the imprisonment awarded shall exceed three months, the solitary
confinement shall not exceed seven days in any one month of the whole imprisonment
awarded, with intervals between the periods of solitary confinement of not less
duration than such periods.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***5* * * * *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 6[imprisonment for
life], or to imprisonment of either description for a term which may extend to
ten years.]CHAPTER IVGENERAL EXCEPTIONS76. Act done by a person bound, or by
mistake of fact believing himself bound, by law.—Nothings an offence which is
done by a person who is, or who by reason of a mistake of fact and not by
reason ofa mistake of law in good faith believes himself to be, bound by law to
do it. Illustrations(a) A, a soldier, fires on a mob by the order of his
superior officer, in conformity with the commands of the law. A has committed
no offence.(b) A, an officer of a Court of Justice, being ordered by that Court
to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. A has
committed no offence.77. Act of Judge when acting judicially.—Nothing is an
offence which is done by a Judge when acting judicially in the exercise of any
power which is, or which in good faith he believes to be, given to him by
law.78. Act done pursuant to the judgment or order of Court.—Nothing which is
done in pursuance of,or which is warranted by the judgment or order of, a Court
of Justice; if done whilst such judgment or order remains in force, is an
offence, notwithstanding the Court may have had no jurisdiction to pass such judgment
or order, provided the person doing the act in good faith believes that the
Court had suchjurisdiction.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 mistake1. Subs. by
Act 8 of 1862, s. 5, for “be less than a”.2. Subs. by Act 3 of 1910, s. 2, for
section 75.3. The words “British India” have successively been subs. by the A.
O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,to read as
above.4. The word “or” omitted by Act 3 of 1951, s. 3 and the Sch.5. Cl. (b)
omitted by s. 3 and the Sch., ibid.6. Subs. by Act 26 of 1955, s. 117 and the
Sch., for “transportation for life” (w.e.f. 1-1-1956).25of fact and not by
reason of a mistake of law in good faith, believes himself to be justified by
law, in doing it. Illustration A sees Z commit what appears to A to be a
murder. A, in the exercise, to the best of his judgment exerted in good faith,
of the power which the law gives to all persons of apprehending murderers in
the fact, seizes Z, in order to bring Z before the proper authorities. A has
committed no offence, though it may turn out that Z was acting in
self-defence.80. Accident in doing a lawful act.—Nothing is an offence which is
done by accident or misfortune, and without any criminal intention or knowledge
in the doing of a lawful act in a lawful manner by lawful means and with proper
care and caution. IllustrationA is at work with a hatchet; the head flies off
and kills a man who is standing by. Here, if there was no want of proper caution
on the part of A, his act is excusable and not an offence.81. Act likely to
cause harm, but done without criminal intent, and to prevent other
harm.—Nothing is an offence merely by reason of its being done with the
knowledge that it is likely to cause harm, if it be done without any criminal
intention to cause harm, and in good faith for the purpose of preventing or
avoiding other harm to person or property. Explanation.—It is 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(a) A, the captain
of a steam vessel, suddenly, and without any fault or negligence on his part,
finds himself in such a position that, before he can stop his vessel, he must
inevitably run down a boat B, with twenty or thirty passengers on board, unless
he changes the course of his vessel, and that, by changing his course, he must
incur risk of running down a boat C with only two passengers on board, which he
may possibly clear. Here, if A alters his course without any intention to run
down the boat C and in good faith for the purpose of avoiding the danger to the
passengers in the boat B, he is not guilty of an offence, though he may rundown
the boat C by doing an act which he knew was likely to cause that effect, if it
be found as a matter of fact that the danger which he intended to avoid was
such as to excuse him in incurring the risk of running down C.(b) A, in a great
fire, pulls down houses in order to prevent the conflagration from spreading.
He does this with the intention in good faith of saving human life or property.
Here, if it be found that the harm to be prevented was of such a nature and so
imminent as to excuse A's act, A is not guilty of the offence.82. Act of a
child under seven years of age.—Nothing is an offence which is done by a child under
seven years of age.83. Act of a child above seven and under twelve of immature
understanding.—Nothing is an offence which is done by a child above seven years
of age and under twelve, who has not attained sufficient maturity of
understanding to judge of the nature and consequences of his conduct on that
occasion.84. Act of a person of unsound mind.—Nothing is an offence which is
done by a person who, at the time of doing it, by reason of unsoundness of
mind, is incapable of knowing the nature of the act, or that he is doing what
is either wrong or contrary to law.85. Act of a person incapable of judgment by
reason of intoxication caused against his will.—Nothing is an offence which is
done by a person who, at the time of doing it, is, by reason of intoxication,
incapable of knowing the nature of the act, or that he is doing what is either
wrong, or contrary to law; provided that the thing which intoxicated him was
administered to him without his knowledge or against his will.86. Offence
requiring a particular intent or knowledge committed by one who is
intoxicated.—In cases where an act done is not an offence unless done with a
particular knowledge or intent, a person who does the act in a state of
intoxication shall be liable to be dealt with as if he had the same knowledge
as he would have had if he had not been intoxicated, unless the thing which
intoxicated him was administered to him without his knowledge or against his
will.87. Act not intended and not known to be likely to cause death or grievous
hurt, done by consent.—Nothing which is not intended to cause death, or
grievous hurt, and which is not known by the doer to be likely to cause death
or grievous hurt, is an offence by reason of any harm which it may cause, or be
intended by the doer to cause, to any person, above eighteen years of age, who
has given consent,26whether express or implied, to suffer that harm; or by
reason of any harm which it may be known by thedoer to be likely to cause to
any such person who has consented to take the risk of that harm.IllustrationA
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.—Nothing,which is not intented to cause death, is an offence
by reason of any harm which it may cause, or be intendedby the doer to cause,
or be known by the doer to be likely to cause, to any person for whose benefit
it isdone in good faith, and who has given a consent, whether express or
implied, to suffer that harm, or to takethe risk of that harm.IllustrationA, 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 hascommitted no offence.89. Act done in good faith for benefit
of child or insane person, by or by consent of guardian.—Nothing which is done
in good faith for the benefit of a person under twelve years of age, or of
unsoundmind, by or by consent, either express or implied, of the guardian or
other person having lawful charge ofthat person, is an offence by reason of any
harm which it may cause, or be intended by the doer to cause orbe known by the
doer to be likely to cause to that person: Provided—Provisos. First.—That this
exception shall not extend to the intentional causing of death, or to theattempting
to cause death;Secondly.—That this exception shall not extend to the doing of
anything which the person doing itknows 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 theattempting to cause
grievous hurt, unless it be for the purpose of preventing death or grievous
hurt, orthe curing of any grievous disease or infirmity;Fourthly.—That this
exception shall not extend to the abetment of any offence, to the committingof
which offence it would not extend.IllustrationA, 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 tobe likely that the operation will cause the child's death,
but not intending to cause the child's death. A is within the
exception,inasmuch as his object was the cure of the child.90. Consent known to
be given under fear or misconception.—A consent is not such a consent as
isintended by any section of this Code, if the consent is given by a person
under fear of injury, or under amisconception of fact, and if the person doing
the act knows, or has reason to believe, that the consent wasgiven in
consequence of such fear or misconception; orConsent of insane person.—if the
consent is given by a person who, from unsoundness of mind, orintoxication, is
unable to understand the nature and consequence of that to which he gives his consent;
orConsent of child.—unless the contrary appears from the context, if the
consent is given by a personwho is under twelve years of age.91. Exclusion of
acts which are offences independently of harm cause.—The exceptions in
sections87, 88 and 89 do not extend to acts which are offences independently of
any harm which they may cause,or be intended to cause, or be known to be likely
to cause, to the person giving the consent, or on whosebehalf the consent is
given.IllustrationCausing miscarriage (unless caused in good faith for the
purpose of saving the life of the woman) is offence independently ofany harm
which it may cause or be intended to cause to the woman. Therefore, it is not
an offence “by reason of such harm”; andthe consent of the woman or of her
guardian to the causing of such miscarriage does not justify the act.2792. Act
done in good faith for benefit of a person without consent.—Nothing is an
offence by reasonof any harm which it may cause to a person for whose benefit
it is done in good faith, even without thatperson's consent, if the
circumstances are such that it is impossible for that person to signify
consent, or ifthat person is incapable of giving consent, and has no guardian
or other person in lawful charge of him fromwhom it is possible to obtain
consent in time for the thing to be done with benefit: Provided—Provisos.
First.—That this exception shall not extend to the intentional causing of
death, or theattempting to cause death;Secondly.—That this exception shall not
extend to the doing of anything which the person doing itknows to be likely to
cause death, for any purpose other than the preventing of death or grievous
hurt, orthe curing of any grievous disease or infirmity;Thirdly.—That this
exception shall not extend to the voluntary causing of hurt, or to the
attempting tocause 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 ofwhich offence it would not extend.Illustrations(a)
Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z
requires to be trepanned. A, not intending Z's death,but in good faith, for Z's
benefit, performs the trepan before Z recovers his power of judging for
himself. A has committed nooffence.(b) Z is carried off by a tiger. A fires at
the tiger knowing it to be likely that the shot may kill Z, but not intending
to kill Z,and in good faith intending Z's benefit. A's ball gives Z a mortal
wound. A has committed no offence.(c) A, a surgeon, sees a child suffer an
accident which is likely to prove fatal unless an operation be immediately
performed.There is not time to apply to the child's guardian. A performs the
operation in spite of the entreaties of the child, intending, in goodfaith, the
child's benefit. A has committed no offence.(d) A is in a house which is on
fire, with Z, a child. People below hold out a blanket. A drops the child from
the house stop,knowing it to be likely that the fall may kill the child, but
not intending to kill the child, and intending, in good faith, the
child'sbenefit. Here, even if the child is killed by the fall, A has committed
no offence.Explanation.—Mere pecuniary benefit is not benefit within the
meaning of sections 88, 89 and 92.93. Communication made in good faith.—No
communication made in good faith is an offence byreason of any harm to the
person to whom it is made, if it is made for the benefit of that
person.IllustrationA, a surgeon, in good faith, communicates to a patient his
opinion that he cannot live. The patient dies in consequence of theshock. A has
committed no offence, though he knew it to be likely that the communication
might cause the patient's death.94. Act to which a person is compelled by
threats.—Except murder, and offences against the Statepunishable with death,
nothing is an offence which is done by a person who is compelled to do it by
threats,which, at the time of doing it, reasonably cause the apprehension that
instant death to that person willotherwise be the consequence: Provided the
person doing the act did not of his own accord, or from areasonable
apprehension of harm to himself short of instant death, place himself in the
situation by whichhe 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
gangof dacoits, knowing their character, is not entitled to the benefit of this
exception, on the ground of hishaving been compelled by his associates to do
anything that is an offence by law.Explanation 2.—A person seized by a gang of
dacoits, and forced, by threat of instant death, to do athing which is an
offence by law; for example, a smith compelled to take his tools and to force
the door ofa house for the dacoits to enter and plunder it, is entitled to the
benefit of this exception.95. Act causing slight harm.—Nothing is an offence by
reason that it causes, or that it is intended tocause, or that it is known to
be likely to cause, any harm, if that harm is so slight that no person of
ordinarysense and temper would complain of such harm.Of the Right of Private
Defence96. Things done in private defence.—Nothing is an offence which is done
in the exercise of the rightof private defence.2897. Right of private defence
of the body and of property.—Every person has a right, subject to
therestrictions 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, againstany act which is an offence falling under the definition
of theft, robbery, mischief or criminal trespass, orwhich is an attempt to
commit theft, robbery, mischief or criminal trespass.98. Right of private
defence against the act of a person of unsound mind, etc.—When an act,
whichwould otherwise be a certain offence, is not that offence, by reason of
the youth, the want of maturity ofunderstanding, the unsoundness of mind or the
intoxication of the person doing that act, or by reason of anymisconception on
the part of that person, every person has the same right of private defence
against that actwhich he would have if the act were that
offence.Illustrations(a) Z, under the influence of madness, attempts to kill A;
Z is guilty of no offence. But A has the same right of private defencewhich he
would have if Z were sane.(b) A enters by night a house which he is legally
entitled to enter. Z, in good faith, taking A for a house-breaker, attacks
A.Here Z, by attacking A under this misconception, commits no offence. But A
has the same right of private defence against Z, whichhe would have if Z were
not acting under that misconception.99. Acts against which there is no right of
private defence.—There is no right of private defenceagainst an act which does
not reasonably cause the apprehension of death or of grievous hurt, if done,
orattempted 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
apprehensionof death or of grievous hurt, if done, or attempted to be done, by
the direction of a public servant acting ingood 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 thepublic authorities.Extent to which the right may be
exercised.—The right of private defence in no case extends to theinflicting 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, orattempted to be done, by a public servant, as such,
unless he knows or has reason to believe, that the persondoing the act is such
public servant.Explanation 2.—A person is not deprived of the right of private
defence against an act done, orattempted to be done, by the direction of a
public servant, unless he knows, or has reason to believe, thatthe person doing
the act is acting by such direction, or unless such person states the authority
under whichhe acts, or if he has authority in writing, unless he produces such
authority, if demanded.100. When the right of private defence of the body
extends to causing death.—The right of privatedefence of the body extends,
under the restrictions mentioned in the last preceding section, to the
voluntarycausing of death or of any other harm to the assailant, if the offence
which occasions the exercise of theright be of any of the descriptions
hereinafter enumerated, namely:—First.—Such an assault as may reasonably cause
the apprehension that death will otherwise be theconsequence of such
assault;Secondly.—Such an assault as may reasonably cause the apprehension that
grievous hurt will otherwisebe the consequence of such assault;Thirdly.—An
assault with the intention of committing rape;Fourthly.—An assault with the
intention of gratifying unnatural lust;Fifthly.—An assault with the intention
of kidnapping or abducting;Sixthly.—An assault with the intention of wrongfully
confining a person, under circumstances whichmay reasonably cause him to
apprehend that he will be unable to have recourse to the public authorities
forhis release.291[Seventhly.—An act of throwing or administering acid or an
attempt to throw or administer acid whichmay reasonably cause the apprehension
that grievous hurt will otherwise be the consequence of such act.]101. When
such right extends to causing any harm other than death.—If the offence be not
of anyof the descriptions enumerated in the last preceding section, the right
of private defence of the body doesnot extend to the voluntary causing of death
to the assailant, but does extend, under the restrictionsmentioned in section
99, to the voluntary causing to the assailant of any harm other than death.102.
Commencement and continuance of the right of private defence of the body.—The
right ofprivate defence of the body commences as soon as a reasonable
apprehension of danger to the body arisesfrom an attempt or threat to commit
the offence though the offence may not have been committed; and itcontinues as
long as such apprehension of danger to the body continues.103. When the right
of private defence of property extends to causing death.—The right of
privatedefence of property extends, under the restrictions mentioned in section
99, to the voluntary causing ofdeath or of any other harm to the wrong-doer, if
the offence, the committing of which, or the attempting tocommit which, occasions
the exercise of the right, be an offence of any of the descriptions
hereinafterenumerated, namely:—First.—Robbery;Secondly.—House-breaking by
night;Thirdly.—Mischief by fire committed on any building, tent or vessel,
which building, tent or vessel isused 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 causeapprehension that death or grievous
hurt will be the consequence, if such right of private defence is
notexercised.STATE AMENDMENTSKarnataka(1) In section 103, in clause Thirdly,
—(i) after the words “mischief by fire”, the words “or any explosive substance”
Shall be inserted;(ii) after the words “as a human dwelling, or”the words “as a
place of worship, or” shall be inserted.(2) After clause Fourthly, the
following clause shall be inserted namely:—“Fifthly.— Mischief by fire or any
explosive substance committed on any property used or intended tobe used for
the purpose of Government or any local authority, statutory body or company
owned orcontrolled by Government or railway or any vehicle used or adapted to
be used for the carriage of passengersfor hire or reward”.[Vide Karnataka Act 8
of 1972, sec. 2].104. When such right extends to causing any harm other than
death.—If the offence, thecommitting of which, or the attempting to commit
which occasions the exercise of the right of privatedefence, be theft,
mischief, or criminal trespass, not of any of the descriptions enumerated in
the lastpreceding section, that right does not extend to the voluntary causing
of death, but does extend, subject tothe restrictions mentioned in section 99,
to the voluntary causing to the wrong-doer of any harm other thandeath.105.
Commencement and continuance of the right of private defence of property.—The
right ofprivate defence of property commences when a reasonable apprehension of
danger to the propertycommences.The right of private defence of property
against theft continues till the offender has effected his retreatwith the
property or either the assistance of the public authorities is obtained, or the
property has beenrecovered.1. Ins. by Act 13 of 2013, s. 2 (w.e.f.
3-2-2013).30The right of private defence of property against robbery continues
as long as the offender causes orattempts to cause to any person death or hurt
or wrongful restraint or as long as the fear of instant death orof instant hurt
or of instant personal restraint continues.The right of private defence of
property against criminal trespass or mischief continues as long as theoffender
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 housetrespass which has been begun by such house-breaking continues.106.
Right of private defence against deadly assault when there is risk of harm to
innocentperson.—If in the exercise of the right of private defence against an
assault which reasonably causes theapprehension of death, the defender be so
situated that he cannot effectually exercise that right without riskof harm to
an innocent person, his right of private defence extends to the running of that
risk.IllustrationA is attacked by a mob who attempt to murder him. He cannot
effectually exercise his right of private defence without firingon the mob, and
he cannot fire without risk of harming young children who are mingled with the
mob. A commits no offence if byso firing he harms any of the children.CHAPTER
VOF ABETMENT107. Abetment of a thing.—A person abets the doing of a thing,
who—First.—Instigates any person to do that thing; orSecondly.—Engages with one
or more other person or persons in any conspiracy for the doing of thatthing,
if an act or illegal omission takes place in pursuance of that conspiracy, and
in order to the doing ofthat thing; orThirdly.—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 materialfact which he
is bound to disclose, voluntarily causes or procures, or attempts to cause or
procure, a thingto be done, is said to instigate the doing of that
thing.IllustrationA, a public officer, is authorised by a warrant from a Court
of Justice to apprehend Z, B, knowing that fact and also that C isnot Z,
wilfully represents to A that C is Z, and thereby intentionally causes A to
apprehend C. Here B abets by instigation theapprehension of C.Explanation
2.—Whoever, either prior to or at the time of the commission of an act, does anything
inorder to facilitate the commission of that act, and thereby facilitates the
commission thereof, is said to aidthe doing of that act.108. Abettor.—A person
abets an offence, who abets either the commission of an offence, or
thecommission of an act which would be an offence, if committed by a person
capable by law of committingan 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 theabettor 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 becommitted, 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 instigatingB to commit murder.Explanation 3.—It
is not necessary that the person abetted should be capable by law of committing
anoffence, or that he should have the same guilty intention or knowledge as
that of the abettor, or any guiltyintention or knowledge.31Illustrations(a) A,
with a guilty intention, abets a child or a lunatic to commit an act which
would be an offence, if committed by a personcapable by law of committing an
offence, and having the same intention as A. Here A, whether the act be
committed or not, isguilty of abetting an offence.(b) A, with the intention of
murdering Z, instigates B, a child under seven years of age, to do an act which
causes Z's death.B, in consequence of the abetment, does the act in the absence
of A and thereby causes Z's death. Here, though B was not capableby law of
committing an offence, A is liable to be punished in the same manner as if B
had been capable by law of committing anoffence, and had committed murder, and
he is therefore subject to the punishment of death.(c) A instigates B to set
fire to a dwelling-house. B, in consequence of the unsoundness of his mind,
being incapable ofknowing the nature of the act, or that he is doing what is
wrong or contrary to law, sets fire to the house in consequence of
A'sinstigation. B has committed no offence, but A is guilty of abetting the
offence of setting fire to a dwelling-house, and is liable tothe punishment
provided for that offence.(d) A, intending to cause a theft to be committed,
instigates B to take property belonging to Z out of Z's possession. A inducesB
to believe that the property belongs to A. B takes the property out of Z's
possession, in good faith, believing it to be A's property.B, acting under this
misconception, does not take dishonestly, and therefore does not commit theft.
But A is guilty of abetting theft,and is liable to the same punishment as if B
had committed theft.Explanation 4.—The abetment of an offence being an offence,
the abetment of such an abetment is alsoan offence.IllustrationA instigates B
to instigate C to murder Z. B accordingly instigates C to murder Z, and C
commits that offence in consequenceof B's instigation. B is liable to be
punished for his offence with the punishment for murder; and, as A instigated B
to commit theoffence, A is also liable to the same punishment.Explanation 5.—It
is not necessary to the commission of the offence of abetment by conspiracy
thatthe abettor should concert the offence with the person who commits it. It
is sufficient if he engages in theconspiracy in pursuance of which the offence
is committed.IllustrationA concerts with B a plan for poisoning Z. It is agreed
that A shall administer the poison. B then explains the plan to Cmentioning
that a third person is to administer the poison, but without mentioning A's
name. C agrees to procure the poison, andprocures and delivers it to B for the
purpose of its being used in the manner explained. A administers the poison; Z
dies inconsequence. Here, though A and C have not conspired together, yet C has
been engaged in the conspiracy in pursuance of whichZ has been murdered. C has
therefore committed the offence defined in this section and is liable to the
punishment for murder.1[108A. Abetment in India of offences outside India.—A
person abets an offence within the meaningof this Code who, in 2[India], abets
the commission of any act without and beyond 2[India] which wouldconstitute an
offence if committed in 2[India].IllustrationA, 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 expressprovision is made for its punishment.—Whoever
abets any offence shall, if the act abetted is committedin consequence of the
abetment, and no express provision is made by this Code for the punishment of
suchabetment, 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 iscommitted in consequence of the instigation, or in
pursuance of the conspiracy, or with the aid whichconstitutes the
abetment.Illustrations(a) A offers a bribe to B, a public servant, as a reward
for showing A some favour in the exercise of B's official functions. Baccepts
the bribe. A has abetted the offence defined in section 161.1. Added by Act 4
of 1898, s. 3.2. The words “British India” have successively been subs. by the
A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and the Sch., toread as
above.32(b) A instigates B to give false evidence. B, in consequence of the
instigation, commits that offence. A is guilty of abettingthat offence, and is
liable to the same punishment as B.(c) A and B conspire to poison Z. A, in
pursuance of the conspiracy, procures the poison and delivers it to B in order
that hemay administer it to Z. B, in pursuance of the conspiracy, administers
the poison to Z in A’s absence and thereby causes Z’s death.Here B is guilty of
murder. A is guilty of abetting that offence by conspiracy, and is liable to
the punishment for murder.110. Punishment of abetment if person abetted does
act with different intention from that ofabettor.—Whoever abets the commission
of an offence shall, if the person abetted does the act with adifferent
intention or knowledge from that of the abettor, be punished with the
punishment provided for theoffence which would have been committed if the act
had been done with the intention or knowledge of theabettor and with no
other.111. Liability of abettor when one act abetted and different act
done.—When an Act is abetted anda different act is done, the abettor is liable
for the act done, in the same manner and to the same extent as ifhe had
directly abetted it:Provided the act done was a probable consequence of the
abetment, and was committed under theinfluence of the instigation, or with the
aid or in pursuance of the conspiracy which constituted the
abetment.Illustrations(a) A instigates a child to put poison into the food of
Z, and gives him poison for that purpose. Thechild, in consequence of the
instigation, by mistake puts the poison into the food of Y, which is by the
sideof that of Z. Here, if the child was acting under the influence of A's
instigation, and the act done was underthe circumstances a probable consequence
of the abetment, A is liable in the same manner and to the sameextent as if he
had instigated the child to put the poison into the food of Y.(b) A instigates
B to burn Z’s house B sets fire to the house and at the same time commits theft
ofproperty there. A, though guilty of abetting the burning of the house, is not
guilty of abetting the theft; forthe theft was a distinct act, and not a
probable consequence of the burning.(c) A instigates B and C to break into an
inhabited house at midnight for the purpose of robbery, andprovides them with
arms for that purpose. B and C break into the house, and being resisted by Z,
one of theinmates, murder Z. Here, if that murder was the probable consequence
of the abetment, A is liable to thepunishment provided for murder.112. Abettor
when liable to cumulative punishment for act abetted and for act done.—If the
actfor 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.IllustrationA
instigates B to resist by force a distress made by a public servant. B, in
consequence, resists that distress. In offering theresistance, B voluntarily
causes grievous hurt to the officer executing the distress. As B has committed
both the offence of resistingthe distress, and the offence of voluntarily
causing grievous hurt, B is liable to punishment for both these offences; and,
if A knewthat B was likely voluntarily to cause grievous hurt in resisting the
distress A will also be liable to punishment for each of theoffences.113.
Liability of abettor for an effect caused by the act abetted different from
that intended bythe abettor.—When an act is abetted with the intention on the
part of the abettor of causing a particulareffect, and an act for which the
abettor is liable in consequence of the abetment, causes a different effectfrom
that intended by the abettor, the abettor is liable for the effect caused, in
the same manner and to thesame extent as if he had abetted the act with the
intention of causing that effect, provided he knew that theact abetted was
likely to cause that effect.IllustrationA instigates B to cause grievous hurt
to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies
inconsequence. Here, if A knew that the grievous hurt abetted was likely to
cause death, A is liable to be punished with the punishmentprovided for
murder.114. Abettor present when offence is committed.—Whenever any person, who
is absent would beliable to be punished as an abettor, is present when the act
or offence for which he would be punishable inconsequence of the abetment is
committed, he shall be deemed to have committed such act or offence.33115.
Abetment of offence punishable with death or imprisonment for life.—if offence
notcommitted.—Whoever abets the commission of an offence punishable with death
or 1[imprisonment forlife], shall, if that offence be not committed in
consequence of the abetment, and no express provision ismade by this Code for
the punishment of such abetment, be punished with imprisonment of eitherdescription
for a term which may extend to seven years, and shall also be liable to fine;if
act causing harm be done in consequence.—and if any act for which the abettor
is liable inconsequence of the abetment, and which causes hurt to any person, is
done, the abettor shall be liable toimprisonment of either description for a
term which may extend to fourteen years, and shall also be liableto
fine.IllustrationA instigates B to murder Z. The offence is not committed. If B
had murdered Z, he would have been subject to the punishmentof death or
1[imprisonment for life]. Therefore A is liable to imprisonment for a term
which may extend to seven years and also toa 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 extendto fourteen years, and to fine.116. Abetment of offence
punishable with imprisonment—if offence be not committed.—Whoeverabets an
offence punishable with imprisonment shall, if that offence be not committed in
consequence ofthe abetment, and no express provision is made by this Code for
the punishment of such abetment, bepunished with imprisonment of any
description provided for that offence for a term which may extend toone-fourth
part of the longest term provided for that offence; or with such fine as is
provided for thatoffence, or with both;if abettor or person abetted be a public
servant whose duty it is to prevent offence.—and if theabettor or the person
abetted is a public servant, whose duty it is to prevent the commission of such
offence,the abettor shall be punished with imprisonment of any description
provided for that offence, for a termwhich may extend to one-half of the
longest term provided for that offence, or with such fine as is providedfor the
offence, or with both.Illustrations(a) A offers a bribe to B, a public servant,
as a reward for showing. A somefavour in the exercise of B’s official
functions. Brefuses to accept the bribe. A is punishable under this section.(b)
A instigates B to give false evidence. Here, if B does not give false evidence,
A has nevertheless committed the offencedefined in this section, and is
punishable accordingly.(c) A, a police-officer, whose duty it is to prevent
robbery, abets the commission of robbery. Here, though the robbery be
notcommitted, A is liable to one-half of the longest term of imprisonment
provided for that offence, and also to fine.(d) B abets the commission of a
robbery by A, a police-officer, whose duty it is to prevent that offence. Here,
though therobbery be not committed, B is liable to one-half of the longest term
of imprisonment provided for the offence of robbery, and alsoto fine.117.
Abetting commission of offence by the public or by more than ten
persons.—Whoever abetsthe 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,
orwith fine, or with both.IllustrationA 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 definedin this
section.118. Concealing design to commit offence punishable with death or
imprisonment for life.—Whoever intending to facilitate or knowing it to be
likely that he will thereby facilitate the commission ofan offence punishable
with death or 1[imprisonment for life],1. Subs. by Act 26 of 1955, s. 117 and
the Sch., for “transportation for life” (w.e.f. 1-1-1956).341[voluntarily
conceals by any act or illegal omission, or by the use of encryption or any
otherinformation hiding tool, the existence of a design] to commit such offence
or makes any representationwhich he knows to be false respecting such design,if
offence be committed; if offence be not committed.—shall, if that offence be
committed, bepunished with imprisonment of either description for a term which
may extend to seven years, or, if theoffence be not committed, with
imprisonment of either description, for a term which may extend to threeyears;
and in either case shall also be liable to fine.IllustrationA, knowing that
dacoity is about to be committed at B, falsely informs the Magistrate that a
dacoity is about to be committedat C, a place in an opposite direction, and
thereby misleads the Magistrate with intent to facilitate the commission of the
offence.The dacoity is committed at B in pursuance of the design. A is
punishable under this section.119. Public servant concealing design to commit
offence which it is his duty to prevent.—Whoever,being a public servant
intending to facilitate or knowing it to be likely that he will thereby
facilitate thecommission of an offence which it is his duty as such public
servant to prevent,1[voluntarily conceals, by any act or illegal omission or by
the use of encryption or any otherinformation hiding tool, the existence of a
design] to commit such offence, or makes any representationwhich he knows to be
false respecting such design,if offence be committed.—shall, if the offence be
committed, be punished with imprisonment of anydescription provided for the
offence, for a term which may extend to one-half of the longest term of
suchimprisonment, or with such fine as is provided for that offence, or with
both;if offence be punishable with death, etc.—or, if the offence be punishable
with death or2[imprisonment for life], with imprisonment of either description
for a term which may extend to ten years;if offence be not committed.—or, if
the offence be not committed, shall be punished withimprisonment of any
description provided for the offence for a term which may extend to one-fourth
partof the longest term of such imprisonment or with such fine as is provided for
the offence, or with both.IllustrationA, an officer of police, being legally
bound to give information of all designs to commit robbery which may come to
hisknowledge, and knowing that B designs to commit robbery, omits to give such
information, with intent to facilitate the commissionof that offence. Here A
has by an illegal omission concealed the existence of B’s design, and is liable
to punishment according tothe provision of this section.120. Concealing design
to commit offence punishable with imprisonment.—Whoever, intending tofacilitate
or knowing it to be likely that he will thereby facilitate the commission of an
offence punishablewith imprisonment,voluntarily conceals, by any act or illegal
omission, the existence of a design to commit such offence,or makes any
representation which he knows to be false respecting such design,if offence be
committed; if offence be not committed.—shall, if the offence be committed,
bepunished with imprisonment of the description provided for the offence, for a
term which may extend toone-fourth, and, if the offence be not committed, to
one-eight, of the longest term of such imprisonment, orwith such fine as is
provided for the offence, or with both.3[CHAPTER VACRIMINAL CONSPIRACY120A.
Definition of criminal conspiracy.—When two or more persons agree to do, or
cause to bedone,—(1) an illegal act, or(2) an act which is not illegal by
illegal means, such an agreement is designated a criminal conspiracy:1. Subs.
by Act 10 of 2009, s. 51, for “voluntarily conceals, by any act or illegal
omission, the existence of a design”(w.e.f. 27-10-2009).2. Subs. by Act 26 of
1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).3.
Ins. by Act 8 of 1913, s. 3.35Provided that no agreement except an agreement to
commit an offence shall amount to a criminalconspiracy unless some act besides
the agreement is done by one or more parties to such agreement inpursuance
thereof.Explanation.—It is immaterial whether the illegal act is the ultimate
object of such agreement, or ismerely incidental to that object.120B.
Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal
conspiracy tocommit an offence punishable with death, 1[imprisonment for life]
or rigorous imprisonment for a term oftwo years or upwards, shall, where no
express provision is made in this Code for the punishment of such aconspiracy,
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
offencepunishable as aforesaid shall be punished with imprisonment of either
description for a term not exceedingsix months, or with fine or with
both.]CHAPTER VIOF OFFENCES AGAINSTTHE STATE121. Waging, or attempting to wage
war, or abetting waging of war, against the Government ofIndia.—Whoever wages
war against the 2[Government of India], or attempts to wage such war, or
abetsthe waging of such war, shall be punished with death, or 1[imprisonment
for life] 3[and shall also be liableto fine].4[Illustration]5***A joins an
insurrection against the 2[Government of India]. A has committed the offence
definedin this section.6* * * * *7[121A. Conspiracy to commit offences
punishable by section 121.—Whoever within or without8[India] conspires to
commit any of the offences punishable by section 121, 9*** or conspires to
overawe,by means of criminal force or the show of criminal force, 10[the
Central Government or any 11[State]Government 12***], shall be punished with
13[imprisonment for life], or with imprisonment of eitherdescription which may
extend to ten years, 14[and shall also be liable to fine].Explanation.—To
constitute a conspiracy under this section, it is not necessary that any act or
illegalomission shall take place in pursuance thereof.]122. Collecting arms, etc.,
with intention of waging war against the Government of India.—Whoever collects
men, arms or ammunition or otherwise prepares to wage war with the intention of
eitherwaging or being prepared to wage war against the 2[Government of India],
shall be punished with1[imprisonment for life] or imprisonment of either
description for a term not exceeding ten years, 15[andshall also be liable to
fine].1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation”
(w.e.f. 1-1-1956).2. Subs. by the A. O. 1950, for “Queen”.3. Subs. by Act 16 of
1921, s. 2, for “and shall forfeit all his property”.4. Subs. by Act 36 of
1957, s. 3 and the Second Sch., for “Illustrations”5. The brackets and letter
“(a)” omitted by s. 3 and the Second Sch., ibid.6. Illustration (b) omitted, by
the A. O. 1950.7. Ins. by Act 27 of 1870, s. 4.8. The words “British India”
have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of
1951, s. 3 and the Sch.,to read as above.9. The words “or to deprive the Queen
of the sovereignty of the Provinces or of any part thereof” omitted by the A.
O. 1950.10. Subs. by the A. O. 1937, for “the G. of I, or any l. G”.11. Subs.
by the A. O. 1950, for “Provincial”.12. The words “or the Government of Burma”
omitted by the A. O. 1948.13. Subs. by Act 26 of 1955, s. 117 and the Sch., for
“transportation for life or any shorter term” (w.e.f. 1-1-1956).14. Ins. by Act
16 of 1921, s. 3.15. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all
his property”.36123. Concealing with intent to facilitate design to wage
war.—Whoever by any act, or by any illegalomission, conceals the existence of a
design to wage war against the 1[Government of India], intending bysuch
concealment to facilitate, or knowing it to be likely that such concealment will
facilitate, the wagingof such war, shall be punished with imprisonment of
either description for a term which may extend to tenyears, and shall also be
liable to fine.124. Assaulting President, Governor, etc., with intent to compel
or restrain the exercise of anylawful power.—Whoever, with the intention of
inducing or compelling the 2[President] of India, or3[Governor 4***] of any
5[State],6*** 7*** 8*** to exercise or refrain from exercising in any manner
anyof the lawful powers of such 9[President or 3[Governor 6***]],assaults or
wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means
of criminalforce or the show of criminal force, or attempts so to overawe, such
11[President or 3[Governor 6***]],shall be punished with imprisonment of either
description for a term which may extend to seven years,and shall also be liable
to fine.10[124A. Sedition.—Whoever by words, either spoken or written, or by
signs, or by visiblerepresentation, or otherwise, brings or attempts to bring
into hatred or contempt, or excites or attempts toexcite disaffection towards,
11***the Government established by law in 12[India], 13***shall be punishedwith
14[imprisonment for life], to which fine may be added, or with imprisonment
which may extend tothree 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 viewto obtain their alteration by lawful
means, without exciting or attempting to excite hatred, contempt
ordisaffection, do not constitute an offence under this section.Explanation
3.—Comments expressing disapprobation of the administrative or other action of
theGovernment without exciting or attempting to excite hatred, contempt or
disaffection, do not constitute anoffence under this section.]125. Waging war
against any Asiatic Power in alliance with the Government of
India.—Whoeverwages war against the Government of any Asiatic Power in alliance
or at peace with the 1[Government ofIndia] or attempts to wage such war, or
abets the waging of such war, shall be punished with14[imprisonment for life],
to which fine may be added, or with imprisonment of either description for a
termwhich may extend to seven years, to which fine may be added, or with
fine.1. Subs. by the A. O 1950, for “Queen”.2. Subs. by the ibid., for
“Governor General”.3. Subs. by Act 3 of 1951, s. 3 and the Sch., for
“Governor”.4. The words “or Rajpramukh” omitted by the A. O. 1956.5. Subs. by
the A. O. 1950, for “Province” which had been subs. by the A. O. 1937, for
“Presidency”.6. The words “or a Lieutenant-Governor” omitted by the A. O.
1937.7. The words “or a Member of the Council of the Governor General of India”
omitted by the A.O. 1948.8. The words “or of the Council of any Presidency”
omitted by the A. O. 1937.9. The words “Governor General, Governor,
Lieutenant-Governor or Member of Council” have successively been amended by
theA.O. 1937, the A. O. 1948 and the A. O. 1950 to read as above.10. Ins. by
Act 27 of 1870, s. 5 and subs. by Act 4 of 1898, s. 4, for s. 124A.11. The
words “Her Majesty or” omitted by the A.O. 1950. The words “or the Crown
Representative” ins. after the word “Majesty”by the A. O. 1937 were omitted by
the A. O. 1948.12. The words “British India” have successively been subs. by
the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 andthe Sch., to read as
above.13. The words “or British Burma” ins. by the A. O. 1937 and omitted by
the A. O 1948.14. Subs. by Act 26 of 1955, s. 117 and the Sch., for
“transportation for life or any shorter term” (w.e.f. 1-1-1956).37126.
Committing depredation on territories of Power at peace with the Government of
India.—Whoever commits depredation, or makes preparations to commit
depredation, on the territories of anyPower in alliance or at peace with the
1[Government of India], shall be punished with imprisonment ofeither
description for a term which may extend to seven years, and shall also be
liable to fine and toforfeiture of any property used or intended to be used in
committing such depredation, or acquired by suchdepredation.127. Receiving
property taken by war or depredation mentioned in sections 125 and 126.—Whoever
receives any property knowing the same to have been taken in the commission of
any of theoffences mentioned in sections 125 and 126, shall be punished with
imprisonment of either description fora term which may extend to seven years,
and shall also be liable to fine and to forfeiture of the property
soreceived.128. Public servant voluntarily allowing prisoner of state or war to
escape.—Whoever, being apublic servant and having the custody of any State
prisoner or prisoner of war, voluntarily allows suchprisoner to escape from any
place in which such prisoner is confined, shall be punished with
2[imprisonmentfor life], or imprisonment of either description for a term which
may extend to ten years, and shall also beliable to fine.129. Public servant
negligently suffering such prisoner to escape.—Whoever, being a public
servantand having the custody of any State prisoner or prisoner of war,
negligently suffers such prisoner to escapefrom any place of confinement in
which such prisoner is confined, shall be punished with simpleimprisonment for
a term which may extend to three years, and shall also be liable to fine.130.
Aiding escape of, rescuing or harbouring such prisoner.—Whoever knowingly aids
or assistsany State prisoner or prisoner of war in escaping from lawful
custody, or rescues or attempts to rescue anysuch prisoner, or harbours or
conceals any such prisoner who has escaped from lawful custody, or offers
orattempts to offer any resistance to the recapture of such prisoner, shall be
punished with 2[imprisonment forlife], or with imprisonment of either
description for a term which may extend to ten years, and shall also beliable
to fine.Explanation.—A State prisoner or prisoner of war, who is permitted to
be at large on his parole withincertain limits in 3[India], is said to escape
from lawful custody if he goes beyond the limits within which heis allowed to
be at large.CHAPTER VIIOF OFFENCES RELATINGTO THE ARMY,4[NAVY AND AIR
FORCE]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,
5[sailor or airman], in the Army, 6[Navy orAir Force] of the 1[Government of
India] or attempts to seduce any such officer, soldier, 5[sailor or airman]from
his allegiance or his duty, shall be punished with 2[imprisonment for life], or
with imprisonment ofeither 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 any1. Subs. by
the A. O. 1950, for “Queen”.2. Subs. by Act 26 of 1955, s. 117 and the Sch.,
for “transportation for life” (w.e.f. 1-1-1956).3. The words “British India”
have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of
1951, s. 3 and the Sch.,to read as above.4. Subs. by Act 10 of 1927, s. 2 and
the First Sch., for “and Navy”.5. Subs. by s. 2 and the First Sch., ibid., for
“or sailor”.6. Subs. by s. 2 and the First Sch., ibid., for “or Navy”.7. Ins.
by Act 27 of 1870, s. 6.8. Subs. by Act 10 of 1927, s. 2 and the First Sch.,
for “and soldier”9. Ins. by Act 35 of 1934, s. 2 and Sch.38person subject to
the 1[Army Act, 2[the Army Act, 1950 (46 of 1950)], 3[the Naval Discipline
Act,4***the5Indian Navy (Discipline) Act,1934 (34 of 1934)] 6[the Air Force Act
or 7[the Air Force Act, 1950 (45 of1950)]], as the case may be].]132. Abetment
of mutiny, if mutiny is committed in consequence thereof.—Whoever abets
thecommitting of mutiny by an officer, soldier, 8[sailor or airman], in the
Army, 9[Navy or Air Force] of the10[Government of India], shall, if mutiny be
committed in consequence of that abetment, be punished withdeath or with
11[imprisonment for life], or imprisonment of either description for a term
which may extendto ten years, and shall also be liable to fine.133. Abetment of
assault by soldier, sailor or airman on his superior officer, when in
executionof his office.—Whoever abets an assault by an officer, soldier,
8[sailor or airman], in the Army, 9[Navy orAir Force] of the 10[Government of
India], on any superior officer being in the execution of his office, shallbe
punished with imprisonment of either description for a term which may extend to
three years, and shallalso be liable to fine.134. Abetment of such assault, if
the assault committed.—Whoever abets an assault by an officer,soldier, 8[sailor
or airman], in the Army, 9[Navy or Air Force] of the 10[Government of India],
on anysuperior officer being in the execution of his office, shall, if such
assault be committed in consequence ofthat abetment be punished with
imprisonment of either description for a term which may extend to sevenyears,
and shall also be liable to fine.135. Abetment of desertion of soldier, sailor
or airman.—Whoever, abets the desertion of anyofficer, soldier, 8[sailor or
airman], in the Army, 9[Navy or Air Force] of the 10[Government of India],
shallbe punished with imprisonment of either description for a term which may
extend to two years, or withfine, or with both.136. Harbouring
deserter.—Whoever, except as hereinafter excepted, knowing or having reason
tobelieve that an officer, soldier, 8[sailor or airman], in the Army, 9[Navy or
Air Force] of the 10[Governmentof India], has deserted, harbours such officer,
soldier,8[sailor or airman], shall be punished withimprisonment 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 herhusband.137. Deserter concealed on board merchant
vessel through negligence of master.—The master orperson in charge of a
merchant vessel, on board of which any deserter from the Army, 9[Navy or Air
Force]of the 10[Government of India] is concealed, shall, though ignorant of
such concealment, be liable to apenalty not exceeding five hundred rupees, if
he might have known of such concealment but for someneglect of his duty as such
master or person in charge, or but for some want of discipline on board of
thevessel.138. Abetment of act of insubordination by soldier, sailor or
airman.—Whoever abets what heknows to be an act of insubordination by an
officer, soldier, 8[sailor or airman], in the Army, 9[Navy or airForce], of the
10[Government of India], shall, if such act of insubordination be committed in
consequenceof that abetment, be punished with imprisonment of either
description for a term which may extend to sixmonths, or with fine, or with
both.1. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “Articles or War
for the better government of Her Majesty’s Army, or to theArticles of War
contained in Act No. 5 of 1869”.2. Subs. by Act 3 of 1951, s. 3 and the Sch.,
for “the Indian Army Act, 1911”.3. Ins. by Act 35 of 1934, s. 2 and the Sch.4.
The words “or that Act as modified by” omitted by the A. O. 1950.5. Now see the
Navy Act, 1957 (62 of 1957).6. Subs. by Act 14 of 1932, s. 130 and the Sch.,
for “or the Air Force Act”.7. Subs. by Act 3 of 1951, s. 3 and the Sch., for
“the Indian Air Force Act, 1932”.8. Subs. by Act 10 of 1927, s. 2 and the First
Sch., for “or sailor”.9. Subs. by s. 2 and the First Sch., ibid., for “or
Navy”.10. Subs. by the A. O. 1950, for “Queen”.11. Subs. by Act 26 of 1955, s.
117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).391138A.
[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.—No person subject to 2[the Army Act, 3[the Army Act, 1950(46 of 1950)],
the Naval Discipline Act, 4[5*** 6[the Indian Navy (Discipline) Act, 1934 (34
of 1934)],7[the Air Force Act or 8[the Air Force Act, 1950 (45 of 1950)]]], is
subject to punishment under this Codefor any of the offences defined in this
Chapter.140. Wearing garb or carrying token used by soldier, sailor or
airman.—Whoever, not being asoldier, 9[sailor or airman] in the Military,
10[Naval or Air] service of the 11[Government of India], wearsany garb or
carries any token resembling any garb or token used by such a soldier, 9[sailor
or airman] withthe intention that it may be believed that he is such a soldier,
9[sailor or airman], shall be punished withimprisonment of either description
for a term which may extend to three months, or with fine which mayextend to
five hundred rupees, or with both.CHAPTER VIIIOFOFFENCES AGAINSTTHE PUBLIC
TRANQUILLITY141. 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, 12[the Central or any StateGovernment or Parliament or the Legislature
of any State], or any public servant in the exercise of thelawful power of such
public servant; orSecond.—To resist the execution of any law, or of any legal
process; orThird.—To commit any mischief or criminal trespass, or other
offence; orFourth.—By means of criminal force, or show of criminal force, to
any person, to take or obtainpossession of any property, or to deprive any
person of the enjoyment of a right of way, or of the use ofwater or other
incorporeal right of which he is in possession or enjoyment, or to enforce any
right orsupposed right; orFifth.—By means of criminal force, or show of
criminal force, to compel any person to do what he isnot 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 anunlawful
assembly.142. Being member of unlawful assembly.—Whoever, being aware of facts
which render anyassembly an unlawful assembly, intentionally joins that
assembly, or continues in it, is said to be a memberof an unlawful
assembly.143. Punishment.—Whoever is a member of an unlawful assembly, shall be
punished withimprisonment of either description for a term which may extend to
six months, or with fine, or with both.144. Joining unlawful assembly armed
with deadly weapon.—Whoever, being armed with anydeadly weapon, or with
anything which, used as a weapon of offence, is likely to cause death, is a
memberof an unlawful assembly, shall be punished with imprisonment of either
description for a term which mayextend to two years, or with fine, or with
both.1. Ins. by Act 14 of 1887, s. 79.2. Subs. by Act 10 of 1927, s. 2 and the
First Sch., for “any Articles of War for the Army of Navy of the Queen, or for
any part ofsuch Army or Navy”.3. Subs. by Act 3 of 1951, s. 3 and the Sch., for
“the Indian Army Act, 1911”.4. Ins. by Act 35 of 1934, s. 2 and the Sch.5. The
words “or that Act as modified by” omitted by the A. O. 1950.6.Now see the Navy
Act, 1957 (62 of 1957).7. Subs. by Act 14 of 1932, s. 130 and Sch., for “or the
Air Force Act”.8. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian
Air Force Act, 1932”.9. Subs. by Act 10 of 1927, s. 2 and the First Sch., for
“or sailor”.10. Subs. by s. 2 and the First Sch., ibid., for “or Naval”.11.
Subs. by the A. O. 1950, for “Queen”.12. Subs., ibid., for “the Central or any
Provincial Government or Legislature”.40145. Joining or continuing in unlawful
assembly, knowing it has been commanded to disperse.—Whoever joins or continues
in an unlawful assembly, knowing that such unlawful assembly has beencommanded
in the manner prescribed by law to disperse, shall be punished with
imprisonment of eitherdescription for a term which may extent to two years, or
with fine, or with both.146. Rioting.—Whenever force or violence is used by an
unlawful assembly, or by any memberthereof, in prosecution of the common object
of such assembly, every member of such assembly is guiltyof the offence of
rioting.147. Punishment for rioting.—Whoever is guilty of rioting, shall be
punished with imprisonment ofeither description for a term which may extend to
two years, or with fine, or with both.148. Rioting, armed with deadly
weapon.—Whoever is guilty of rioting, being armed with a deadlyweapon or with
anything which, used as a weapon of offence, is likely to cause death, shall be
punishedwith imprisonment of either description for a term which may extend to
three years, or with fine, or withboth.149. Every member of unlawful assembly
guilty of offence committed in prosecution of commonobject.—If an offence is
committed by any member of an unlawful assembly in prosecution of the
commonobject of that assembly, or such as the members of that assembly knew to
be likely to be committed inprosecution of that object, every person who, at
the time of the committing of that offence, is a member ofthe same assembly, is
guilty of that offence.150. Hiring, or conniving at hiring, of persons to join
unlawful assembly.—Whoever hires orengages, or employs, or promotes, or
connives at the hiring, engagement or employment of any person tojoin or become
a member of any unlawful assembly, shall be punishable as a member of such
unlawfulassembly, and for any offence which may be committed by any such person
as a member of such unlawfulassembly in pursuance of such hiring, engagement or
employment, in the same manner as if he had been amember of such unlawful
assembly, or himself had committed such offence.151. Knowingly joining or
continuing in assembly of five or more persons after it has beencommanded to
disperse.—Whoever knowingly joins or continues in any assembly of five or more
personslikely to cause a disturbance of the public peace, after such assembly
has been lawfully commanded todisperse, shall be punished with imprisonment of
either description for a term which may extend to sixmonths, or with fine, or
with both.Explanation.—If the assembly is an unlawful assembly within the
meaning of section 141, the offenderwill be punishable under section 145.152. Assaulting
or obstructing public servant when suppressing riot, etc.—Whoever assaults
orthreatens to assault, or obstructs or attempts to obstruct, any public
servant in the discharge of his duty assuch public servant, in endeavouring to
disperse an unlawful assembly, or to suppress a riot or affray, oruses, or
threatens, or attempts to use criminal force to such public servant, shall be
punished withimprisonment of either description for a term which may extend to
three years, or with fine, or with both.153. Wantonly giving provocation with
intent to cause riot—if rioting be committed; if notcommitted.—Whoever
malignantly, or wantonly by doing anything which is illegal, gives provocation
toany person intending or knowing it to be likely that such provocation will
cause the offence of rioting to becommitted, 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 whichmay extend to six months, or with fine, or
with both.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—(a) by words, either spoken
or written, or by signs or by visible representations or otherwise,promotes or
attempts to promote, on grounds of religion, race, place of birth, residence,
language, casteor community or any other ground whatsoever, disharmony or
feelings of enmity, hatred or ill-willbetween different religious, racials,
language or regional groups or castes or communities, or1. Subs. by Act 35 of
1969, s. 2, for section 153A.41(b) commits any act which is prejudicial to the
maintenance of harmony between different religious,racial, language or regional
groups or castes or communities, and which disturbs or is likely to disturbthe
public tranquility,1[or]1[(c) organizes any exercise, movement, drill or other
similar activity intending that the participantsin such activity shall use or
be trained to use criminal force or violence or knowing it to be likely thatthe
participants in such activity will use or be trained to use criminal force or
violence, or participatesin such activity intending to use or be trained to use
criminal force or violence or knowing it to be likelythat the participants in
such activity will use or be trained to use criminal force or violence, against
anyreligious, racial, language or regional group or caste or community and such
activity for any reasonwhatsoever causes or is likely to cause fear or alarm or
a feeling of insecurity amongst members ofsuch 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 insub-section (1)
in any place of worship or in any assembly engaged in the performance of
religious worshipor religious ceremonies, shall be punished with imprisonment
which may extend to five years and shall alsobe liable to fine.]2[153AA.
Punishment for knowingly carrying arms in any procession or organising, or
holdingor taking part in any mass drill or mass training with arms.—Whoever
knowingly carries arms in anyprocession or organizes or holds or takes part in
any mass drill or mass training with arms in any publicplace in contravention
of any public notice or order issued or made under section 144A of the Code
ofCriminal Procedure, 1973 (2 of 1974) shall be punished with imprisonment for
a term which may extendto six months and with fine which may extend to two
thousand rupees.Explanation.—“Arms” means articles of any description designed
or adapted as weapons for offenceor defence and includes firearms, sharp edged
weapons, lathis, dandas and sticks].1[153B. Imputations, assertions prejudicial
to national integration.—(1) Whoever, by words eitherspoken or written or by
signs or by visible representations or otherwise,—(a) makes or publishes any
imputation that any class of persons cannot, by reason of their beingmembers of
any religious, racial, language or regional group or caste or community, bear
true faith andallegiance to the Constitution of India as by law established or
uphold the sovereignty and integrity ofIndia, or(b) asserts, counsels, advises,
propagates or publishes that any class of persons shall, by reason oftheir
being members of any religious, racial, language or regional group or caste or
community, bedenied, or deprived of their rights as citizens of India, or(c)
makes or publishes and assertion, counsel, plea or appeal concerning the
obligation of any classof persons, by reason of their being members of any
religious, racial, language or regional group orcaste or community, and such
assertion, counsel, plea or appeal causes or is likely to cause disharmonyor
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 assemblyengaged in the performance of religious
worship or religious ceremonies, shall be punished withimprisonment which may
extend to five years and shall also be liable to fine.]154. Owner or occupier
of land on which an unlawful assembly is held.—Whenever any unlawfulassembly or
riot takes place, the owner or occupier of the land upon which such unlawful
assembly is held,or such riot is committed, and any person having or claiming
an interest in such land, shall be punishablewith fine not exceeding one
thousand rupees, if he or his agent or manager, knowing that such offence
isbeing or has been committed, or having reason to believe it is likely to be
committed, do not give the earliestnotice thereof in his or their power to the
principal officer at the nearest police-station,1. Ins. by Act 31 of 1972, s.
2.2. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).42and do not, in the case
of his or their having reason to believe that it was about to be committed, use
alllawful means in his or their power to prevent it and, in the event of its
taking place, do not use all lawfulmeans in his or their power to disperse or
suppress the riot or unlawful assembly.155. Liability of person for whose
benefit riot is committed.—Whenever a riot is committed for thebenefit or on
behalf of any person who is the owner or occupier of any land respecting which
such riot takesplace or who claims any interest in such land, or in the subject
of any dispute which gave rise to the riot, orwho has accepted or derived any
benefit therefrom, such person shall be punishable with fine, if he or hisagent
or manager, having reason to believe that such riot was likely to be committed
or that the unlawfulassembly by which such riot was committed was likely to be
held, shall not respectively use all lawfulmeans in his or their power to
prevent such assembly or riot from taking place, and for suppressing
anddispersing the same.156. Liability of agent of owner or occupier for whose
benefit riot is committed.—Whenever a riotis committed for the benefit or on
behalf of any person who is the owner or occupier of any land respectingwhich
such riot takes place, or who claims any interest in such land, or in the
subject of any dispute whichgave 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, havingreason to believe that such riot was
likely to be committed, or that the unlawful assembly by which suchriot was
committed was likely to be held, shall not use all lawful means in his power to
prevent such riot orassembly from taking place and for suppressing and
dispersing the same.157. Harbouring persons hired for an unlawful
assembly.—Whoever harbours, receives orassembles, in any house or premises in
his occupation or charge, or under his control any persons knowingthat such
persons have been hired, engaged or employed, or are about to be hired, engaged
or employed, tojoin or become members of an unlawful assembly, shall be
punished with imprisonment of eitherdescription for a term which may extend to
six months, or with fine, or with both.158. Being hired to take part in an
unlawful assembly or riot.—Whoever is engaged, or hired, oroffers 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, orwith fine, or with both,or to go
armed.—and whoever, being so engaged or hired as aforesaid, goes armed, or
engages oroffers to go armed, with any deadly weapon or with anything which
used as a weapon of offence is likelyto cause death, shall be punished with
imprisonment of either description for a term which may extend totwo years, or
with fine, or with both.159. Affray.—When two or more persons, by fighting in a
public place, disturb the public peace, theyare said to “commit an affray”.160.
Punishment for committing affray.—Whoever commits an affray, shall be punished
withimprisonment of either description for a term which may extend to one
month, or with fine which mayextend to one hundred rupees, or with both.STATE
AMENDMENTUttar PradeshAbatement of certain trials.— Notwithstanding anything
contained in any other law for the time beingin force, —(1) the trial of an
accused for —(a) an offence punishable under —“(i) the Motor Vehicles Act,
1988; or ”43(ii) the Public Gambling Act, 1867, not being an offence punishable
under section 3 of that Actor an offence in respect of wagering punishable
under section 13 of that Act; or(iii) section 34 of the Police Act, 1861; or(iv)
section 160 of the Indian Penal Code, 1860; or(b) any other offence punishable
with fine only, or(2) a procedure, under section 107 or section 109 of the Code
of Criminal Procedure, 1973, pendingbefore a Magistrate on the date of
commencement of this Act from before “December 31, 2015” shall abate.[Vide the
Uttar Pradesh Act 35 of 1979, s. 9, and amended by Uttar Pradesh Act 29 of 2016
and 9 of2018].CHAPTER IXOFOFFENCES BY OR RELATING TO PUBLIC SERVANTS161.
[Public servant taking a gratification other than legal remuneration, in
respect of an officialact.]Rep. by the Prevention of Corruption Act, 1988 (49
of 1988), s. 31.STATE AMENDMENTKerala.—Amendment of section 161, Central Act 45
of 1860.—In section 161 of the Indian Penal Code(Central Act 45 of 1860), after
the explanation relating to “A motive or reward for doing”, the
followingexplanation shall be inserted, namely:—“‘Public Servant’.— For
purposes of this section and sections 162, 163, 164, 165 and 165A, thewords
‘public servant’ shall denote, besides those who are public servants under
section 21 or who aredeemed to be ‘public servants’ within the meaning of that
section under any law for the time being inforce, persons falling under any of
the descriptions hereinafter following, namely:—(i) Every officer in the
service or pay of the Travancore Devaswom Board or the CochinDevaswom Board or
the Cochin Devaswom Board;(ii) Every officer in the service or pay and every
member of the Wakfs Board constituted underthe Wakfs Act, 1954 (Central Act 29
of 1954);(iii) The President and every member of a Village Court or Village
Panchayat Court;(iv) Every member of the Board of Directors or of the executive
or managing committee andevery officer or servant of a co-operative society
registered or deemed to be registered under thelaw relating to co-operative
societies for the time being in force.(v) Every member of the governing body
and every officer or servant in the service or pay of asociety registered under
the Travancore-Cochin Literary, Scientific and Charitable SocietiesRegistration
Act, 1955 or the Societies Registration Act, 1860, and receiving aid or grant
from theGovernment;(vi) Every teacher or other officer or servant of the
University of Kerala;(vii) Every examiner of a University Examination or a Government
Examination;(viii) Every Manager, or teacher or servant of an educational
institution which receives or hasreceived aid or grant from the Government or
the University of kerala.”.[Vide Kerala Act 27 of 1962, sec. 2].44162. [Taking
a gratification, in order, by corrupt or illegal means, to influence a public
servant.] Rep.by s. 31, ibid.163. [Taking a gratification for the exercise of
personal influence with a public servant.] Rep. bys. 31, ibid.164. [Punishment
for abetment by public servant of the offences above defined.]Rep. by s. 31,
ibid.165. [Public servant obtaining any valuable thing, without consideration,
from person concerned inany proceeding or business transacted by such public
servant.]Rep. by s. 31, ibid.165A.[Punishment for abetment of offences defined
in section 161 or section 165.]Rep. by the Preventionof Corruption Act, 1988
(49 of 1988), s.31.166. Public servant disobeying law, with intent to cause
injury to any person.—Whoever, being apublic servant, knowingly disobeys any
direction of the law as to the way in which he is to conduct himselfas such
public servant, intending to cause, or knowing it to be likely that he will by
such disobedience,cause injury to any person, shall be punished with simple
imprisonment for a term which may extend toone year, or with fine, or with
both.IIIustrationA, being an officer directed by law to take property in
execution, in order to satisfy a decree pronouncedin Z's favour by a Court of
Justice, knowingly disobeys that direction of law, with the knowledge that he
islikely thereby to cause injury to Z. A has committed the offence defined in
this section.1[166A. Public servant disobeying direction under law.—Whoever,
being a public servant,—(a) knowingly disobeys any direction of the law which
prohibits him from requiring the attendanceat any place of any person for the
purpose of investigation into an offence or any other matter, or(b) knowingly
disobeys, to the prejudice of any person, any other direction of the law
regulatingthe manner in which he shall conduct such investigation, or(c) fails
to record any information given to him under sub-section (1) of section 154 of
the Code ofCriminal Procedure, 1973 (2 of 1974), in relation to cognizable
offence punishable under section 326A,section 326B, section 354, section 354B,
section 370, section 370A, section 376, section 376A,2[section 376AB, section
376B, section 376C, section 376D, section 376DA, section 376DB], section376E or
section 509,shall be punished with rigorous imprisonment for a term which shall
not be less than six months but whichmay extend to two years, and shall also be
liable to fine.STATE AMENDMENTArunachal PradeshAmendment of section 166A.—In
section 166A of the principal Act, in clause (c), for the words,figures and
letters “section 326A, section 326B, section 354, section 354A, section 370,
section 370A,section 376, section 376A, section 376B, section 376C, section
376D, section 376E or section 509” thewords, figures and letters “section 326A,
section 326B, section 354, sub-sections (2) and (3) of section354A, section
354B, section 354C, sub-sections (2) of section 354D, section 370, section
370A, section376, section 376A, section 376AA, section 376B, section 376C,
section 376D, section 376DA, section 376Eor section 509” shall be substituted.[Vide
Arunachal Pradesh Act 3 of 2019, s. 3]166B. Punishment for non-treatment of
victim.—Whoever, being in charge of a hospital, public orprivate, whether run
by the Central Government, the State Government, local bodies or any other
person,contravenes the provisions of section 357C of the Code of Criminal
Procedure, 1973 (2 of 1974), shall bepunished with imprisonment for a term
which may extend to one year or with fine or with both.]167. Public servant
framing an incorrect document with intent to cause injury.—Whoever, beinga
public servant, and being, as 3[such public servant, charged with the
preparation or translation of anydocument or electronic record, frames,
prepares or translates that document or electronic record] in amanner which he
knows or believes to be incorrect, intending thereby to cause or knowing it to
be likely1. Ins. by Act 13 of 2013, s. 3 (w.e.f. 03-02-2013).2. Subs. by Act 22
of 2018, s. 2, for “section 376B, section 376C, section 376D” (w.e.f.
21-4-2018).3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain
words (w.e.f. 17-10-2000).45that he may thereby cause injury to any person,
shall be punished with imprisonment of either descriptionfor a term which may
extend to three years, or with fine, or with both.168. Public servant
unlawfully engaging in trade.—Whoever, being a public servant, and beinglegally
bound as such public servant not to engage in trade, engages in trade, shall be
punished with simpleimprisonment for a term which may extend to one year, or
with fine, or with both.169. Public servant unlawfully buying or bidding for
property.—Whoever, being a public servant,and being legally bound as such
public servant, not to purchase or bid for certain property, purchases orbids
for that property, either in his own name or in the name of another, or
jointly, or in shares with others,shall be punished with simple imprisonment
for a term which may extend to two years, or with fine, or withboth; and the
property, if purchased, shall be confiscated.170. Personating a public
servant.—Whoever pretends to hold any particular office as a publicservant,
knowing that he does not hold such office or falsely personates any other
person holding suchoffice, and in such assumed character does or attempts to do
any act under colour of such office, shall bepunished with imprisonment of
either description for a term which may extend to two years, or with fine,or
with both.171. Wearing garb or carrying token used by public servant with
fraudulent intent.—Whoever,not belonging to a certain class of public servants,
wears any garb or carries any token resembling any garbor token used by that
class of public servants, with the intention that it may be believed, or with
theknowledge that it is likely to be believed, that he belongs to that class of
public servants, shall be punishedwith imprisonment of either description for a
term which may extend to three months, or with fine whichmay extend to two
hundred rupees, or with both.1[CHAPTER IXAOF OFFENCESRELATING TO ELECTIONS171A.
“Candidate”, “Electoral right” defined.—For the purposes of 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 frombeing, a candidate or to vote or refrain from
voting at an election.171B. Bribery.—(1) Whoever—(i) gives a gratification to
any person with the object of inducing him or any other person to exerciseany
electoral right or of rewarding any person for having exercised any such right;
or(ii) accepts either for himself or for any other person any gratification as
a reward for exercisingany such right or for inducing or attempting to induce
any other person to exercise any such right,commits the offence of
bribery:Provided that a declaration of public policy or a promise of public
action shall not be an offence underthis section.(2) A person who offers, or
agrees to give, or offers or attempts to procure, a gratification shall
bedeemed to give a gratification.(3) A person who obtains or agrees to accept
or attempts to obtain a gratification shall be deemed toaccept a gratification,
and a person who accepts a gratification as a motive for doing what he does not
intendto do, or as a reward for doing what he has not done, shall be deemed to
have accepted the gratification asa reward.171C. Undue influence at
elections.—(1) Whoever voluntarily interferes or attempts to interfere withthe
free exercise of any electoral right commits the offence of undue influence at
an election.(2) Without prejudice to the generality of the provisions of
sub-section (1), whoever—1. Ins.by Act 39 of 1920, s. 2.2. Subs. by Act 40 of
1975, s. 9, for cl. (a).46(a) threatens any candidate or voter, or any person
in whom a candidate or voter is interested, withinjury of any kind, or(b)
induces or attempts to induce a candidate or voter to believe that he or any
person in whom heis interested will become or will be rendered an object of
Divine displeasure or of spiritual censure,shall be deemed to interfere with
the free exercise of the electoral right of such candidate or voter, withinthe
meaning of sub-section (1).(3) A declaration of public policy or a promise of
public action or the mere exercise or a legal rightwithout intent to interfere
with an electoral right, shall not be deemed to be interference within the
meaningof this section.171D. Personation at elections.—Whoever at an election
applies for a voting paper on votes in thename of any other person, whether
living or dead, or in a fictitious name, or who having voted once at
suchelection applies at the same election for a voting paper in his own name,
and whoever abets, procures orattempts to procure the voting by any person in
any such way, commits the offence of personation at anelection.1[Provided that
nothing in this section shall apply to a person who has been authorised to vote
as proxyfor an elector under any law for the time being in force in so far as
he votes as a proxy for such elector.]171E. Punishment for bribery.—Whoever
commits the offence of bribery shall be punished withimprisonment 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.—Whoever commits theoffence of undue
influence or personation at an election shall be punished with imprisonment of
eitherdescription for a term which may extend to one year or with fine, or with
both.171G. False statement in connection with an election.—Whoever with intent
to affect the result ofan election makes or publishes any statement purporting
to be a statement of fact which is false and whichhe either knows or believes
to be false or does not believe to be true, in relation to the personal
character orconduct of any candidate shall be punished with fine.171H. Illegal
payments in connection with an election.—Whoever without the general or
specialauthority in writing of a candidate incurs or authorises expenses on
account of the holding of any publicmeeting, or upon any advertisement,
circular or publication, or in any other way whatsoever for the purposeof promoting
or procuring the election of such candidate, shall be punished with fine which
may extend tofive hundred rupees:Provided that if any person having incurred
any such expenses not exceeding the amount of ten rupeeswithout authority
obtains within ten days from the date on which such expenses were incurred the
approvalin writing of the candidate, he shall be deemed to have incurred such
expenses with the authority of thecandidate.171-I. Failure to keep election
accounts.—Whoever being required by any law for the time being inforce or any
rule having the force of law to keep accounts of expenses incurred at or in
connection with anelection fails to keep such accounts shall be punished with
fine which may extend to five hundred rupees.]CHAPTER XOF CONTEMPTSOF THE
LAWFUL AUTHORITYOF PUBLIC SERVANTS172. Absconding to avoid service of summons
or other proceeding.—Whoever absconds in order toavoid being served with a
summons, notice or order proceeding from any public servant legally
competent,as such public servant, to issue such summons, notice or order, shall
be punished with simple imprisonmentfor a term which may extend to one month,
or with fine which may extend to five hundred rupees, or withboth;or, if the
summons or notice or order is to attend in person or by agent, or to 2[produce
a document oran electronic record in a Court of Justice], with simple
imprisonment for a term which may extend to sixmonths, or with fine which may
extend to one thousand rupees, or with both.1. The proviso ins. by Act 24 of 2003,
s. 5 (w.e.f. 22-9-2003).2. Subs. by Act 21 of 2000, s. 91 and the First Sch.,
for “produce a document in a Court of Justice” (w.e.f. 17-10-2000).47173.
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, as such public servant, toissue 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 lawfullyaffixed,or intentionally
prevents the lawful making of any proclamation, under the authority of any
publicservant 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 finewhich may extend to five hundred
rupees, or with both;or, if the summons, notice, order or proclamation is to
attend in person or by agent, or 1[to produce adocument or electronic record in
a Court of Justice] with simple imprisonment for a term which may extendto six
months, or with fine which may extend to one thousand rupees, or with both.174.
Non-attendance in obedience to an order from public servant.—Whoever, being
legally boundto attend in person or by an agent at a certain place and time in
obedience to a summons, notice, order, orproclamation proceeding from any
public servant legally competent, as such public servant, to issue
thesame,intentionally omits to attend at that place or time, or departs from
the place where he is bound to attendbefore 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 finewhich may extend to five hundred rupees, or
with both;or, if the summons, notice, order or proclamation is to attend in
person or by agent in a Court of Justice,with simple imprisonment for a term
which may extend to six months, or with fine which may extend toone thousand
rupees, or with both.Illustrations(a) A, being legally bound to appear before
the 2[High Court] at Calcutta, in obedience to a subpoena issuing from that
Court,intentionally omits to appear. A has committed the offence defined in
this section.(b) A, being legally bound to appear before a 3[District Judge],
as a witness, in obedience to a summons issued by that 3[DistrictJudge]
intentionally omits to appear. A has committed the offence defined in this
section.4[174A. Non-appearance in response to a proclamation under section 82
of Act 2 of 1974.—Whoever fails to appear at the specified place and the
specified time as required by a proclamation publishedunder sub-section (1) of
section 82 of the Code of Criminal Procedure, 1973 shall be punished
withimprisonment for a term which may extend to three years or with fine or
with both, and where a declarationhas been made under sub-section (4) of that
section pronouncing him as a proclaimed offender, he shall bepunished with
imprisonment for a term which may extend to seven years and shall also be
liable to fine.]175. Omission to produce document to public servant by person
legally bound to produce it.—Whoever, being legally bound to produce or deliver
up any 5[document or electronic record] to any publicservant, as such,
intentionally omits so to produce or deliver up the same, shall be punished
with simpleimprisonment for a term which may extend to one month, or with fine
which may extend to five hundredrupees, or with both;or, if the 5[document or
electronic record] is to be produced or delivered up to a Court of Justice,
withsimple imprisonment for a term which may extend to six months, or with fine
which may extend to onethousand rupees, or with both.IllustrationA, being
legally bound to produce a document before a 6[District Court], intentionally
omits to produce the same. A hascommitted the offence defined in this
section.1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “to produce a
document in a Court of Justice” (w.e.f. 17-10-2000).2. Subs. by the A. O. 1950,
for “Supreme Court”.3. Subs. ibid., for “Zila Judge”.4. Ins. by Act 25 of 2005,
s. 44 (w.e.f. 23-6-2005).5. Subs. by Act 21 of 2000, s. 91 and the First Sch.,
for “document” (w.e.f. 17-10-2000).6. Subs. by the A.O. 1950, for “Zila
Court”.48176. 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 publicservant, as such,
intentionally omits to give such notice or to furnish such information in the
manner and atthe time required by law, shall be punished with simple
imprisonment for a term which may extend to onemonth, 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 requiredfor
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 toone thousand rupees, or
with both;1[or, if the notice or information required to be given is required
by an order passed undersub-section (1) of section 565 of the Code of Criminal
Procedure, 1898 (5 of 1898), with imprisonment ofeither description for a term
which may extend to six months, or with fine which may extend to one
thousandrupees, or with both.]177. Furnishing false information.—Whoever, being
legally bound to furnish information on anysubject to any public servant, as
such, furnishes, as true, information on the subject which he knows or
hasreason to believe to be false shall be punished with simple imprisonment for
a term which may extend tosix 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 isrequired for the purpose of
preventing the commission of an offence, or in order to the apprehension of
anoffender, with imprisonment of either description for a term which may extend
to two years, or with fine,or with both.Illustrations(a) A, a landholder,
knowing of the commission of a murder within the limits of his estate, wilfully
misinforms the Magistrateof the district that the death has occurred by
accident in consequence of the bite of a snake. A is guilty of the offence
defined inthis section.(b) A, a village watchman, knowing that a considerable
body of strangers has passed through his village in order to commit adacoity in
the house of Z, a wealthy merchant residing in a neighbouring place, and being
bound under clause 5, section VII,2Regulation III, 1821, of the Bengal Code, to
give early and punctual information of the above fact to the officer of the
nearestpolice-station, wilfully misinforms the police officer that a body of
suspicious characters passed through the village with a view tocommit dacoity
in a certain distant place in a different direction. Here A is guilty of the
offence defined in the latter part of thissection.3[Explanation.—In section 176
and in this section the word “offence” includes any act committed atany place
out of 4[India], which, if committed in 4[India], would be punishable under any
of the followingsections, 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
suchact.]178. Refusing oath or affirmation when duly required by public servant
to make it.—Whoeverrefuses to bind himself by an oath 5[or affirmation] to
state the truth, when required so to bind himself by apublic servant legally
competent to require that he shall so bind himself, shall be punished with
simpleimprisonment for a term which may extend to six months, or with fine
which may extend to one thousandrupees, or with both.179. Refusing to answer
public servant authorised to question.—Whoever, being legally bound tostate the
truth on any subject to any public servant, refuses to answer any question
demanded of himtouching that subject by such public servant in the exercise of
the legal powers of such public servant, shall1. Added by Act 22 of 1939, s.
2.2. Rep. by Act 17 of 1862, s. VII and Sch.3. Added by Act 3 of 1894, s. 5.4.
The words “British India” have successively been subs. by the A. O. 1948, the
A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,to read as above.5. Ins. by Act
10 of 1873, s. 15.49be punished with simple imprisonment for a term which may
extend to six months, or with fine which mayextend to one thousand rupees, or
with both.180. Refusing to sign statement.—Whoever refuses to sign any
statement made by him, when requiredto sign that statement by a public servant
legally competent to require that he shall sign that statement, shallbe
punished with simple imprisonment for a term which may extend to three months,
or with fine whichmay extend to five hundred rupees, or with both.181. False
statement on oath or affirmation to public servant or person authorised to
administeran oath or affirmation.—Whoever, being legally bound by an oath 1[or
affirmation] to state the truth onany subject to any public servant or other
person authorized by law to administer such oath 1[or affirmation],makes, to
such public servant or other person as aforesaid, touching that subject, any
statement which isfalse, and which he either knows or believes to be false or
does not believe to be true, shall be punishedwith imprisonment of either
description for a term which may extend to three years, and shall also be
liableto fine.2[182. False information, with intent to cause public servant to
use his lawful power to the injuryof another person.—Whoever gives to any
public servant any information which he knows or believes tobe false, intending
thereby to cause, or knowing it to be likely that he will thereby cause, such
publicservant—(a) to do or omit anything which such public servant ought not to
do or omit if the true state of factsrespecting which such information is given
were known by him, or(b) to use the lawful power of such public servant to the
injury or annoyance of any person,shall be punished with imprisonment of either
description for a term which may extend to six months, orwith fine which may
extend to one thousand rupees, or with both.Illustrations(a) A informs a
Magistrate that Z, a police-officer, subordinate to such Magistrate, has been
guilty of neglect of duty ormisconduct, knowing such information to be false,
and knowing it to be likely that the information will cause the Magistrate
todismiss Z. A has committed the offence defined in this section.(b) A falsely
informs a public servant that Z has contraband salt in a secret place, knowing
such information to be false, andknowing that it is likely that the consequence
of the information will be a search of Z's premises, attended with annoyance to
Z. Ahas committed the offence defined in this section.(c) A falsely informs a
policeman that he has been assaulted and robbed in the neighbourhood of a
particular village. He doesnot mention the name of any person as one of his
assailants, but knows it to be likely that in consequence of this information
thepolice will make enquiries and institute searches in the village to the
annoyance of the villagers or some of them. A has committedan offence under
this section.]183. Resistance to the taking of property by the lawful authority
of a public servant.—Whoeveroffers any resistance to the taking of any property
by the lawful authority of any public servant, knowingor having reason to
believe that he is such public servant, shall be punished with imprisonment of
eitherdescription for a term which may extend to six months, or with fine which
may extend to one thousandrupees, or with both.184. Obstructing sale of
property offered for sale by authority of public servant.—Whoeverintentionally
obstructs any sale of property offered for sale by the lawful authority of any
public servant, assuch, shall be punished with imprisonment of either
description for a term which may extend to one month,or with fine which may
extend to five hundred rupees, or with both.185. Illegal purchase or bid for
property offered for sale by authority of public servant.—Whoever, at any sale
of property held by the lawful authority of a public servant, as such,
purchases or bidsfor any property on account of any person, whether himself or
any other, whom he knows to be under alegal incapacity to purchase that
property at that sale, or bids for such property not intending to perform
theobligations under which he lays himself by such bidding, shall be punished
with imprisonment of either1. Ins. by Act 10 of 1873, s. 15.2. Subs. by Act 3
of 1895, s. 1, for section 182.50description for a term which may extend to one
month, or with fine which may extend to two hundredrupees, or with both.186.
Obstructing public servant in discharge of public functions.—Whoever
voluntarily obstructsany public servant in the discharge of his public
functions, shall be punished with imprisonment of eitherdescription for a term
which may extend to three months, or with fine which may extend to five
hundredrupees, or with both.187. Omission to assist public servant when bound
by law to give assistance.—Whoever, beingbound by law to render or furnish
assistance to any public servant in the execution of his public
duty,intentionally omits to give such assistance, shall be punished with simple
imprisonment for a term whichmay extend to one month, or with fine which may
extend to two hundred rupees, or with both;and if such assistance be demanded
of him by a public servant legally competent to make such demand forthe
purposes of executing any process lawfully issued by a Court of Justice, or of
preventing the commissionof an offence, or suppressing a riot, or affray, or of
apprehending a person charged with or guilty of anoffence, or of having escaped
from lawful custody, shall be punished with simple imprisonment for a termwhich
may extend to six months, or with fine which may extend to five hundred rupees,
or with both.188. Disobedience to order duly promulgated by public
servant.—Whoever, knowing that, by anorder promulgated by a public servant
lawfully empowered to promulgate such order, he is directed toabstain from a
certain act, or to take certain order with certain property in his possession
or under hismanagement, disobeys such direction,shall, if such disobedience
causes or tends to cause obstruction, annoyance or injury, or risk
ofobstruction, annoyance or injury, to any persons lawfully employed, be
punished with simple imprisonmentfor a term which may extend to one month or
with fine which may extend to two hundred rupees, or withboth;and if such
disobedience causes or tends to cause danger to human life, health or safety,
or causes ortends to cause a riot or affray, shall be punished with
imprisonment of either description for a term whichmay 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 hisdisobedience as likely to produce harm. It is sufficient that he
knows of the order which he disobeys, andthat his disobedience produces, or is
likely to produce, harm.IllustrationAn order is promulgated by a public servant
lawfully empowered to promulgate such order, directing that a
religiousprocession shall not pass down a certain street. A knowingly disobeys
the order, and thereby causes danger of riot. A has committedthe offence
defined in this section.189. Threat of injury to public servant.—Whoever holds
out any threat of injury to any publicservant, or to any person in whom he
believes that public servant to be interested, for the purpose ofinducing that
public servant to do any act, or to forbear or delay to do any act, connected
with the exerciseof the public functions of such public servant, shall be
punished with imprisonment of either descriptionfor a term which may extend to
two years, or with fine, or with both.190. Threat of injury to induce person to
refrain from applying for protection to public servant.—Whoever holds out any
threat of injury to any person for the purpose of inducing that person to
refrain ordesist from making a legal application for protection against any
injury to any public servant legallyempowered as such to give such protection,
or to cause such protection to be given, shall be punished withimprisonment of
either description for a term which may extend to one year, or with fine, or
with both.51CHAPTER XIOF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE191.
Giving false evidence.—Whoever, being legally bound by an oath or by an express
provision oflaw to state the truth, or being bound by law to make a declaration
upon any subject, makes any statementwhich is false, and which he either knows
or believes to be false or does not believe to be true, is said togive false
evidence.Explanation1.—A statement is within the meaning of this section,
whether it is made verbally orotherwise.Explanation 2.—A false statement as to
the belief of the person attesting is within the meaning of thissection, and a
person may be guilty of giving false evidence by stating that he believes a
thing which hedoes not believe, as well as by stating that he knows a thing
which he does not know.Illustrations(a) A, in support of a just claim which B
has against Z for one thousand rupees, falsely swears on a trial that he heard
Z admitthe justice of B's claim. A has given false evidence.(b) A, being bound
by an oath to state the truth, states that he believes a certain signature to
be the handwriting of Z, when hedoes not believe it to be the handwriting of Z.
Here A states that which he knows to be false, and therefore gives false
evidence.(c) A, knowing the general character of Z's handwriting, states that he
believes a certain signature to be the handwriting of Z;A in good faith
believing it to be so. Here A's statement is merely as to his belief, and is
true as to his belief, and therefore, althoughthe signature may not be the
handwriting of Z, A has not given false evidence.(d) A, being bound by an oath
to state the truth, states that he knows that Z was at a particular place on a
particular day, notknowing anything upon the subject. A gives false evidence
whether Z was at that place on the day named or not.(e) A, an interpreter or
translator, gives or certifies as a true interpretation or translation of a
statement or document which heis bound by oath to interpret or translate truly,
that which is not and which he does not believe to be a true interpretation
ortranslation. A has given false evidence.192. Fabricating false
evidence.—Whoever causes any circumstance to exist or 1[makes any falseentry in
any book or record, or electronic record or makes any document or electronic
record containing afalse statement,] intending that such circumstance, false
entry or false statement may appear in evidence ina 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 personwho in such proceeding is to form an
opinion upon the evidence, to entertain an erroneous opinion touchingany point
material to the result of such proceeding is said “to fabricate false
evidence”.Illustrations(a) A puts jewels into a box belonging to Z, with the
intention that they may be found in that box, and that this circumstancemay
cause Z to be convicted of theft. A has fabricated false evidence.(b) A makes a
false entry in his shop-book for the purpose of using it as corroborative
evidence in a Court of Justice. A hasfabricated false evidence.(c) A, with the
intention of causing Z to be convicted of a criminal conspiracy, writes a
letter in imitation of Z's handwriting,purporting to be addressed to an
accomplice in such criminal conspiracy, and puts the letter in a place which he
knows that theofficers of the police are likely to search. A has fabricated
false evidence.193. Punishment for false evidence.—Whoever intentionally gives
false evidence in any of a judicialproceeding, or fabricates false evidence for
the purpose of being used in any stage of a judicial proceeding,shall be
punished with imprisonment of either description for a term which may extend to
seven years, andshall also be liable to fine;and whoever intentionally gives or
fabricates false evidence in any other case, shall be punished withimprisonment
of either description for a term which may extend to three years, and shall
also be liable tofine.1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for
certain words (w.e.f. 17-10-2000).52Explanation 1.—A trial before a
Court-martial1***is a judicial proceeding.Explanation 2.—An investigation
directed by law preliminary to a proceeding before a Court of Justice,is a
stage of a judicial proceeding, though that investigation may not take place
before a Court of Justice.IllustrationA, in an enquiry before a Magistrate for
the purpose of ascertaining whether Z ought to be committed for trial, makes on
oatha 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 underthe
authority of a Court of Justice, is a stage of a judicial proceeding, though
that investigation may not takeplace before a Court of Justice.IllustrationA,
in an enquiry before an officer deputed by a Court of Justice to ascertain on
the spot the boundaries of land, makes on oatha statement which he knows to be
false. As this enquiry is a stage of a judicial proceeding, A has given false
evidence.194. Giving or fabricating false evidence with intent to procure
conviction of capital offence.—Whoever gives or fabricates false evidence,
intending thereby to cause, or knowing it to be likely that hewill thereby
cause, any person to be convicted of an offence which is capital 2[by the law
for the time beingin force in 3[India]] shall be punished with 4[imprisonment
for life], or with rigorous imprisonment for aterm which may extend to ten
years, and shall also be liable to fine;If innocent person be thereby convicted
and executed.—and if an innocent person be convicted andexecuted in consequence
of such false evidence, the person who gives such false evidence shall be
punishedeither with death or the punishment hereinbefore described.195. Giving
or fabricating false evidence with intent to procure conviction of offence
punishablewith imprisonment for life or imprisonment.—Whoever gives or
fabricates false evidence intendingthereby to cause, or knowing it to be likely
that he will thereby cause, any person to be convicted of anoffence which 2[by
the law for the time being in force in 3[India]] is not capital, but punishable
with4[imprisonment for life], or imprisonment for a term of seven years or
upwards, shall be punished as aperson convicted of that offence would be liable
to be punished.IllustrationA gives false evidence before a Court of Justice,
intending thereby to cause Z to be convicted of a dacoity. The punishment
ofdacoity 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.6[195A.
Threatening any person to give false evidence.—Whoever threatens another with
any injuryto his person, reputation or property or to the person or reputation
of any one in whom that person isinterested, with intent to cause that person
to give false evidence shall be punished with imprisonment ofeither description
for a term which may extend to seven years, or with fine, or with both;and if
innocent person is convicted and sentenced in consequence of such false
evidence, with death orimprisonment for more than seven years, the person who
threatens shall be punished with the samepunishment and sentence in the same
manner and to the same extent such innocent person is punished
andsentenced.]196. Using evidence known to be false.—Whoever corruptly uses or
attempts to use as true or genuineevidence any evidence which he knows to be
false or fabricated, shall be punished in the same manner asif he gave or
fabricated false evidence.1. The words “or before a Military Court of Request”
rep. by Act 13 of 1889, s. 2 and Sch.2. Subs. by the A.O. 1948, for “by the law
of British India or England”.3. Subs. by Act 3 of 1951, s. 3 and the Sch., for
“the States”.4. Subs. by Act 26 of1955, s. 117 and the Sch., for
“transportation for life” (w.e.f. 1-1-1956).5. Subs. by s. 117 and the
Schedule, ibid., for “such transportation” (w.e.f. 1-1-1956).6. Ins. by Act 2
of 2006, s. 2 (w.e.f. 16-4-2006).53197. Issuing or signing false
certificate.—Whoever issues or signs any certificate required by law tobe given
or signed, or relating to any fact of which such certificate is by law
admissible in evidence,knowing or believing that such certificate is false in
any material point, shall be punished in the samemanner as if he gave false
evidence.198. Using as true a certificate known to be false.—Whoever corruptly
uses or attempts to use anysuch certificate as a true certificate, knowing the
same to be false in any material point, shall be punishedin the same manner as
if he gave false evidence.199. False statement made in declaration which is by
law receivable as evidence.—Whoever, inany declaration made or subscribed by
him, which declaration any Court of Justice, or any public servantor other
person, is bound or authorised by law to receive as evidence of any fact, makes
any statementwhich is false, and which he either knows or believes to be false
or does not believe to be true, touchingany point material to the object for
which the declaration is made or used, shall be punished in the samemanner as
if he gave false evidence.200. Using as true such declaration knowing it to be
false.—Whoever corruptly uses or attempts touse as true any such declaration,
knowing the same to be false in any material point, shall be punished inthe
same manner as if he gave false evidence.Explanation.—A declaration which is
inadmissible merely upon the ground of some informality, is adeclaration within
the meaning of sections 199 and 200.201. Causing disappearance of evidence of
offence, or giving false information to screenoffender.—Whoever, knowing or
having reason to believe that an offence has been committed, causes anyevidence
of the commission of that offence to disappear, with the intention of screening
the offender fromlegal punishment, or with that intention gives any information
respecting the offence which he knows orbelieves to be false,if a capital
offence.—shall, if the offence which he knows or believes to have been
committed ispunishable with death be punished with imprisonment of either
description for a term which may extend toseven years, and shall also be liable
to fine;if punishable with imprisonment for life.—and if the offence is
punishable with 1[imprisonment forlife], or with imprisonment which may extend
to ten years, shall be punished with imprisonment of eitherdescription for a
term which may extend to three years, and shall also be liable to fine;if
punishable with less than ten years’ imprisonment.—and if the offence is
punishable withimprisonment for any term not extending to ten years, shall be
punished with imprisonment of thedescription provided for the offence, for a
term which may extend to one-fourth part of the longest term ofthe imprisonment
provided for the offence, or with fine, or with both.IllustrationA, knowing
that B has murdered Z, assists B to hide the body with the intention of
screening B from punishment. A is liableto imprisonment of either description
for seven years, and also to fine.202. Intentional omission to give information
of offence by person bound to inform.—Whoever,knowing or having reason to
believe that an offence has been committed, intentionally omits to give
anyinformation respecting that offence which he is legally bound to give, shall
be punished with imprisonmentof either description for a term which may extend
to six months, or with fine, or with both.203. Giving false information
respecting an offence committed.—Whoever, knowing or havingreason to believe
that an offence has been committed, gives any information respecting that
offence whichhe knows or believes to be false, shall be punished with
imprisonment of either description for a term whichmay extend to two years, or
with fine, or with both.541[Explanation.—In sections 201 and 202 and in this
section the word “offence” includes any actcommitted at any place out of
2[India], which, if committed in 2[India], would be punishable under any ofthe
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.—Whoever secretes or destroysany
3[document and electronic record] which he may be lawfully compelled to produce
as evidence in aCourt of Justice, or in any proceeding lawfully held before a
public servant, as such, or obliterates or rendersillegible the whole or any
part of such 3[document or electronic record] with the intention of preventing
thesame from being produced or used as evidence before such Court or public
servant as aforesaid, or after heshall have been lawfully summoned or required
to produce the same for that purpose, shall be punishedwith imprisonment of
either description for a term which may extend to two years, or with fine, or
withboth.205. False personation for purpose of act or proceeding in suit or
prosecution.—Whoever falselypersonates another, and in such assumed character
makes any admission or statement, or confessesjudgment, or causes any process
to be issued or becomes bail or security, or does any other act in any suitor
criminal prosecution, shall be punished with imprisonment of either description
for a term which mayextend to three years, or with fine, or with both.206.
Fraudulent removal or concealment of property to prevent its seizure as
forfeited or inexecution.—Whoever fraudulently removes, conceals, transfers or
delivers to any person any property orany interest therein, intending thereby
to prevent that property or interest therein from being taken as aforfeiture or
in satisfaction of a fine, under a sentence which has been pronounced, or which
he knows tobe likely to be pronounced, by a Court of Justice or other competent
authority, or from being taken inexecution of a decree or order which has been
made, or which he knows to be likely to be made by a Courtof Justice in a civil
suit, shall be punished with imprisonment of either description for a term
which mayextend to two years or with fine, or with both.207. Fraudulent claim
to property to prevent its seizure as forfeited or in
execution.—Whoeverfraudulently accepts, receives or claims any property or any
interest therein, knowing that he has no rightor rightful claim to such
property or interest, or practices any deception touching any right to any
propertyor any interest therein, intending thereby to prevent that property or
interest therein from being taken as aforfeiture or in satisfaction of a fine,
under a sentence which has been pronounced, or which he knows tobe likely to be
pronounced by a Court of Justice or other competent authority, or from being
taken inexecution of a decree or order which has been made, or which he knows
to be likely to be made by a Courtof Justice in a civil suit, shall be punished
with imprisonment of either description for a term which mayextend to two
years, or with fine, or with both.208. Fraudulently suffering decree for sum
not due.—Whoever fraudulently causes or suffers adecree or order to be passed
against him at the suit of any person for a sum not due or for a larger sum
thanis due to such person or for any property or interest in property to which
such person is not entitled, orfraudulently causes or suffers a decree or order
to be executed against him after it has been satisfied, or foranything in
respect of which it has been satisfied, shall be punished with imprisonment of
either descriptionfor a term which may extend to two years, or with fine, or
with both.IllustrationA institutes a suit against Z. Z, knowing that A is
likely to obtain a decree against him, fraudulentlysuffers a judgment to pass
against him for a larger amount at the suit of B, who has no just claim
againsthim, in order that B, either on his own account or for the benefit of Z,
may share in the proceeds of any saleof Z's property which may be made under
A's decree. Z has committed an offence under this section.1. Added by Act 3 of
1894, s. 6.2. The words “British India” have successively been subs. by the A.
O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,to read as
above.3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “document”
(w.e.f. 17-10-2000).55209. Dishonesty making false claim in Court.—Whoever
fraudulently or dishonestly, or with intentto injure or annoy any person, makes
in a Court of Justice any claim which he knows to be false, shall bepunished
with imprisonment of either description for a term which may extend to two
years, and shall alsobe liable to fine.210. Fraudulently obtaining decree for
sum not due.—Whoever fraudulently obtains a decree ororder against any person
for a sum not due, or for a larger sum than is due or for any property or
interest inproperty to which he is not entitled, or fraudulently causes a
decree or order to be executed against anyperson after it has been satisfied or
for anything in respect of which it has been satisfied, or fraudulentlysuffers
or permits any such act to be done in his name, shall be punished with
imprisonment of eitherdescription for a term which may extend to two years, or
with fine, or with both.211. False charge of offence made with intent to
injure.—Whoever, with intent to cause injury toany person, institutes or causes
to be instituted any criminal proceeding against that person, or falselycharges
any person with having committed an offence, knowing that there is no just or
lawful ground forsuch proceeding or charge against that person, shall be
punished with imprisonment of either descriptionfor a term which may extend to
two years, or with fine, or with both;and if such criminal proceeding be
instituted on a false charge of an offence punishable withdeath,1[imprisonment
for life], or imprisonment for seven years or upwards, shall be punishable
withimprisonment of either description for a term which may extend to seven
years, and shall also be liable tofine.STATE AMENDMENTSChhattisgarh.—In Section
211 of the Indian Penal Code, 1860 (here-in-after referred to as the Penal
Code), thefollowing proviso shall be inserted, namely: —Provided that, if such
criminal proceeding be instituted on a false charge, of an offence punishable
undersection 354, section 354A, section 354B, section 354C, section 354D,
section 354E, section 376B, section376C, section 376F, section 509, section
509A or section 509B shall be punishable with imprisonment ofeither description
which shall not be less than three years but which may extend to five years and
shall alsobe liable to fine.[Vide Chhattisgarh Act 25 of 2015, sec. 2].212.
Harbouring offender.—Whenever an offence has been committed, whoever harbours
or concealsa person whom he knows or has reason to believe to be the offender,
with the intention of screening himfrom legal punishment,if a capital
offence.—shall, if the offence is punishable with death, be punished with
imprisonment ofeither description for a term which may extend to five years,
and shall also be liable to fine;if punishable with imprisonment for life, or
with imprisonment.—and if the offence is punishablewith 1[imprisonment for
life], or with imprisonment which may extend to ten years, shall be punished
withimprisonment of either description for a term which may extend to three
years, and shall also be liable tofine;1. Subs. by Act 26 of 1955, s. 117 and
the Sch., for “transportation for life” (w.e.f. 1-1-1956).56and 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 mayextend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or withboth.1[“Offence” in
this section includes any act committed at any place out of 2[India], which, if
committedin 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 thepurposes of
this section, be deemed to be punishable as if the accused person had been
guilty of it in2[India].]Exception.—This provision shall not extend to any case
in which the harbour or concealment is by thehusband or wife of the
offender.IllustrationA, knowing that B has committed dacoity, knowingly
conceals B in order to screen him from legal punishment. Here, as B isliable to
3[imprisonment for life], A is liable to imprisonment of either description for
a term not exceeding three years, and is alsoliable to fine.213. Taking gift,
etc., to screen an offender from punishment.—Whoever accepts or attempts toobtain,
or agrees to accept, any gratification for himself or any other person, or any
restitution of propertyto himself or any other person, in consideration of his
concealing an offence or of his screening any personfrom legal punishment for
any offence, or of his not proceeding against any person for the purpose
ofbringing him to legal punishment,if a capital offence.—shall, if the offence
is punishable with death, be punished with imprisonment ofeither description
for a term which may extend to seven years, and shall also be liable to fine;if
punishable with imprisonment for life, or with imprisonment.—and if the offence
is punishablewith 3[imprisonment for life], or with imprisonment which may
extend to ten years, shall be punished withimprisonment of either description
for a term which may extend to three years, and shall also be liable tofine;and
if the offence is punishable with imprisonment not extending to ten years,
shall be punished withimprisonment of the description provided for the offence
for a term which may extend to one fourth part ofthe 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.—Whoevergives or causes, or offers or agrees to give or cause, any
gratification to any person, or 4[restores or causesthe restoration of] any
property to any person, in consideration of that person's concealing an
offence, or ofhis screening any person from legal punishment for any offence,
or of his not proceeding against any personfor the purpose of bringing him to
legal punishment,if a capital offence.—shall, if the offence is punishable with
death, be punished with imprisonment ofeither description for a term which may
extend to seven years, and shall also be liable to fine;if punishable with
imprisonment for life, or with imprisonment.—and if the offence is
punishablewith 3[imprisonment for life] or with imprisonment which may extend
to ten years, shall be punished withimprisonment of either description for a
term which may extend to three years, and shall also be liable tofine;and if
the offence is punishable with imprisonment not extending to ten years, shall
be punished withimprisonment of the description provided for the offence for a
term which may extend to one-fourth part ofthe longest term of imprisonment
provided for the offence, or with fine, or with both.1. Ins. by Act 3 of 1894,
s. 7.2. The words “British India” have successively been subs. by the A. O.
1948, the A. O. 1950 and Act 3 of 1951 s. 3 and the Sch.,to read as above.3.
Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life”
(w.e.f. 1-1-1956).4. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for “to
restore or cause the restoration of”.571[Exception.—The provisions of sections
213 and 214 do not extend to any case in which the offencemay lawfully be
compounded.]2* * * * *215. Taking gift to help to recover stolen property,
etc.—Whoever takes or agrees or consents totake any gratification under
pretence or on account of helping any person to recover any movable propertyof
which he shall have been deprived by any offence punishable under this Code,
shall, unless he uses allmeans in his power to cause the offender to be
apprehended and convicted of the offence, be punished withimprisonment of
either description for a term which may extend to two years, or with fine, or
with both.216. Harbouring offender who has escaped from custody or whose
apprehension has beenordered.—Whenever any person convicted of a charged with
an offence, being in lawful custody for thatoffence, escapes from such
custody,or whenever a public servant, in the exercise of the lawful powers of
such public servant, orders a certainperson 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
bepunished in the manner following, that is to say,if a capital offence.—if the
offence for which the person was in custody or is ordered to be apprehendedis
punishable with death, he shall be punished with imprisonment of either
description for a term whichmay extend to seven years, and shall also be liable
to fine;if punishable with imprisonment for life, or with imprisonment.—if the
offence is punishable with3[imprisonment for life] or imprisonment for ten
years, he shall be punished with imprisonment of eitherdescription for a term
which may extend to three years, with or without fine;and if the offence is
punishable with imprisonment which may extend to one year and not to ten
years,he shall be punished with imprisonment of the description provided for
the offence for a term which mayextend 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 beenguilty out of 5[India], which, if he had been
guilty of it in 4[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 ordetained in custody in 4[India], and every such act or omission
shall, for the purposes of this section, bedeemed to be punishable as if the
accused person had been guilty of it in 4[India].]Exception.—The provision does
not extend to the case in which the harbour or concealment is by thehusband or
wife of the person to be apprehended.7[216A. Penalty for harbouring robbers or
dacoits.—Whoever, knowing or having reason to believethat any persons are about
to commit or have recently committed robbery or dacoity, harbours them or anyof
them, with the intention of facilitating the commission of such robbery or
dacoity, or of screening themor any of them from punishment, shall be punished
with rigorous imprisonment for a term which mayextend 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 isintended to be committed, or has been
committed, within or without 4[India].Exception.—This provision does not extend
to the case in which the harbour is by the husband or wifeof the
offender.]`5[216B. Definition of “harbour” in sections 212, 216 and 216A.] Rep.
by the Indian Penal Code(Amendment) Act, 1942 (8 of 1942), s. 3.1. Subs. by Act
8 of 1882, s. 6, for the original exception.2. Illustrations rep. by Act 10 of
1882, s. 2 and the First Sch.3. Subs. by Act 26 of 1955, s. 117 and the Sch.,
for “transportation for life” (w.e.f. 1-1-1956).4. Ins. by Act 10 of 1886, s.
23.5. The words “British India” have successively been subs. by the A. O. 1948,
the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,to read as above.6. The
words “or under the Fugitive Offenders Act, 1881,” omitted by Act 3 of 1951, s.
3 and the Sch.7. Ins. by Act 3 of 1894, s. 8.58217. Public servant disobeying
direction of law with intent to save person from punishment orproperty from
forfeiture.—Whoever, being a public servant, knowingly disobeys any direction
of the lawas to the way in which he is to conduct himself as such public
servant, intending thereby to save, or knowingit to be likely that he will
thereby save, any person from legal punishment, or subject him to a
lesspunishment than that to which he is liable, or with intent to save, or
knowing that he is likely thereby tosave, any property from forfeiture or any
charge to which it is liable by law, shall be punished withimprisonment of
either description for a term which may extend to two years, or with fine, or
with both.218. Public servant framing incorrect record or writing with intent
to save person frompunishment or property from forfeiture.—Whoever, being a
public servant, and being as such publicservant, charged with the preparation
of any record or other writing, frames that record or writing in amanner which
he knows to be incorrect, with intent to cause, or knowing it to be likely that
he will therebycause, loss or injury to the public or to any person, or with
intent thereby to save, or knowing it to be likelythat he will thereby save,
any person from legal punishment, or with intent to save, or knowing that he
islikely thereby to save, any property from forfeiture or other charge to which
it is liable by law, shall bepunished with imprisonment of either description
for a term which may extend to three years, or with fine,or with both.219.
Public servant in judicial proceeding corruptly making report, etc., contrary
to law.—Whoever, being a public servant, corruptly or maliciously makes or
pronounces in any stage of a judicialproceeding, any report, order, verdict, or
decision which he knows to be contrary to law, shall be punishedwith
imprisonment of either description for a term which may extend to seven years,
or with fine, or withboth.220. Commitment for trial or confinement by person
having authority who knows that he is actingcontrary to law.—Whoever, being in
any office which gives him legal authority to commit persons fortrial or to
confinement, or to keep persons in confinement, corruptly or maliciously commits
any person fortrial or to confinement, or keeps any person in confinement, in
the exercise of that authority knowing thatin so doing he is acting contrary to
law, shall be punished with imprisonment of either description for aterm which
may extend to seven years, or with fine, or with both.221. Intentional omission
to apprehend on the part of public servant bound to apprehend.—Whoever, being a
public servant, legally bound as such public servant to apprehend or to keep
inconfinement any person charged with or liable to be apprehended for an
offence, intentionally omits toapprehend such person, or intentionally suffers
such person to escape, or intentionally aids such person inescaping 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 withoutfine, if the person in confinement, or who ought
to have been apprehended, was charged with, or liable tobe apprehended for, an offence
punishable with death; orwith imprisonment of either description for a term
which may extend to three years, with or withoutfine, if the person in
confinement, or who ought to have been apprehended, was charged with, or liable
tobe apprehended for, an offence punishable with 1[imprisonment for life] or
imprisonment for a term whichmay extend to ten years; orwith 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 beapprehended 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 personunder sentence
or lawfully committed.—Whoever, being a public servant, legally bound as such
publicservant to apprehend or to keep in confinement any person under sentence
of a Court of Justice for anyoffence 2[or lawfully committed to custody],
intentionally omits to apprehend such person, or intentionallysuffers such
person to escape or intentionally aids such person in escaping or attempting to
escape fromsuch confinement, shall be punished as follows, that is to say:—1.
Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life”
(w.e.f. 1-1-1956).2. Ins. by Act 27 of 1870, s. 8.59with 1[imprisonment for
life] or with imprisonment of either description for a term which may extendto
fourteen years, with or without fine, if the person in confinement, or who
ought to have beenapprehended, is under sentence of death; orwith imprisonment
of either description for a term which may extend to seven years, with or
withoutfine, if the person in confinement or who ought to have been
apprehended, is subject, by a sentence of aCourt of Justice, or by virtue of a
commutation of such sentence, to 1[imprisonment for life] 2*** 3*** 4***5*** or
imprisonment for a term of ten years, or upwards; orwith imprisonment of either
description for a term which may extend to three years, or with fine, orwith
both, if the person in confinement or who ought to have been apprehended is
subject by a sentenceof a Court of Justice, to imprisonment for a term not
extending to ten years 6[or if the person was lawfullycommitted to custody].223.
Escape from confinement or custody negligently suffered by public
servant.—Whoever, beinga public servant legally bound as such public servant to
keep in confinement any person charged with orconvicted of any offence 6[or
lawfully committed to custody], negligently suffers such person to escapefrom
confinement, shall be punished with simple imprisonment for a term which may
extend to two years,or with fine, or with both.224. Resistance or obstruction
by a person to his lawful apprehension.—Whoever intentionallyoffers any
resistance or illegal obstruction to the lawful apprehension of himself for any
offence with whichhe is charged or of which he has been convicted, or escapes
or attempts to escape from any custody in whichhe is lawfully detained for any
such offence, shall be punished with imprisonment of either description fora
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 tobe apprehended or detained in custody was liable for the offence with
which he was charged, or of whichhe was convicted.225. Resistance or
obstruction to lawful apprehension of another person.—Whoever
intentionallyoffers any resistance or illegal obstruction to the lawful apprehension
of any other person for an offence, orrescues or attempts to rescue any other
person from any custody in which that person is lawfully detainedfor an
offence, shall be punished with imprisonment of either description for a term
which may extend totwo 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
withor liable to be apprehended for an offence punishable with 1[imprisonment
for life] or imprisonment for aterm which may extend to ten years, shall be
punished with imprisonment of either description for a termwhich 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
tobe apprehended for an offence punishable with death, shall be punished with
imprisonment of eitherdescription 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 sentenceof a Court of
Justice, or by virtue of a commutation of such a sentence, to 1[imprisonment
for life], 3***4*** 5*** or imprisonment, for a term of ten years, or upwards,
shall be punished with imprisonment ofeither 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 notexceeding ten years, and shall also be liable to
fine.1. Subs. by Act 26 of 1955, s. 117, and Sch., for transportation for life”
(w.e.f. 1-1-1956).2. The words “or penal servitude for life” omitted by Act 17
of 1949, s. 2 (w.e.f. 6-4-1949).3. The words “or to” omitted by Act 36 of 1957,
s. 3 and the Second Sch.4. The word “transportation” omitted by Act 26 of 1955,
s. 117 and the Sch. (w.e.f. 1-1-1956).5. The words “or penal servitude” omitted
by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).6. Ins. by Act 27 of 1870, s.
8.601[225A. Omission to apprehend, or sufferance of escape, on part of public
servant, in cases nototherwise, provided for.—Whoever, being a public servant
legally bound as such public servant toapprehend, or to keep in confinement,
any person in any case not provided for in section 221, section 222or section
223, or in any other law for the time being in force, omits to apprehend that
person or suffers himto escape from confinement, shall be punished—(a) if he
does so intentionally, with imprisonment of either description for a term which
may extendto three years, or with fine or with both; and(b) if he does so
negligently, with simple imprisonment for a term which may extend to two
years,or with fine, or with both.225B. Resistance or obstruction to lawful
apprehension, or escape or rescue in cases not otherwiseprovided for.—Whoever,
in any case not provided for in section 224 or section 225 or in any other law
forthe time being in force, intentionally offers any resistance or illegal
obstruction to the lawful apprehensionof himself or of any other person, or
escapes or attempts to escape from any custody in which he is lawfullydetained,
or rescues or attempts to rescue any other 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 sixmonths, or with fine, or with
both.]226. [Unlawful return from transportation.] Rep. by the Code of Criminal
Procedure (Amendment) Act,1955 (26 of 1955), s. 117 and the Sch (w.e.f.
1-1-1956).227. Violation of condition of remission of punishment.—Whoever,
having accepted any conditionalremission of punishment, knowingly violates any
condition on which such remission was granted, shall bepunished with the
punishment to which he was originally sentenced, if he has already suffered no
part ofthat punishment, and if he has suffered any part of that punishment,
then with so much of that punishmentas he has not already suffered.228. Intentional
insult or interruption to public servant sitting in judicial
proceeding.—Whoeverintentionally offers any insult, or causes any interruption
to any public servant, while such public servantis sitting in any stage of a
judicial proceeding, shall be punished with simple imprisonment for a term
whichmay extend to six months, or with fine which may extend to one thousand
rupees, or with both.2[228A. Disclosure of identity of the victim of certain
offences, etc.—(1) Whoever prints or publishesthe name or any matter which may
make known the identity of any person against whom an 3[offence undersection
376, 4[section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA,section 376DB] or section 376E] is alleged or found to have been committed
(hereafter in this sectionreferred to as the victim) shall be punished with
imprisonment of either description for a term which mayextend 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 whichmay make known the
identity of the victim if such printing or publication is—(a) by or under the
order in writing of the officer-in-charge of the police station or the police
officermaking the investigation into such offence acting in good faith for the
purposes of such investigation;or(b) by, or with the authorisation in writing
of, the victim; or(c) where the victim is dead or minor or of unsound mind, by,
or with the authorisation in writingof, the next of kin of the victim:Provided
that no such authorisation shall be given by the next of kin to anybody other
than the chairmanor the secretary, by whatever name called, of any recognised
welfare institution or organisation.1. Subs. by Act 10 of 1886, s. 24(1), for
section 225A which had been ins. by Act 27 of 1870, s. 9.2. Ins. by Act 43 of
1983, s. 2.3. Subs. by Act 13 of 2013, s. 4, for “offence under section 376,
section 376A, section 376B, section 376C or section 376D” (w.e.f.3-2-2013).4.
Subs. by Act 22 of 2018, s. 3, for “section 376A, section 376B, section 376C,
section 376D” (w.e.f. 21-4-2018).61Explanation.—For the purposes of this
sub-section, “recognised welfare institution or organisation”means a social
welfare institution or organization recognised in this behalf by the Central or
StateGovernment.(3) Whoever prints or publishes any matter in relation to any
proceeding before a court with respect toan offence referred to in sub-section
(1) without the previous permission of such court shall be punishedwith imprisonment
of either description for a term which may extend to two years and shall also
be liableto fine.Explanation.—The printing or publication of the judgment of
any High Court or the Supreme Courtdoes not amount to an offence within the
meaning of this section.]STATE AMENDMENTArunachal PradeshAmendment of section
228A.—In section 228A of the Penal Code, in sub-section (1), for the
words,figure and letters “offence under section 376, section 376A, section
376B, section 376C or section 376D orsection 376E” the words, figure and
letters “offence under section 376, section 376A, section 376AA,section 376B,
section 376C, section 376D, section 376DA or section 376E” shall be
substituted.[Vide Arunachal Pradesh Act 3 of 2019, s. 4]229. Personation of a
juror or assessor.—Whoever, by personation or otherwise, shall
intentionallycause, 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 knowinghimself to
have been so returned, empanelled or sworn contrary to law, shall voluntarily
serve on such juryor as such assessor, shall be punished with imprisonment of
either description for a term which may extendto two years, or with fine, or
with both.1[229A. Failure by person released on bail or bond to appear in
court.—Whoever, having beencharged with an offence and released on bail or on
bond without sureties, fails without sufficient cause (theburden of proving
which shall lie upon him), to appear in court in accordance with the terms of
the bail orbond, shall be punished with imprisonment of either description for
a term which may extend to one year,or with fine, or with both.Explanation.—The
punishment under this section is—(a) in addition to the punishment to which the
offender would be liable on a conviction for theoffence with which he has been
charged; and(b) without prejudice to the power of the court to order forfeiture
of the bond.]CHAPTER XIIOF OFFENCES RELATINGTO COINAND GOVERNMENT STAMPS230.
“Coin” defined.—2[Coin is metal used for the time being as money, and stamped
and issued bythe authority of some State or Sovereign Power in order to be so
used.]3[Indian coin.—Indian coin is metal stamped and issued by the authority
of the Government of Indiain order to be used as money; and metal which has
been so stamped and issued shall continue to be Indiancoin for the purposes of
this Chapter, notwithstanding that it may have ceased to be used as
money.]Illustrations(a) Cowries are not coin.(b) Lumps of unstamped copper,
though used as money, are not coin.(c) Medals are not coin, inasmuch as they
are not intended to be used as money.(d) The coin denominated as the Company’s
rupee is 4[Indian coin].5[(e)The “Farukhabad rupee”, which was formerly used as
money under the authority of the Government of India, is 6[Indiancoin] although
it is no longer so used.]1. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).2.
Subs. by Act 19 of 1872, s. 1, for the first paragraph.3. Subs. by the A. O. 1950,
for the second paragraph.4. Subs. ibid., for “the Queen’s coin”.5. Added by Act
6 of 1896, s. 1(2).6. Subs. by the A. O. 1950, for “Queen’s coin”62231.
Counterfeiting coin.—Whoever counterfeits or knowingly performs any part of the
process ofcounterfeiting coin, shall be punished with imprisonment of either
description for a term which may extendto seven years, and shall also be liable
to fine.Explanation.—A person commits this offence who intending to practise
deception, or knowing it to belikely that deception will thereby be practised,
causes a genuine coin to appear like a different coin.232. Counterfeiting
Indian coin.—Whoever counterfeits, or knowingly performs any part of theprocess
of counterfeiting 1[Indian coin], shall be punished with 2[imprisonment for
life], or withimprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.233. Making or selling instrument
for counterfeiting coin.—Whoever makes or mends, or performsany part of the
process of making or mending, or buys, sells or disposes of, any die or
instrument, for thepurpose of being used, or knowing or having reason to
believe that it is intended to be used, for the purposeof counterfeiting coin,
shall be punished with imprisonment of either description for a term which
mayextended to three years, and shall also be liable to fine.234. Making or
selling instrument for counterfeiting Indian coin.—Whoever makes or mends,
orperforms 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 thepurpose of
counterfeiting 1[Indian coin], shall be punished with imprisonment of either
description for aterm 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 counterfeitingcoin.—Whoever is in possession of any instrument or
material, for the purpose of using the same forcounterfeiting coin, or knowing
or having reason to believe that the same is intended to be used for
thatpurpose, shall be punished with imprisonment of either description for a
term which may extend to threeyears, and shall also be liable to fine;if Indian
coin.—and if the coin to be counterfeited is 1[Indian coin], shall be punished
withimprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.236. Abetting in India the
counterfeiting out of India of coin.—Whoever, being within 3[India] abetsthe
counterfeiting of coin out of 3[India] shall be punished in the same manner as
if he abetted thecounterfeiting of such coin within 3[India].237. Import or
export of counterfeit coin.—Whoever imports into 3[India], or exports
therefrom, anycounterfeit coin, knowing or having reason to believe that the
same is counterfeit, shall be punished withimprisonment of either description
for a term which may extend to three years, and shall also be liable
tofine.238. Import or export of counterfeits of the Indian coin.—Whoever
imports into 3[India], or exportstherefrom, any counterfeit coin, which he
knows or has reason to believe to be a counterfeit of 1[Indiancoin], shall be
punished with 2[Imprisonment for life], or with imprisonment of either
description for a termwhich may extend to ten years, and shall also be liable
to fine.239. Delivery of coin, possessed with knowledge that it is
counterfeit.—Whoever, having anycounterfeit coin, which at the time when he
became possessed of it, he knew to be counterfeit, fraudulentlyor with intent
that fraud may be committed, delivers the same to any persons or attempts to
induce anyperson to receive it, shall be punished with imprisonment of either
description for a term which may extendto five years, and shall also be liable
to fine.240. Delivery of Indian coin, possessed with knowledge that it is
counterfeit.—Whoever, havingany counterfeit coin which is a counterfeit of
4[Indian coin], and which, at the time when he becamepossessed of it, he knew
to be a counterfeit of 4[Indian coin], fraudulently or with intent that fraud
may becommitted, delivers the same to any person, or attempts to induce any
person to receive it, shall be punishedwith imprisonment of either description
for a term which may extend to ten years, and shall also be liableto fine.241.
Delivery of coin as genuine, which, when first possessed, the deliverer did not
know to becounterfeit.—Whoever delivers to any other person as genuine, or
attempts to induce any other person to1. Subs. by the A. O. 1950, for “the
Queen’s coin”2. Subs. by Act 26 of 1955, s. 117 and the Sch., for
“transportation for life” (w.e.f. 1-1-1956).3. The words “British India” have
successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s.
3 and the Sch.,to read as above.4. Subs. by the A.O. 1950, for “Queen’s
coin”.63receive as genuine, any counterfeit coin which he knows to be
counterfeit, but which he did not know to becounterfeit at the time when he
took it into his possession, shall be punished with imprisonment of
eitherdescription for a term which may extend to two years, or with fine to an
amount which may extend to tentimes the value of the coin counterfeited, or
with both.IllustrationA, a coiner, delivers counterfeit Company's rupees to his
accomplice B, for the purpose of utteringthem. B sells the rupees to C, another
utterer, who buys them knowing them to be counterfeit. C pays awaythe rupees
for goods to D, who receives them, not knowing them to be counterfeit. D, after
receiving therupees, discovers that they are counterfeit and pays them away as
if they were good. Here D is punishableonly 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
becamepossessed thereof.—Whoever, fraudulently or with intent that fraud may be
committed, is in possession ofcounterfeit coin, having known at the time when
he became possessed thereof that such coin wascounterfeit, shall be punished
with imprisonment of either description for a term which may extend to
threeyears, and shall also be liable to fine.243. Possession of Indian coin by
person who knew it to be counterfeit when he became possessedthereof.—Whoever,
fraudulently or with intent that fraud may be committed, is in possession of
counterfeitcoin, which is a counterfeit of 1[Indian coin], having known at the
time when he became possessed of it thatit was counterfeit, shall be punished
with imprisonment of either description for a term which may extendto seven
years, and shall also be liable to fine.244. Person employed in mint causing
coin to be of different weight or composition from thatfixed by law.—Whoever,
being employed in any mint lawfully established in 2[India], does any act,
oromits what he is legally bound to do, with the intention of causing any coin
issued from that mint to be ofa different weight or composition from the weight
or composition fixed by law, shall be punished withimprisonment of either
description for a term which may extend to seven years, and shall also be
liable tofine.245. Unlawfully taking coining instrument from mint.—Whoever,
without lawful authority, takesout of any mint, lawfully established in
2[India], any coining tool or instrument, shall be punished withimprisonment of
either description for a term which may extend to seven years, and shall also
be liable tofine.246. Fraudulently or dishonestly diminishing weight or
altering composition of coin.—Whoever,fraudulently or dishonestly performs on
any coin any operation which diminishes the weight or alters thecomposition of
that coin, shall be punished with imprisonment of either description for a term
which mayextend to three years, and shall also be liable to fine.Explanation.—A
person who scoops out part of the coin and puts anything else into the cavity
altersthe composition of the coin.247. Fraudulently or dishonestly diminishing
weight or altering composition of Indian coin.—Whoever fraudulently or
dishonestly performs on 3[any Indian coin] any operation which diminishes
theweight or alters the composition of that coin, shall be punished with
imprisonment of either description fora term which may extend to seven years,
and shall also be liable to fine.248. Altering appearance of coin with intent
that it shall pass as coin of different description.—Whoever performs on any
coin any operation which alters the appearance of that coin, with the
intentionthat the said coin shall pass as a coin of a different description,
shall be punished with imprisonment ofeither description for a term which may
extend to three years, and shall also be liable to fine.249. Altering
appearance of Indian coin with intent that it shall pass as coin of
differentdescription.—Whoever performs on 4[any Indian coin] any operation
which alters the appearance of thatcoin, with the intention that the said coin
shall pass as a coin of a different description, shall be punished1. Subs. by
the A. O. 1950, for “the Queen’s coin”.2. The words “British India” have
successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s.
3 and the Sch.,to read as above.3. Subs. by the A. O. 1950, for “any of the
Queen’s coin”.4. Subs. by the A. O. 1950, for “any of the Queen’s coin”.64with
imprisonment of either description for a term which may extend to seven years,
and shall also be liableto fine.250. Delivery of coin, possessed with knowledge
that it is altered.—Whoever, having coin in hispossession with respect to which
the offence defined in section 246 or 248 has been committed, and havingknown
at the time when he became possessed of such coin that such offence had been
committed withrespect to it, fraudulently or with intent that fraud may be
committed, delivers such coin to any other person,or attempts to induce any
other person to receive the same, shall be punished with imprisonment of
eitherdescription for a term which may extend to five years, and shall also be
liable to fine.251. Delivery of Indian coin, possessed with knowledge that it
is altered.—Whoever, having coinin his possession with respect to which the
offence defined in section 247 or 249 has been committed, andhaving known at
the time when he became possessed of such coin that such offence had been
committedwith respect to it, fraudulently or with intent that fraud may be
committed, delivers such coin to any otherperson, or attempts to induce any
other person to receive the same, shall be punished with imprisonment ofeither
description for a term which may extend to ten years, and shall also be liable
to fine.252. Possession of coin by person who knew it to be altered when he
became possessed thereof.—Whoever fraudulently or with intent that fraud may be
committed, is in possession of coin with respect towhich the offence defined in
either of the section 246 or 248 has been committed, having known at the timeof
becoming possessed thereof that such offence had been committed with respect to
such coin, shall bepunished with imprisonment of either description for a term
which may extend to three years, and shall alsobe liable to fine.253.
Possession of Indian coin by person who knew it to be altered when he became
possessedthereof.—Whoever, fraudulently or with intent that fraud may be
committed, is in possession of coin withrespect to which the offence defined in
either of the section 247 or 249 has been committed having knownat the time of
becoming possessed thereof, that such offence had been committed with respect
to such coin,shall be punished with imprisonment of either description for a term
which may extend to five years, andshall also be liable to fine.254. Delivery
of coin as genuine which, when first possessed, the deliverer did not know to
bealtered.—Whoever delivers to any other person as genuine or as a coin of a
different description from whatit is, or attempts to induce any person to
receive as genuine, or as a different coin from what it is, any coinin respect
of which he knows that any such operation as that mentioned in sections 246,
247, 248 or 249has 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 descriptionfor a term
which may extend to two years, or with fine to an amount which may extend to
ten times thevalue of the coin for which the altered coin is passed, or
attempted to be passed.255. Counterfeiting Government stamp.—Whoever
counterfeits, or knowingly performs any part ofthe process of counterfeiting,
any stamp issued by Government for the purpose of revenue shall be punishedwith
1[imprisonment for life] or with imprisonment of either description for a term
which may extend toten years, and shall also be liable to fine.Explanation.—A
person commits this offence who counterfeits by causing a genuine stamps of
onedenomination to appear like a genuine stamp of a different denomination.256.
Having possession of instrument or material for counterfeiting Government
stamp.—Whoever has in his possession any instrument or material for the purpose
of being used, or knowing orhaving reason to believe that it is intended to be
used, for the purpose of counterfeiting any stamp issuedby Government for the
purpose of revenue, shall be punished with imprisonment of either description
for aterm which may extend to seven years, and shall also be liable to
fine.257. Making or selling instrument for counterfeiting Government
stamp.—Whoever makes orperforms any part of the process of making, or buys, or
sells, or disposes or, any instrument for the purposeof being used, or knowing
or having reason to believe that it is intended to be used, for the purpose
ofcounterfeiting any stamp issued by Government for the purpose of revenue,
shall be punished with1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation
for life” (w.e.f. 1-1-1956).65imprisonment of either description for a term
which may extend to seven years, and shall also be liable tofine.258. Sale of
counterfeit Government stamp.—Whoever sells, or offers for sale, any stamp
which heknows or has reason to believe to be a counterfeit of any stamp issued
by Government for the purpose ofrevenue, shall be punished with imprisonment of
either description for a term which may extend to sevenyears, and shall also be
liable to fine.259. Having possession of counterfeit Government stamp.—Whoever
has in his possession anystamp which he knows to be a counterfeit of any stamp
issued by Government for the purpose of revenue,intending to use, or dispose of
the same as a genuine stamp, or in order that it may be used as a genuinestamp,
shall be punished with imprisonment of either description for a term which may
extend to sevenyears, and shall also be liable to fine.260. Using as genuine a
Government stamp known to be counterfeit.—Whoever uses as genuineany stamp,
knowing it to be a counterfeit of any stamp issued by Government for the
purpose of revenue,shall be punished with imprisonment of either description
for a term which may extend to seven years, orwith fine, or with both.261.
Effacing writing from substance bearing Government stamp, or removing from
document astamp used for it, with intent to cause loss to Government.—Whoever,
fraudulently or with intent tocause loss to the Government, removes or effaces
from any substance, bearing any stamp issued byGovernment for the purpose of
revenue, any writing or document for which such stamp has been used, orremoves
from any writing or document a stamp which has been used for such writing or
document, in orderthat such stamp may be used for a different writing or
document, shall be punished with imprisonment ofeither description for a term
which may extend to three years, or with fine, or with both.262. Using
Government stamp known to have been before used.—Whoever, fraudulently or
withintent to cause loss to the Government, uses for any purpose a stamp issued
by Government for the purposeof revenue, which he knows to have been before
used, shall be punished with imprisonment of eitherdescription for a term which
may extend to two years, or with fine, or with both.263. Erasure of mark
denoting that stamp has been used.—Whoever, fraudulently or with intent tocause
loss to Government, erases or removes from a stamp issued by Government for the
purpose ofrevenue, any mark, put or impressed upon such stamp for the purpose
of denoting that the same has beenused, or knowingly has in his possession or
sells or disposes of any such stamp from which such mark hasbeen erased or
removed, or sells or disposes of any such stamp which he knows to have been
used, shall bepunished with imprisonment of either description for a term which
may extend to three years, or with fine,or with both.1[263A. Prohibition of
fictitious stamps.—(1) Whoever—(a) makes, knowingly utters, deals in or sells
any fictitious stamp, or knowingly uses for any postalpurpose any fictitious
stamp, or(b) has in his possession, without lawful excuse, any fictitious
stamp, or(c) makes or, without lawful excuse, has in his possession any die,
plate, instrument or materialsfor making any fictitious stamp,shall be punished
with fine which may extend to two hundred rupees.(2) Any such stamp, die,
plate, instrument or materials in the possession of any person for making
anyfictitious stamp 2[may be seized and, if seized] shall be forfeited.(3) In
this section “fictitious stamp” means any stamp falsely purporting to be issued
by Governmentfor the purpose of denoting a rate of postage, or any facsimile or
imitation or representation, whether onpaper or otherwise, of any stamp issued
by Government for that purpose.(4) In this section and also in sections 255 to
263, both inclusive, the word “Government”, when usedin connection with, or in
reference to any stamp issued for the purpose of denoting a rate of postage,
shall,1. Added by Act 3 of 1895, s. 2.2. Subs. by Act 42 of 1953, s. 4 and the
Third Sch., for “may be seized and”.66notwithstanding anything in section 17,
be deemed to include the person or persons authorized by law toadminister
executive government in any part of India, and also in any part of Her
Majesty's dominions orin any foreign country.CHAPTER XIIIOF OFFENCESRELATINGTO
WEIGHTSAND MEASURES264. Fraudulent use of false instrument for
weighing.—Whoever, fraudulently uses any instrumentfor weighing which he knows
to be false, shall be punished with imprisonment of either description for
aterm which may extend to one year, or with fine, or with both.265. Fraudulent
use of false weight or measure.—Whoever, fraudulently uses any false weight
orfalse measure of length or capacity, or fraudulently uses any weight or any
measure of length or capacityas a different weight or measure from what it is,
shall be punished with imprisonment of either descriptionfor a term which may
extend to one year, or with fine, or with both.266. Being in possession of
false weight or measure.—Whoever is in possession of any instrumentfor
weighing, or of any weight, or of any measure of length or capacity, which he
knows to be false, 1***intending that the same may be fraudulently used, shall
be punished with imprisonment of either descriptionfor a term which may extend
to one year, or with fine, or with both.267. Making or selling false weight or
measure.—Whoever makes, sells or disposes of anyinstrument 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 bepunished with imprisonment of either description for a
term which may extend to one year, or with fine, orwith both.CHAPTER XIVOF
OFFENCESAFFECTINGTHE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCYAND MORALS268.
Public nuisance.—A person is guilty of a public nuisance who does any act or is
guilty of anillegal omission which causes any common injury, danger or
annoyance to the public or to the people ingeneral who dwell or occupy property
in the vicinity, or which must necessarily cause injury, obstruction,danger or
annoyance to persons who may have occasion to use any public right.A common
nuisance is not excused on the ground that it causes some convenience or
advantage.269. Negligent act likely to spread infection of disease dangerous to
life.—Whoever unlawfully ornegligently does any act which is, and which he
knows or has reason to believe to be, likely to spread theinfection of any
disease dangerous to life, shall be punished with imprisonment of either
description for aterm which may extend to six months, or with fine, or with
both.270. Malignant act likely to spread infection of disease dangerous to
life.—Whoever malignantlydoes any act which is, and which he knows or has
reason the believe to be, likely to spread the infection ofany disease
dangerous to life, shall be punished with imprisonment of either description
for a term whichmay extend to two years, or with fine, or with both.271. Disobedience
to quarantine rule.—Whoever knowingly disobeys any rule made andpromulgated
2[by the 3*** Government 4***] for putting any vessel into a state of
quarantine, or forregulating the intercourse of vessels in a state of
quarantine with the shore or with other vessels, forregulating the intercourse
between places where an infectious disease prevails and other places, shall
be1. The word “and” omitted by Act 42 of 1953, s. 4 and the Third Sch.2. Subs.
by the A. O. 1937, for “by the G. of I., or by any Government”.3. The words
“Central or any Provincial” omitted by the A. O. 1950.4. The words “or the
Crown Representative” omitted by the A. O. 1948.67punished with imprisonment of
either description for a term which may extend to six months, or with fine,or with
both.272. Adulteration of food or drink intended for sale.—Whoever adulterates
any article of food ordrink, so as to make such article noxious as food or
drink, intending to sell such article as food or drink, orknowing it to be
likely that the same will be sold as food or drink, shall be punished with
imprisonment ofeither description for a term which may extend to six months, or
with fine which may extend to one thousandrupees, or with both.273. Sale of
noxious food or drink.—Whoever sells, or offers or exposes for sale, as food or
drink,any article which has been rendered or has become noxious, or is in a
state unfit for food or drink, knowingor having reason to believe that the same
is noxious as food or drink, shall be punished with imprisonmentof either
description for a term which may extend to six months, or with fine which may
extend to onethousand rupees, or with both.274. Adulteration of drugs.—Whoever
adulterates any drug or medical preparation in such a manneras to lessen the
efficacy or change the operation of such drug or medical preparation, or to
make it noxious,intending that it shall be sold or used for, or knowing it to
be likely that it will be sold or used for, anymedicinal purpose, as if it had
not undergone such adulteration, shall be punished with imprisonment ofeither
description for a term which may extend to six months, or with fine which may
extend to one thousandrupees, or with both.275. Sale of adulterated
drugs.—Whoever, knowing any drug or medical preparation to have beenadulterated
in such a manner as to lessen its efficacy, to change its operation, or to
render it noxious, sellsthe same, or offers or exposes it for sale, or issues
it from any dispensary for medicinal purposes asunadulterated, or causes it to
be used for medicinal purposes by any person not knowing of the
adulteration,shall be punished with imprisonment of either description for a
term which may extend to six months, orwith fine which may extend to one
thousand rupees, or with both.276. Sale of drug as a different drug or
preparation.—Whoever knowingly sells, or offers or exposesfor sale, or issues
from a dispensary for medicinal purposes, any drug or medical preparation, as a
differentdrug or medical preparation, shall be punished with imprisonment of
either description for a term whichmay extend to six months, or with fine which
may extend to one thousand rupees, or with both.277. Fouling water of public
spring or reservoir.—Whoever voluntarily corrupts or fouls the waterof any
public spring or reservoir, so as to render it less fit for the purpose for
which it is ordinarily used,shall be punished with imprisonment of either
description for a term which may extend to three months, orwith fine which may
extend to five hundred rupees, or with both.278. Making atmosphere noxious to
health.—Whoever voluntarily vitiates the atmosphere in anyplace so as to make
it noxious to the health of persons in general dwelling or carrying on business
in theneighbourhood or passing along a public way, shall be punished with fine
which may extend to five hundredrupees.279. Rash driving or riding on a public
way.—Whoever drives any vehicle, or rides, on any publicway in a manner so rash
or negligent as to endanger human life, or to be likely to cause hurt or injury
toany other person, shall be punished with imprisonment of either description
for a term which may extendto six months, or with fine which may extend to one
thousand rupees, or with both.280. Rash navigation of vessel.—Whoever navigates
any vessel in a manner so rash or negligent as toendanger human life, or to be
likely to cause hurt or injury to any other person, shall be punished
withimprisonment of either description for a term which may extend to six
months, or with fine which mayextend to one thousand rupees, or with both.281.
Exhibition of false light, mark or buoy.—Whoever exhibits any false light, mark
or buoy,intending or knowing it to be likely that such exhibition will mislead
any navigator, shall be punished withimprisonment of either description for a
term which may extend to seven years, or with fine, or with both.68282.
Conveying person by water for hire in unsafe or overloaded vessel.—Whoever
knowingly ornegligently conveys, or causes to be conveyed for hire, any person
by water in any vessel, when that vesselis in such a state or so loaded as to
endanger the life of that person, shall be punished with imprisonment ofeither
description for a term which may extend to six months, or with fine which may
extend to one thousandrupees, or with both.283. Danger or obstruction in public
way or line of navigation.—Whoever, by doing any act, or byomitting to take
order with any property in his possession or under his charge, causes danger,
obstructionor injury to any person in any public way or public line of
navigation, shall be punished, with fine whichmay extend to two hundred
rupees.284. Negligent conduct with respect to poisonous substance.—Whoever
does, with any poisonoussubstance, any act in a manner so rash or negligent as
to endanger human life, or to be likely to cause hurtor injury to any person,or
knowingly or negligently omits to take such order with any poisonous substance
in his possession asis sufficient to guard against any probable danger to human
life from such poisonous substance,shall be punished with imprisonment of
either description for a term which may extend to six months,or with fine which
may extend to one thousand rupees, or with both.285. Negligent conduct with
respect to fire or combustible matter.—Whoever does, with fire or
anycombustible matter, any act so rashly or negligently as to endanger human
life, or to be likely to cause hurtor injury to any other person, or knowingly
or negligently omits to take such order with any fire or anycombustible matter
in his possession as is sufficient to guard against any probable danger to
human lifefrom such fire or combustible matter,shall be punished with
imprisonment of either description for a term which may extend to six months,or
with fine which may extend to one thousand rupees, or with both.286. Negligent
conduct with respect to explosive substance.—Whoever does, with any
explosivesubstance, any act so rashly or negligently as to endanger human life,
or to be likely to cause hurt or injuryto any other person,or knowingly or
negligently omits to take such order with any explosive substance in his
possession asis sufficient to guard against any probable danger to human life
from that substance,shall be punished with imprisonment of either description
for a term which may extend to six months,or with fine which may extend to one
thousand rupees, or with both.287. Negligent conduct with respect to
machinery.—Whoever does, with any machinery, any act 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 machinery in his
possession or under hiscare 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, orwith fine which
may extend to one thousand rupees, or with both.288. Negligent conduct with
respect to pulling down or repairing buildings.—Whoever, in pullingdown or
repairing any building, knowingly or negligently omits to take such order with
that building as issufficient to guard against any probable danger to human
life from the fall of that building, or of any partthereof, shall be punished
with imprisonment of either description for a term which may extend to
sixmonths, or with fine which may extend to one thousand rupees, or with
both.289. Negligent conduct with respect to animal.—Whoever knowingly or
negligently omits to takesuch order with any animal in his possession as is
sufficient to guard against any probable danger to humanlife, or any probable
danger of grievous hurt from such animal, shall be punished with imprisonment
of69either description for a term which may extend to six months, or with fine
which may extend to one thousandrupees, or with both.STATE AMENDMENTSHimachal
Pradesh.—After section 289 of the Indian Penal Code, in its application to the
State of Himachal Pradesh, thefollowing section shall be added, namely:
—“289-A. Feeding of Monkeys in public place.—Whoever throws eatables in public
place, other thanthose notified by the State Government in the Official
Gazette, and thereby entice monkeys to assemble atsuch place fro taking
eatables which result in causing danger to human life or to be likely to cause
injuryor annoyance to the public or to the people in general or to cause
hindrance in smooth running of vehiculartraffic, shall be punished with
imprisonment of either description for a term which may extend to one monthor
with fine which may extend to one thousand rupees or with both”.[Vide Himachal
Pradesh Act 15 of 2006, sec. 2].290. Punishment for public nuisance in cases
not otherwise provided for.—Whoever commits apublic nuisance in any case not
otherwise punishable by this Code, shall be punished with fine which mayextend
to two hundred rupees.291. Continuance of nuisance after injunction to
discontinue.—Whoever repeats or continues apublic nuisance, having been
enjoined by any public servant who has lawful authority to issue suchinjunction
not to repeat or continue such nuisance, shall be punished with simple
imprisonment for a termwhich may extend to six months, or with fine, or with
both.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 obsceneif it is lascivious or
appeals to the prurient interest or if its effect, or (where it comprises two
or more distinctitems) the effect of any one of its items, is, if taken as a
whole, such as to tend to deprave and corruptpersons who are likely, having
regard to all relevant circumstances, to read, see or hear the matter
containedor embodied in it.]3[(2)] Whoever—(a) sells, lets to hire,
distributes, publicity exhibits or in any manner puts into circulation, or
forpurposes of sale, hire, distribution, public exhibition or circulation,
makes, produces or has in hispossession any obscene book, pamphlet, paper,
drawing, painting, representation or figure or any otherobscene object
whatsoever, or(b) imports, exports or conveys any obscene object for any of the
purposes aforesaid, or knowingor having reason to believe that such object will
be sold, let to hire, distributed or publicly exhibited orin any manner put
into circulation, or(c) takes part in or receives profits from any business in
the course of which he knows or has reasonto believe that any such obscene
objects are, for any of the purposes aforesaid, made, produced,purchased, kept,
imported, exported, conveyed, publicly exhibited or in any manner put into
circulation,or(d) advertises or makes known by any means whatsoever that any
person is engaged or is ready toengage in any act which is an offence under
this section, or that any such obscene object can be procuredfrom or through
any person, or1. Subs. by Act 8 of 1925, s. 2, for s. 292.2. Ins. by Act 36 of
1969, s. 2.3. S. 292 renumbered as sub-section (2) thereof by Act 36 of 1969,
s. 2.70(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 extendto two years, and with fine which may
extend to two thousand rupees, and, in the event of a second orsubsequent
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—(a) any book, pamphlet,
paper, writing, drawing, painting, representation or figure—(i) the publication
of which is proved to be justified as being for the public good on the
groundthat such book, pamphlet, paper, writing, drawing, painting,
representation or figure is in theinterest of science, literature, art or
learning or other objects of general concern, or(ii) which is kept or used bona
fide for religious purposes;(b) any representation sculptured, engraved,
painted or otherwise represented on or in—(i) any ancient monument within the
meaning of the Ancient Monuments and ArchaeologicalSites and Remains Act, 1958
(24 of 1958), or(ii) any temple, or on any car used for the conveyance of
idols, or kept or used for any religiouspurpose.]]STATE
AMENDMENTOrissaAmendment of section 292 (45 of 1860).--In section 292 of the
Indian Penal Code (hereinafter Actreferred to as the said Code), for the words
“which may extend to three months” the words “which mayextend to two years”
shall be substituted and the following proviso shall be inserted before the
Exception,namely:—“Provided that for a second or any subsequent offence under
this section, he shall be punished withimprisonment of either description for a
term which shall not be less than six months and not more thantwo years and
with fine.”[Vide Orissa Act 13 of 1962, s. 2]Insertion of new section 292-A in
Act 45 of 1860.—After section 292 of the said Code, the followingnew section
shall be inserted, namely:--“292-A.Printing, etc., of grossly indecent or
scurrilous matter or matter intended for blackmail.—Whoever—(a) Prints or
causes to be printed in any newspaper, periodical or circular or exhibits or
causes to be exhibitedto public view or distributes or causes to be distributed
or in any manner puts into circulation any picture or anyprinted or written
document which is grossly indecent, or is scurrilous or intended for blackmail;
or(b) Sells or lets for hire, or for purposes of sale or hire makes, produces
or has in his possession, any pictureor any printed or written document which
is grossly indecent or is scurrilous or intended for blackmail; or(c) conveys
any picture or any printed or written document which is grossly indecent or is
scurrilous orintended for blackmail knowing or having reason to believe that
such picture or document will be printed, sold,let for hire, distributed or
publicly exhibited or in any manner put into circulation; or(d) takes part in
or receives profits from, any business in the course of which he knows or has
reason tobelieve that any business in the course of which he knows or has
reason to believe that any such newspaper,periodical, circular, picture or
other printed or written document is printed, exhibited, distributed,
circulated, sold, let for hire,made, produced, kept, conveyed or purchased;
or(e) advertises or makes known by any means whatsoever that any person is
engaged or is ready to engage inany act which is an offence under this section,
or that any such newspaper, periodical, circular, picture or otherprinted or
written document which is grossly indecent or is scurrilous or intended for
blackmail can be procuredfrom or through any person; or1. Subs. Act 36 of
1969,s. 2,for certain words.2. Subs. by s. 2, ibid., for Exception.71(f) offers
or attempts to do any act which is an offence under this section,Shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, orwith both:Provided that for a second or any
subsequent offence under this section, he shall be punished with imprisonmentof
either description for a term which shall not be less than six months and not
more than two years and with fine.Explanation I— For the purpose of this
section, the word “scurrilous” shall be deemed to include any matterwhich is
likely to be injurious to morality or is calculated to injure any
person:Provided that it is not scurrilous to express in good faith anything
whatever respecting the conduct of—(I) a public servant in the discharge of his
public functions or respecting his character, so far as his characterappears in
that conduct and no further ; or(II) any person touching any public question
and respecting his character, so far as his character appears inthat conduct
and no further.Explanation II— In deciding whether any person has committed an
offence under this section, the Court shallhave regard, inter alia, to the
following considerations, namely:—(a) the good character of the person charged,
and where relevant, the nature of his business;(b) the general character and
dominant effect of the matter alleged to be grossly indecent or scurrilous
orintended for blackmail;(c) Any evidence offered or called by or on behalf of
the accused person as to his intention in committingany of the acts specified
in this section.”[Vide Orissa Act 13 of 1962, s. 3]1[293. Sale, etc., of
obscene objects to young person.—Whoever sells, lets to hire, distributes,
exhibits orcirculates to any person under the age of twenty years any such
obscene object as is referred to in the last precedingsection, or offers or
attempts so to do, shall be punished 1[on first conviction with imprisonment of
either descriptionfor a term which may extend to three years, and with fine
which may extend to two thousand rupees, and, in the eventof a second or
subsequent conviction, with imprisonment of either description for a term which
may extend to sevenyears, and also with fine which may extend to five thousand
rupees].]STATE AMENDMENTOrissaAmendment of section 293.--In section 293 of the
said Code—(i) for the words “ any such obscene object as is referred to in the
last preceding section”, the words, figuresand letter “ any such obscene object
as is referred to in section 292 or any such newspaper, periodical,
circular,picture or other printed or written document as is referred to in
section 292-A” shall be substituted;(ii) for the words “ which may extend to
six months”, the words “ which may extend to three years” shallbe
substituted;(iii) in the marginal note, after the words “ obscene objects” the
words “ and grossly indecent or scurrilousmatter or matter intended for
blackmail”, shall be inserted.[Vide Orissa Act 13 of 1962, s. 4]2[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.]3[294A. Keeping lottery office.—Whoever keeps any office or place
for the purpose of drawing any lottery 4[notbeing 5[a State lottery] or a
lottery authorised by the 6[State] Government], shall be punished with
imprisonment ofeither 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 anythingfor the benefit of any
person, on any event or contingency relative or applicable to the drawing of
any ticket, lot,number or figure in any such lottery, shall be punished with
fine which may extend to one thousand rupees.]CHAPTER XVOF OFFENCESRELATING TO
RELIGION295. Injuring or defiling place of worship, with intent to insult the
religion of any class.—Whoeverdestroys, damages or defiles any place of
worship, or any object held sacred by any class of persons withthe intention of
thereby insulting the religion of any class of persons or with the knowledge
that any classof persons is likely to consider such destruction, damage or
defilement as an insult to their religion, shall1. Subs. by Act 8 of 1925, s.
2, for section 293.2. Subs. by Act 3 of 1895, s. 3, for section 294.3. Ins. by
Act 27 of 1870, s. 10.4. Subs. by the A. O. 1937, for “not authorized by
Government”.5. Subs. by Act 3 of 1951, s. 3 and the Sch., for “a lottery
organized by the Central Government or the Government of a Part AState or a
Part B State”.6. Subs. by the A. O. 1950, for “Provincial”.72be punished with
imprisonment of either description for a term which may extend to two years, or
withfine, or with both.1[295A. Deliberate and malicious acts, intended to
outrage religious feelings of any class byinsulting its religion or religious
beliefs.—Whoever, with deliberate and malicious intention of outragingthe
religious feelings of any class of 2[citizens of India], 3[by words, either
spoken or written, or by signsor by visible representations or otherwise],
insults or attempts to insult the religion or the religious beliefsof that
class, shall be punished with imprisonment of either description for a term
which may extend to4[three years], or with fine, or with both.]296. Disturbing
religious assembly.—Whoever voluntarily causes disturbance to any
assemblylawfully engaged in the performance of religious worship, or religious
ceremonies, shall be punished withimprisonment of either description for a term
which may extend to one year, or with fine, or with both.297. Trespassing on
burial places, etc.—Whoever, with the intention of wounding the feelings of
anyperson, or of insulting the religion of any person or with the knowledge
that the feelings of any person arelikely 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 forthe
performance of funeral rites or as a depository for the remains of the dead, or
offers any indignity toany human corpse, or causes disturbance to any persons
assembled for the performance of funeralceremonies,shall be punished with
imprisonment of either description for a term which may extend to one year,
orwith fine, or with both.298. Uttering words, etc., with deliberate intent to
wound religious feelings.—Whoever, with thedeliberate intention of wounding the
religious feelings of any person, utters any word or makes any soundin the
hearing of that person or makes any gesture in the sight of that persons or places
any object in thesight of that person, shall be punished with imprisonment of
either description for a term which may extendto one year, or with fine, or
with both.CHAPTER XVIOF OFFENCESAFFECTINGTHE HUMAN BODYOf offences affecting
life299. 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 heis likely by such act
to cause death, commits the offence of culpable homicide.Illustrations(a) A
lays sticks and turf over a pit, with the intention of thereby causing death,
or with the knowledge that death is likely tobe thereby caused. Z, believing
the ground to be firm, treads on it, falls in and is killed. A has committed
the offence of culpablehomicide.(b) A knows Z to be behind a bush. B does not
know it. A, intending to cause, or knowing it to be likely to cause Z's
death,induces B to fire at the bush. B fires and kills Z. Here B may be guilty
of no offence; but A has committed the offence of culpablehomicide.(c) A, by
shooting at a fowl with intent to kill and steal it, kills B, who is behind a
bush; A not knowing that he was there. Here,although A was doing an unlawful
act, he was not guilty of culpable homicide, as he did not intend to kill B, or
to cause death bydoing an act that he knew was likely to cause
death.Explanation 1.—A person who causes bodily injury to another who is
labouring under a disorder, diseaseor bodily infirmity, and thereby accelerates
the death of that other, shall be deemed to have caused his death.1. Ins. by
Act 25 of 1927, s. 2.2. Subs. by the A. O. 1950, for “His Majesty’s
subjects”.3. Subs. by Act 41 of 1961, s. 3, for certain words.4. Subs. by s. 3,
ibid., for “two years”.73Explanation 2.—Where death is caused by bodily injury,
the person who causes such bodily injury shallbe deemed to have caused the
death, although by resorting to proper remedies and skilful treatment thedeath
might have been prevented.Explanation 3.—The causing of the death of a child in
the mother's womb is not homicide. But it mayamount to culpable homicide to
cause the death of a living child, if any part of that child has been
broughtforth, though the child may not have breathed or been completely
born.300. Murder.—Except in the cases hereinafter excepted, culpable homicide
is murder, if the act bywhich 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 likelyto 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 injuryintended 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 allprobability, cause death, or such bodily injury
as is likely to cause death, and commits such act without anyexcuse for
incurring the risk of causing death or such injury as
aforesaid.Illustrations(a) A shoots Z with the intention of killing him. Z dies
in consequence. A commits murder.(b) A, knowing that Z is labouring under such
a disease that a blow is likely to cause his death, strikes him with the
intentionof causing bodily injury. Z dies in consequence of the blow. A is
guilty of murder, although the blow might not have been sufficientin the
ordinary course of nature to cause the death of a person in a sound state of
health. But if A, not knowing that Z is labouringunder any disease, gives him
such a blow as would not in the ordinary course of nature kill a person in a
sound state of health, hereA, although he may intend to cause bodily injury, is
not guilty of murder, if he did not intend to cause death, or such bodily
injuryas in the ordinary course of nature would cause death.(c) A intentionally
gives Z a sword-cut or club-wound sufficient to cause the death of a man in the
ordinary course of nature.Z dies in consequence. Here A is guilty of murder,
although he may not have intended to cause Z's death.(d) A without any excuse
fires a loaded cannon into a crowd of persons and kills one of them. A is
guilty of murder, althoughhe may not have had a premeditated design to kill any
particular individual.Exception 1.—When culpable homicide is not
murder.—Culpable homicide is not murder if theoffender, whilst deprived of the
power of self-control by grave and sudden provocation, causes the deathof 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 forkilling or doing harm to any person.Secondly.—That
the provocation is not given by anything done in obedience to the law, or by a
publicservant 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 privatedefence.Explanation.—Whether the
provocation was grave and sudden enough to prevent the offence fromamounting 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 indoing an act caused by the
provocation.74(b) Y gives grave and sudden provocation to A. A, on this
provocation, fires a pistol at Y, neither intending nor knowinghimself to be
likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not
committed murder, but merely culpablehomicide.(c) A is lawfully arrested by Z,
a bailiff. A is excited to sudden and violent passion by the arrest, and kills
Z. This is murder,inasmuch as the provocation was given by a thing done by a
public servant in the exercise of his powers.(d) A appears as a witness before
Z, a Magistrate. Z says that he does not believe a word of A's deposition, and
that A hasperjured himself. A is moved to sudden passion by these words, and
kills Z. This is murder.(e)A attempts to pull Z's nose. Z, in the exercise of
the right of private defence, lays hold of A to prevent him from doing so.A is
moved to sudden and violent passion in consequence, and kills Z. This is
murder, inasmuch as the provocation was giving bya thing done in the exercise
of the right of private defence.(f) Z strikes B. B is by this provocation
excited to violent rage. A, a bystander, intending to take advantage of B's
rage, and tocause him to kill Z, puts a knife into B's hand for that purpose. B
kills Z with the knife. Here B may have committed only culpablehomicide, but A
is guilty of murder.Exception 2.—Culpable homicide is not murder if the
offender in the exercise in good faith of the rightof private defence of person
or property, exceeds the power given to him by law and causes the death ofthe
person against whom he is exercising such right of defence without premeditation,
and without anyintention of doing more harm than is necessary for the purpose
of such defence.IllustrationZ 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 notcommitted murder, but only culpable
homicide.Exception 3.—Culpable homicide is not murder if the offender, being a
public servant or aiding a publicservant acting for the advancement of public
justice, exceeds the powers given to him by law, and causesdeath by doing an
act which he, in good faith, believes to be lawful and necessary for the due
discharge ofhis 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 suddenfight in the heat of passion upon
a sudden quarrel and without the offender's having taken undue advantageor acted
in a cruel or unusual manner.Explanation.—It is immaterial in such cases which
party offers the provocation or commits the firstassault.Exception 5.—Culpable
homicide is not murder when the person whose death is caused, being abovethe
age of eighteen years, suffers death or takes the risk of death with his own
consent.IllustrationA, 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 wasintended.—If a person, by doing anything which he intends or
knows to be likely to cause death, commitsculpable homicide by causing the death
of any person, whose death he neither intends nor knows himselfto be likely to
cause, the culpable homicide committed by the offender is of the description of
which itwould have been if he had caused the death of the person whose death he
intended or knew himself to helikely to cause.302. Punishment for
murder.—Whoever commits murder shall be punished with death or1[imprisonment
for life], and shall also be liable to fine.303. Punishment for murder by
life-convict.—Whoever, being under sentence of 1[imprisonment forlife], commits
murder, shall be punished with death.304. Punishment for culpable homicide not
amounting to murder.—Whoever commits culpablehomicide not amounting to murder,
shall be punished with 1[imprisonment for life], or imprisonment of1. Subs. by
Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f.
1-1-1956).75either description for a term which may extend to ten years, and
shall also be liable to fine, if the act bywhich the death is caused is done
with the intention of causing death, or of causing such bodily injury as
islikely to cause death;or with imprisonment of either description for a term
which may extend to ten years, or with fine, orwith both, if the act is done
with the knowledge that it is likely to cause death, but without any intention
tocause death, or to cause such bodily injury as is likely to cause
death.1[304A. Causing death by negligence.—Whoever causes the death of any
person by doing any rashor negligent act not amounting to culpable homicide, shall
be punished with imprisonment of eitherdescription for a term which may extend
to two years, or with fine, or with both.]STATE AMENDMENTSHimachal
Pradesh.—After Section 304 A of the Indian Penal Code, 1860, in its application
to the State of HimachalPradesh, the following section shall be added, namely:
—“304-AA. Causing death or injury by driving a public service vehicle while in
a state ofintoxication.—Whoever, while in a state of intoxication, drives or
attempts to drive a public service vehicleand causes the death of any person
not amounting to culpable homicide, or causes any bodily injury likelyto cause
death, shall be punished with imprisonment for life, or imprisonment of either
description for aterm which may extend to seven years, and shall also be liable
to fine, as if the act by which death or bodilyinjury is caused, is done with
the knowledge that he is likely by such act to cause death or cause such
bodilyinjury as is likely to cause death.Explanation. —“Public service vehicle”
means any motor vehicle used or adapted to be used for thecarriage of
passengers for hire or reward, and includes a maxicab, a motorcab, contract
carriage and stagecarriage”.[Vide Himachal Pradesh Act 19 of 1997, sec. 2].In
Section 304-AA of the Indian Penal Code, 1860, in its application to the State
of HimachalPradesh, —(a) for the words “a public service vehicle” where ever
these occur, the words “any vehicle” shallbe substituted; and(b) the
Explanation shall be omitted.[Vide Himachal Pradesh Act 7 of 2012, s. 2]2[304B.
Dowry death.—(1) Where the death of a woman is caused by any burns or bodily
injury oroccurs otherwise than under normal circumstances within seven years of
her marriage and it is shown thatsoon before her death she was subjected to
cruelty or harassment by her husband or any relative of herhusband for, or in
connection with, any demand for dowry, such death shall be called “dowry
death”, andsuch 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 section2 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 beless than seven years but which may extend to imprisonment
for life.]305. Abetment of suicide of child or insane person.—If any person
under eighteen years of age, anyinsane person, any delirious person, any idiot,
or any person in a state of intoxication, commits suicide,1. Ins. by Act 27 of
1870, s. 12.2. Ins. by Act 43 of 1986, s. 10 (w.e.f. 19-11-1986).76whoever
abets the commission of such suicide, shall be punished with death or
1[imprisonment for life], orimprisonment for a term not exceeding ten years,
and shall also be liable to fine.306. Abetment of suicide.—If any person
commits suicide, whoever abets the commission of suchsuicide, shall be punished
with imprisonment of either description for a term which may extend to ten
years,and shall also be liable to fine.307. Attempt to murder.—Whoever does any
act with such intention or knowledge, and under suchcircumstances that, if he
by that act caused death, he would be guilty of murder, shall be punished
withimprisonment 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 2[imprisonment for life],or to
such punishment as is hereinbefore mentioned.Attempts by life-convicts.—2[When
any person offending under this section is under sentence of2[imprisonment for
life], he may, if hurt is caused, be punished with death.]Illustrations(a) A
shoots at Z with intention to kill him, under such circumstances that, if death
ensued A would be guilty of murder. A isliable to punishment under this
section.(b) A, with the intention of causing the death of a child of tender
years, exposes it in a desert place A has committed theoffence defined by this
section, though the death of the child does not ensue.(c) A, intending to
murder Z, buys a gun and loads it. A has not yet committed the offence. A fires
the gun at Z. He hascommitted the offence defined in this section, and, if by
such firing he wounds Z, he is liable to the punishment provided by thelatter
part of 3[the first paragraph of] this section.(d) A, intending to murder Z by
poison, purchases poison and mixes the same with food which remains in A's
keeping; A hasnot yet committed the offence defined in this section. A places
the food on Z's table or delivers it to Z's servants to place it on Z'stable. A
has committed the offence defined in this section.308. Attempt to commit
culpable homicide.—Whoever does any act with such intention orknowledge and
under such circumstances that, if he by that act caused death, he would be
guilty of culpablehomicide not amounting to murder, shall be punished with
imprisonment of either description for a termwhich 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, orwith fine, or with both.IllustrationA, on grave
and sudden provocation, fires a pistol at Z, under such circumstances that if
he there by caused death he would beguilty of culpable homicide not amounting
to murder. A has committed the offence defined in this section.309. Attempt to
commit suicide.—Whoever attempts to commit suicide and does any act towards
thecommission of such offence, shall be punished with simple imprisonment for a
term which may extend toone year 4[or with fine, or with both.]310.
Thug.—Whoever, at any time after the passing of this Act, shall have been
habitually associatedwith any other or others for the purpose of committing
robbery or child-stealing by means of oraccompanied with murder, is a thug.311.
Punishment.—Whoever is a thug, shall be punished with 5[imprisonment for life],
and shall alsobe liable to fine.Of the causing of miscarriage, of injuries to
unborn children, of the exposureOf infants, and of the concealment of births.312.
Causing miscarraige.—Whoever voluntarily causes a woman with child to miscarry,
shall, ifsuch miscarriage be not caused in good faith for the purpose of saving
the life of the woman, be punishedwith imprisonment of either description for a
term which may extend to three years, or with fine, or withboth; and, if the
woman be quick with child, shall be punished with imprisonment of either
description fora term which may extend to seven years, and shall also be liable
to fine.1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation
for life” (w.e.f. 1-1-1956).2. Added by Act 27 of 1870, s. 11.3. Ins. by Act 12
of 1891, s. 2 and the Second Sch.4. Subs. by Act 8 of 1882, s. 7, for “and
shall also be liable to fine”.5. Subs. by Act 26 of 1955, s. 117 and the Sch.,
for “transportation for life” (w.e.f. 1-1-1956).77Explanation.—A woman who
causes herself to miscarry, is within the meaning of this section.313. Causing
miscarriage without woman's consent.—Whoever commits the offence defined in thelast
preceding section without the consent of the woman, whether the woman is quick
with child or not,shall be punished with 4[imprisonment for life], or with
imprisonment of either description for a term whichmay extend to ten years, and
shall also be liable to fine.314. Death caused by act done with intent to cause
miscarriage.—Whoever, with intent to cause themiscarriage of a woman with
child, does any act which causes the death of such woman, shall be punishedwith
imprisonment of either description for a term which may extend to ten years,
and shall also be liableto fine;if act done without woman's consent.—and if the
act is done without the consent of the woman, shallbe punished either with
1[imprisonment for life], or with the punishment above mentioned.Explanation.—It
is not essential to this offence that the offender should know that the act is
likely tocause death.315. Act done with intent to prevent child being born
alive or to cause it to die after birth.—Whoever before the birth of any child
does any act with the intention of thereby preventing that child frombeing born
alive or causing it to die after its birth, and does by such act prevent that
child from being bornalive, or causes it to die after its birth, shall, if such
act be not caused in good faith for the purpose of savingthe life of the
mother, be punished with imprisonment of either description for a term which
may extend toten years, or with fine, or with both.316. Causing death of quick
unborn child by act amounting to culpable homicide.—Whoever doesany act under
such circumstances, that if he thereby caused death he would be guilty of
culpable homicide,and does by such act cause the death of a quick unborn child,
shall be punished with imprisonment of eitherdescription for a term which may
extend to ten years, and shall also be liable to fine.IllustrationA, 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
whichshe 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 ofit.—Whoever being the father or mother of a
child under the age of twelve years, or having the care of suchchild, shall
expose or leave such child in any place with the intention of wholly abandoning
such child,shall be punished with imprisonment of either description for a term
which may extend to seven years, orwith fine, or with both.Explanation.—This
section is not intended to prevent the trial of the offender for murder or
culpablehomicide, as the case may be, if the child die in consequence of the
exposure.318. Concealment of birth by secret disposal of dead body.—Whoever, by
secretly burying orotherwise disposing of the dead body of a child whether such
child die before or after or during its birth,intentionally conceals or
endeavors to conceal the birth of such child, shall be punished with
imprisonmentof either description for a term which may extend to two years, or
with fine, or with both.Of Hurt319. Hurt.—Whoever causes bodily pain, disease
or infirmity to any person is said to cause hurt.320. Grievous hurt.—The
following kinds of hurt only are designated as
“grievous”:—First.—Emasculation.Secondly.—Permanent privation of the sight of
either eye.Thirdly.—Permanent privation of the hearing of either
ear.Fourthly.—Privation of any member or joint.1. Subs. by Act 26 of 1955, s.
117 and the Sch., for “transportation for life” (w.e.f.
1-1-1956).78Fifthly.—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
oftwenty days in severe bodily pain, or unable to follow his ordinary
pursuits.321. Voluntarily causing hurt.—Whoever does any act with the intention
of thereby causing hurt toany person, or with the knowledge that he is likely
thereby to cause hurt to any person, and does therebycause hurt to any person,
is said “voluntarily to cause hurt”.322. Voluntarily causing grievous
hurt.—Whoever voluntarily causes hurt, if the hurt which heintends to cause or
knows himself to be likely to cause is grievous hurt, and if the hurt which he
causes isgrievous hurt, is said “voluntarily to cause grievous
hurt”.Explanation.—A person is not said voluntarily to cause grievous hurt
except when he both causesgrievous hurt and intends or knows himself to be
likely to cause grievous hurt. But he is said voluntarily tocause grievous
hurt, if intending or knowing himself to be likely to cause grievous hurt of
one kind, heactually causes grievous hurt of another kind.IllustrationA,
intending of knowing himself to be likely permanently to disfigure Z's face,
gives Z a blow which does not permanentlydisfigure Z's face, but which causes Z
to suffer severe bodily pain for the space of twenty days. A has voluntarily
caused grievoushurt.323. Punishment for voluntarily causing hurt.—Whoever,
except in the case provided for by section334, voluntarily causes hurt, shall
be punished with imprisonment of either description for a term whichmay extend
to one year, or with fine which may extend to one thousand rupees, or with
both.324. Voluntarily causing hurt by dangerous weapons or means.—Whoever,
except in the caseprovided for by section 334, voluntarily causes hurt by means
of any instrument for shooting, stabbing orcutting, or any instrument which,
used as a weapon of offence, is likely to cause death, or by means of fireor
any heated substance, or by means of any poison or any corrosive substance, or
by means of anyexplosive substance or by means of any substance which it is
deleterious to the human body to inhale, toswallow, or to receive into the
blood, or by means of any animal, shall be punished with imprisonment ofeither
description for a term which may extend to three years, or with fine, or with
both.325. Punishment for voluntarily causing grievous hurt.—Whoever, except in
the case provided forby section 335, voluntarily causes grievous hurt, shall be
punished with imprisonment of either descriptionfor a term which may extend to
seven years, and shall also be liable to fine.326. Voluntarily causing grievous
hurt by dangerous weapons or means.—Whoever, except in thecase 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 bymeans of fire or any heated substance,
or by means of any poison or any corrosive substance, or by meansof any
explosive substance, or by means of any substance which it is deleterious to
the human body toinhale, to swallow, or to receive into the blood, or by means
of any animal, shall be punished with1[imprisonment for life], or with
imprisonment of either description for a term which may extend to tenyears, and
shall also be liable to fine.2[326A. Voluntarily causing grievous hurt by use
of acid, etc.—Whoever causes permanent or partialdamage or deformity to, or
burns or maims or disfigures or disables, any part or parts of the body of
aperson or causes grievous hurt by throwing acid on or by administering acid to
that person, or by using anyother means with the intention of causing or with
the knowledge that he is likely to cause such injury orhurt, shall be punished
with imprisonment of either description for a term which shall not be less than
tenyears but which may extend to imprisonment for life, and with fine:1. Subs.
by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f.
1-1-1956).2. Ins. by Act 13 of 2013, s. 5 (w.e.f. 3-2-2013).79Provided that
such fine shall be just and reasonable to meet the medical expenses of the
treatment ofthe victim:Provided further that any fine imposed under this
section shall be paid to the victim.326B. Voluntarily throwing or attempting to
throw acid.—Whoever throws or attempts to throwacid on any person or attempts
to administer acid to any person, or attempts to use any other means, withthe
intention of causing permanent or partial damage or deformity or burns or
maiming or disfigurement ordisability or grievous hurt to that person, shall be
punished with imprisonment of either description for aterm which shall not be
less than five years but which may extend to seven years, and shall also be
liableto fine.Explanation 1.—For the purposes of section 326A and this section,
"acid" includes any substance whichhas acidic or corrosive character
or burning nature, that is capable of causing bodily injury leading to scarsor
disfigurement or temporary or permanent disability.Explanation 2.—For the
purposes of section 326A and this section, permanent or partial damage
ordeformity shall not be required to be irreversible.]327. Voluntarily causing
hurt to extort property, or to constrain to an illegal to an
act.—Whoevervoluntarily causes hurt, for the purpose of extorting from the
sufferer, or from any person interested in thesufferer, any property or
valuable security, or of constraining the sufferer or any person interested in
suchsufferer to do anything which is illegal or which may facilitate the
commission of an offence, shall bepunished with imprisonment of either
description for a term which may extend to ten years, and shall alsobe liable
to fine.328. Causing hurt by means of poison, etc., with intent to commit and
offence.—Whoeveradministers to or causes to be taken by any person any poison
or any stupefying, intoxicating orunwholesome drug, or other thing with intent
to cause hurt to such person, or with intent to commit or tofacilitate the
commission of an offence or knowing it to be likely that he will thereby cause
hurt, shall bepunished with imprisonment of either description for a term which
may extend to ten years, and shall alsobe liable to fine.329. Voluntarily
causing grievous hurt to extort property, or to constrain to an illegal
act.—Whoever voluntarily causes grievous hurt for the purpose of extorting from
the sufferer or from any personinterested in the sufferer any property or
valuable security, or of constraining the sufferer or any personinterested in
such sufferer to do anything that is illegal or which may facilitate the
commission of an offence,shall be punished with 1[imprisonment for life], or
imprisonment of either description for a term which mayextend to ten years, and
shall also be liable to fine.330. Voluntarily causing hurt to extort confession,
or to compel restoration of property.—Whoever voluntarily causes hurt, for the
purpose of extorting from the sufferer or from any personinterested in the
sufferer, any confession or any information which may lead to the detection of
an offenceor misconduct, or for the purpose of constraining the sufferer or any
person interested in the sufferer torestore or to cause the restoration of any
property or valuable security or to satisfy any claim or demand, orto give
information which may lead to the restoration of any property or valuable
security, shall be punishedwith imprisonment of either description for a term
which may extend to seven years, and shall also be liableto
fine.Illustrations(a) A, a police-officer, tortures Z in order to induce Z to
confess that he committed a crime. A is guilty of an offence underthis
section.(b) A, a police-officer, tortures B to induce him to point out where
certain stolen property is deposited. A is guilty of an offenceunder this
section.(c) A, a revenue officer, tortures z in order to compel him to pay
certain arrears of revenue due from Z. A is guilty of anoffence under this
section.(d) A, a zamindar, tortures a raiyat in order to compel him to pay his
rent. A is guilty of an offence under this section.331. Voluntarily causing
grievous hurt to extort confession, or to compel restoration
ofproperty.—Whoever voluntarily causes grievous hurt for the purpose of
extorting from the sufferer or fromany person interested in the sufferer any
confession or any information which may lead to the detection of80an offence or
misconduct, or for the purpose of constraining the sufferer or any person
interested in thesufferer to restore or to cause the restoration of any
property or valuable security, or to satisfy any claim ordemand or to give
information which may lead to the restoration of any property or valuable
security, shallbe punished with imprisonment of either description for a term
which may extend to ten years, and shallalso be liable to fine.332. Voluntarily
causing hurt to deter public servant from his duty.—Whoever voluntarily
causeshurt to any person being a public servant in the discharge of his duty as
such public servant, or with intentto prevent or deter that person or any other
public servant from discharging his duty as such public servantor in
consequence of anything done or attempted to be done by that person in the
lawful discharge of hisduty as such public servant, shall be punished with
imprisonment of either description for a term whichmay extend to three years, or
with fine, or with both.STATE AMENDMENTMaharashtra.Amendment of section 332 of
45 of 1860.—In section 332 of the Indian Penal Code, 1860, in itsapplication to
the State of Maharashtra (hereinafter, in this Chapter, referred to as “the
said Code”), for thewords “three years” the words “five years” shall be
substituted.[Vide Maharashtra Act 50 of 2018, sec. 2]333. Voluntarily causing
grievous hurt to deter public servant from his duty.—Whoevervoluntarily causes
grievous hurt to any person being a public servant in the discharge of his duty
as suchpublic servant, or with intent to prevent or deter that person or any
other public servant from discharginghis duty as such public servant, or in
consequence of anything done or attempted to be done by that personin the
lawful discharge of his duty as such public servant, shall be punished with
imprisonment of eitherdescription for a term which may extend to ten years, and
shall also be liable to fine.334. Voluntarily causing hurt on
provocation.—Whoever voluntarily causes hurt on grave andsudden provocation, if
he neither intends nor knows himself to be likely to cause hurt to any person
otherthan the person who gave the provocation, shall be punished with
imprisonment of either description for aterm which may extend to one month, or
with fine which may extend to five hundred rupees, or with both.335.
Voluntarily causing grievous hurt on provocation.—Whoever 1[voluntarily] causes
grievoushurt on grave and sudden provocation, if he neither intends nor knows
himself to be likely to cause grievoushurt to any person other than the person
who gave the provocation, shall be punished with imprisonment ofeither
description for a term which may extend to four years, or with fine which may
extend to two thousandrupees, or with both.Explanation.—The last two sections
are subject to the same provisos as Exception 1, section 300.336. Act
endangering life or personal safety of others.—Whoever does any act so rashly
ornegligently as to endanger human life or the personal safety of others, shall
be punished with imprisonmentof either description for a term which may extend
to three months or with fine which may extend to twohundred and fifty rupees,
or with both.337. Causing hurt by act endangering life or personal safety of
others.—Whoever causes hurt toany person by doing any act so rashly or
negligently as to endanger human life, or the personal safety ofothers, shall
be punished with imprisonment of either description for a term which may extend
to sixmonths, or with fine which may extend to five hundred rupees, or with
both.338. Causing grievous hurt by act endangering life or personal safety of
others.—Whoever causesgrievous hurt to any person by doing any act so rashly or
negligently as to endanger human life, or thepersonal safety of others, shall
be punished with imprisonment of either description for a term which mayextend
to two years, or with fine which may extend to one thousand rupees, or with
both.Of wrongful restraint and wrongful confinement339. Wrongful
restraint.—Whoever voluntarily obstructs any person so as to prevent that
person fromproceeding in any direction in which that person has a right to
proceed, is said wrongfully to restrain thatperson.1. Ins. by Act 8 of 1882, s.
8.81Exception.—The obstruction of a private way over land or water which a
person in good faith believeshimself to have a lawful right to obstruct, is not
an offence within the meaning of this section.IllustrationA 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 isthereby prevented from passing. A wrongfully
restrains Z.340. Wrongful confinement.—Whoever wrongfully restrains any person
in such a manner as toprevent that person from proceedings beyond certain
circumscribing limits, is said “wrongfully to confine”that
person.Illustrations(a) A causes Z to go within a walled space, and locks ZinZ
is thus prevented from proceeding in anydirection beyond the circumscribing
line of wall. A wrongfully confines Z.(b) A places men with firearms at the
outlets of a building, and tells Z that they will fire at Z if Zattempts leave
the building. A wrongfully confines Z.341. Punishment for wrongful
restraint.—Whoever wrongfully restrains any person shall bepunished with simple
imprisonment for a term which may extend to one month, or with fine which
mayextend to five hundred rupees, or with both.342. Punishment for wrongful
confinement.—Whoever wrongfully confines any person shall bepunished with
imprisonment of either description for a term which may extend to one year, or
with finewhich may extend to one thousand rupees, or with both.343. Wrongful
confinement for three or more days.—Whoever wrongfully confines any person
forthree days, or more, shall be punished with imprisonment of either description
for a term which may extendto two years, or with fine, or with both.344.
Wrongful confinement for ten or more days.—Whoever wrongfully confines any
person for tendays, or more, shall be punished with imprisonment of either
description for a term which may extend tothree years, and shall also be liable
to fine.345. Wrongful confinement of person for whose liberation writ has been
issued.—Whoever keepsany person in wrongful confinement, knowing that a writ
for the liberation of that person has been dulyissued, shall be punished with
imprisonment of either description for a term which may extend to two yearsin
addition to any term of imprisonment to which he may be liable under any other
section of this Chapter.346. Wrongful confinement in secret.—Whoever wrongfully
confines any person in such manner asto indicate an intention that the
confinement of such person may not be known to any person interested inthe
person so confined, or to any public servant, or that the place of such
confinement may not be knownto or discovered by any such person or public
servant as hereinbefore mentioned, shall be punished withimprisonment of either
description for a term which may extend to two years in addition to any
otherpunishment to which he may be liable for such wrongful confinement.347.
Wrongful confinement to extort property, or constrain to illegal act.—Whoever
wrongfullyconfines any person for the purpose of extorting from the person
confined, or from any person interested inthe person confined, any property or
valuable security or of constraining the person confined or any
personinterested in such person to do anything illegal or to give any
information which may facilitate thecommission of an offence, shall be punished
with imprisonment of either description for a term which mayextend to three
years, and shall also be liable to fine.348. Wrongful confinement to extort
confession, or compel restoration of property.—Whoeverwrongfully confines any
person for the purpose of extorting from the person confined or any personinterested
in the person confined any confession or any information which may lead to the
detection of anoffence or misconduct, or for the purpose of constraining the
person confined or any person interested inthe person confined to restore or to
cause the restoration of any property or valuable security or to satisfyany
claim or demand, or to give information which may lead to the restoration of
any property or valuablesecurity, shall be punished with imprisonment of either
description for a term which may extend to threeyears, and shall also be liable
to fine.82Of Criminal Force and Assault349. Force.—A person is said to use
force to another if he causes motion, change of motion, orcessation of motion
to that other, or if he causes to any substance such motion, or change of
motion, orcessation of motion as brings that substance into contact with any
part of that other's body, or with anythingwhich that other is wearing or
carrying, or with anything so situated that such contact affects that other'ssense
of feeling: Provided that the person causing the motion, or change of motion,
or cessation of motion,causes that motion, change of motion, or cessation of
motion in one of the three ways hereinafter described:First.—By his own bodily
power.Secondly.—By disposing any substance in such a manner that the motion or
change or cessation ofmotion takes place without any further act on his part,
or on the part of any other person.Thirdly.—By inducing any animal to move, to
change its motion, or to cease to move.350. Criminal force.—Whoever
intentionally uses force to any person, without that person's consent,in order
to the committing of any offence, or intending by the use of such force to
cause, or knowing it tobe likely that by the use of such force he will cause
injury, fear or annoyance to the person to whom theforce is used, is said to
use criminal force to that other.Illustrations(a) Z is sitting in a moored boat
on a river. A unfastens the moorings, and thus intentionally causes the boat to
drift down thestream. Here A intentionally causes motion to Z, and he does this
by disposing substances in such a manner that the motion isproduced without any
other action on any person's part. A has therefore intentionally used force to
Z; and if he has done so withoutZ's consent, in order to the committing of any
offence, or intending or knowing it to be likely that this use of force will
cause injury,fear or annoyance to Z, A has used criminal force to Z.(b) Z is
riding in a chariot. A lashes Z's horses, and thereby causes them to quicken
their pace. Here A has caused change ofmotion to Z by inducing the animals to
change their motion. A has therefore used force to Z; and if A has done this
without Z'sconsent, intending or knowing it to be likely that he may thereby injure,
frighten or annoy Z, A has used criminal force to Z.(c) Z is riding in a
palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here
A has caused cessation ofmotion to Z, and he has done this by his own bodily
power. A has therefore used force to Z; and as A has acted thus
intentionally,without Z's consent, in order to the commission of an offence. A
has used criminal force to Z.(d) A intentionally pushes against Z in the
street. Here A has by his own bodily power moved his own person so as to bring
itinto contact with Z. He has therefore intentionally used force to Z; and if
he has done so without Z's consent, intending or knowingit to be likely that he
may thereby injure, frighten or annoy Z, he has used criminal force to Z.(e) A
throws a stone, intending or knowing it to be likely that the stone will be
thus brought into contact with Z, or with Z'sclothes, or with something carried
by Z, or that it will strike water and dash up the water against Z's clothes or
something carriedby Z. Here, if the throwing of the stone produce the effect of
causing any substance to come into contact with Z, or Z's clothes, Ahas used
force to Z, and if he did so without Z's consent, intending thereby to injure,
frighten or annoy Z, he has used criminal forceto Z.(f) A intentionally pulls
up a Woman's veil. Here A intentionally uses force to her, and if he does so
without her consentintending or knowing it to be likely that he may thereby
injure, frighten or annoy her, he has used criminal force to her.(g) Z is
bathing. A pours into the bath water which he knows to be boiling. Here A
intentionally by his own bodily powercauses such motion in the boiling water as
brings that water into contact with Z, or with other water so situated that
such contactmust affect Z's sense of feeling; A has therefore intentionally
used force to Z; and if he has done this without Z's consent intendingor
knowing it to be likely that he may thereby cause injury, fear or annoyance to
Z, A has used criminal force.(h) A incites a dog to spring upon Z, without Z's
consent. Here, if A intends to cause injury, fear or annoyance to Z, he
usescriminal force to Z.351. Assault.—Whoever makes any gesture, or any
preparation intending or knowing it to be likelythat such gesture or preparation
will cause any person present to apprehend that he who makes that gestureor
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 giveto his gestures or preparation such a meaning as
may make those gestures or preparations amount to anassault.Illustrations(a) A
shakes his fist at Z, intending or knowing it to be likely that he may thereby
cause Z to believe that A is about to strikeZ. A has committed an assault.(b) A
begins to unloose the muzzle of a ferocious dog, intending or knowing it to be
likely that he may thereby cause Z tobelieve that he is about to cause the dog
to attack Z. A has committed an assault upon Z.83(c) A takes up a stick, saying
to Z, “I will give you a beating”. Here, though the words used by A could in no
case amount toan assault, and though the mere gesture, unaccompanied by any
other circumstances, might not amount to an assault,the gestureexplained by the
words may amount to an assault.352. Punishment for assault or criminal force
otherwise than on grave provocation.—Whoeverassaults or uses criminal force to
any person otherwise than on grave and sudden provocation given by thatperson,
shall be punished with imprisonment of either description for a term which may
extend to threemonths, 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 underthis section, if the provocation is sought or
voluntarily provoked by the offender as an excuse for theoffence, orif the
provocation is given by anything done in obedience to the law, or by a public
servant, in thelawful exercise of the powers of such public servant, orif 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.—Whoeverassaults or uses criminal
force to any person being a public servant in the execution of his duty as
suchpublic servant, or with intent to prevent or deter that person from
discharging his duty as such public servant,or in consequence of anything done
or attempted to be done by such person to the lawful discharge of hisduty as
such public servant, shall be punished with imprisonment of either description
for a term whichmay extend to two years, or with fine, or with both.STATE
AMENDMENTMaharashtra.—Amendment of section 353 of 45 of 1860.—In section 353 of
the said Code, for the words “two years”the words “five years” shall be
substituted.[Vide Maharashtra Act 40 of 2018, sec. 3]354. Assault or criminal
force to woman with intent to outrage her modesty.—Whoever assaultsor uses
criminal force to any woman, intending to outrage or knowing it to be likely
that he will there byoutrage her modesty, 1[shall be punished with imprisonment
of either description for a term which shall not be lessthan one year but which
may extend to five years, and shall also be liable to fine].STATE
AMENDMENTChhattisgarhIn Section 354 of the Penal Code, the following proviso
shall be inserted, namely: —Provided that where offence is committed, under this
Section by a relative, guardian or teacher or aperson in a position of trust or
authority towards the person assaulted, he shall be punishable withimprisonment
of either description for a term which shall not be less than two years but
which may extendto seven years and shall also be liable to fine.[Vide
Chhattisgarh Act 25 of 2015, sec. 3]2[354A. Sexual harassment and punishment
for sexual harassment.—(1) Aman committing any ofthe following acts—(i)
physical contact and advances involving unwelcome and explicit sexual
overtures; or1. Subs. by Act 13 of 2013, s. 6, for “shall be punished with
imprisonment of either description for a term which may extend to two years,
orwith fine, or with both” (w.e.f. 3-2-2013).2. Ins. by Act 13 of 2013, s. 7
(w.e.f. 3-2-2013).84(ii) a demand or request for sexual favours; or(iii)
showing pornography against the will of a woman; or(iv) making sexually
coloured remarks,shall be guilty of the offence of sexual harassment.(2) Any
man who commits the offence specified in clause (i) or clause (ii) or clause
(iii) ofsub-section (1) shall be punished with rigorous imprisonment for a term
which may extend to three years,or with fine, or with both.(3) Any man who
commits the offence specified in clause (iv) of sub-section (1) shall be
punished withimprisonment of either description for a term which may extend to
one year, or with fine, or with both.354B. Assault or use of criminal force to
woman with intent to disrobe.—Any man who assaults oruses criminal force to any
woman or abets such act with the intention of disrobing or compelling her to
benaked, shall be punished with imprisonment of either description for a term
which shall not be less thanthree years but which may extend to seven years,
and shall also be liable to fine.354C. Voyeurism.—Any man who watches, or
captures the image of a woman engaging in a privateact in circumstances where
she would usually have the expectation of not being observed either by
theperpetrator or by any other person at the behest of the perpetrator or disseminates
such image shall bepunished on first conviction with imprisonment of either
description for a term which shall not be less thanone year, but which may
extend to three years, and shall also be liable to fine, and be punished on a
secondor subsequent conviction, with imprisonment of either description for a
term which shall not be less thanthree years, but which may extend to seven
years, and shall also be liable to fine.Explanation 1.—For the purpose of this
section, “private act” includes an act of watching carried outin a place which,
in the circumstances, would reasonably be expected to provide privacy and where
thevictim's genitals, posterior or breasts are exposed or covered only in
underwear; or the victim is using alavatory; or the victim is doing a sexual
act that is not of a kind ordinarily done in public.Explanation 2.—Where the
victim consents to the capture of the images or any act, but not to
theirdissemination to third persons and where such image or act is
disseminated, such dissemination shall beconsidered an offence under this
section.354D. Stalking.—(1) Any man who—(i) follows a woman and contacts, or
attempts to contact such woman to foster personal interactionrepeatedly despite
a clear indication of disinterest by such woman; or(ii) monitors the use by a
woman of the internet, email or any other form of
electroniccommunication,commits the offence of stalking:Provided that such
conduct shall not amount to stalking if the man who pursued it proves that—(i)
it was pursued for the purpose of preventing or detecting crime and the man
accused ofstalking had been entrusted with the responsibility of prevention and
detection of crime by theState; or(ii) it was pursued under any law or to
comply with any condition or requirement imposed byany person under any law;
or(iii) in the particular circumstances such conduct was reasonable and
justified.(2) Whoever commits the offence of stalking shall be punished on
first conviction with imprisonmentof either description for a term which may
extend to three years, and shall also be liable to fine; and bepunished on a
second or subsequent conviction, with imprisonment of either description for a
term whichmay extend to five years, and shall also be liable to fine.]STATE
AMENDMENTJammu and Kashmir and Ladakh (UTs)After section 354D, insert the
following section, namely:-85354E. Sextortion.—(1) Whoever,—(a) being in a
position of authority; or(b) being in a fiduciary relationship; or(c) being a
public servant,abuses such authority or fiduciary relationship or misuses his
official position to employ physical or nonphysical forms of coercion to extort
or demand sexual favours from any woman in exchange of somebenefits or other
favours that such person is empowered to grant or withhold, shall be guilty of
offence ofsextortion.Explanation.–For the purpose of this section, ‘sexual
favour’ shall mean and include any kind ofunwanted sexual activity ranging from
sexually suggestive conduct, sexually explicit actions such astouching,
exposure of private body parts to sexual intercourse, including exposure over
the electronic modeof communication.(2) Any person who commits the offence of
sextortion shall be punished with rigorous imprisonmentfor a term which shall
not be less than three years but may extend to five years and with fine.[Ins.
by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order,
2020, videnotification No. S.O. 1123(E) dated (18-3-2020) and vide Union
Territory of Ladakh Reorganisation(Adaptation of Central Laws) Order, 2020, notification
No. S.O. 3774(E), dated (23-10-2020).ChhattisgarhAfter Section 354D of the
Penal Code, the following shall be inserted, namely:—354E. Liability person
present who fails to prevent the commission of offence under Section 354,354A,
354B, 354C, 354D.—Whoever, being present at the time of commission of an
offence under section 354, section 354A, section354B, section 354C or section
354D and being able to prevent such offence, fails to prevent the commissionof
such offence or not being in position to prevent the commission of such
offence, fails to give informationof the commission of such offence to the
nearest magistrate or police officer, by any mode, with theintention of
screening the offender from legal punishment, shall be liable for abetment of such
offence andshall be punished with imprisonment of either description which may
extend to three years or with fine orwith both.][Vide Chhattisgarh Act 25 of
2015, s. 3]Arunachal PradeshAmendment of section 354.—In section 354 of the
principal Act, for the words “shall be punishedwith imprisonment of either
description for a term which shall not be less than one year but which
mayextend to five years, and shall also be liable to fine “the words “ shall be
punished with imprisonment ofeither description for a term which shall not be
less than two years but which may extend to seven years,and shall also be
liable to fine” shall be substituted.[Vide Arunachal Pradesh Act 3 of 2019, s.
5]Amendment of section 354B.—In section 354B of the principal Act, for the words
“shall be punishedwith imprisonment of either description for a term which
shall not be less than three years but which mayextend to seven years and shall
also be liable to fine” the words “shall be punished on first conviction
withimprisonment of either description for a term which shall not be less than
three years but which may extendto seven years and shall also be liable to
fine; and be punished on a second or subsequent convicting withrigorous
imprisonment for a term which shall not be less than seven years but which may
extend to tenyears with fine which shall not be less than one lakh rupees”
shall be substituted.[Vide Arunachal Pradesh Act 3 of 2019, s. 6]Amendment of
section 354D.—In section 354D of the principal Act, for sub-section (2), the followingsub-section
shall be substituted, namely:--“(2) Whoever commits the offence of stalking
shall be punished on first conviction with imprisonmentof either description
for a term which may extend to three years and shall also be liable to fine;
and bepunished on a second or subsequent conviction with imprisonment or either
description for a term which86shall not be less than three years but which may
extend to seven years and with fine which shall not be lessthan one lakh
rupees:Provided that the count may, for adequate and special reasons to be
mentioned in the judgement, imposea sentence of lesser period of imprisonment
than specified minimum imprisonment.”.[Vide Arunachal Pradesh act 3 of 2019,
s.7]355. Assault or criminal force with intent to dishonour person, otherwise
than on graveprovocation. —Whoever assaults or uses criminal force to any
person, intending thereby to dishonor thatperson, otherwise than on grave and
sudden provocation given by that person, shall be punished withimprisonment of
either description for a term which may extend to two years, or with fine, or
with both.356. Assault or criminal force in attempt to commit theft of property
carried by a person.—Whoever assaults or uses criminal force to any person, in
attempting to commit theft on any property whichthat person is then wearing or
carrying, shall be punished with imprisonment of either description for a
termwhich may extend to two years, or with fine, or with both.357. Assault or
criminal force in attempt wrongfully to confine a person.—Whoever assaults
oruses criminal force to any person, in attempting wrongfully to confine that
person, shall be punished withimprisonment of either description for a term
which may extend to one year, or with fine which may extendto one thousand
rupees, or with both.358. Assault or criminal force on grave
provocation.—Whoever assaults or uses criminal force toany 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 hundredrupees, or with both.Explanation.—The last section is
subject to the same Explanation as section 352.Of Kidnapping, Abduction,
Slavery and Forced Labour359. Kidnapping.—Kidnapping is of two kinds: kidnapping
from 1[India], and kidnapping from lawfulguardianship.360. Kidnapping from
India.—Whoever conveys any person beyond the limits of 1[India] without
theconsent of that person, or of some person legally authorised to consent on
behalf of that person, is said tokidnap that person from 1[India].361.
Kidnapping from lawful guardianship.—Whoever takes or entices any minor under
2[sixteen]years of age if a male, or under 3[eighteen] years of age if a
female, or any person of unsound mind, out ofthe keeping of the lawful guardian
of such minor or person of unsound mind, without the consent of suchguardian,
is said to kidnap such minor or person from lawful
guardianship.Explanation.—The words “lawful guardian” in this section include
any person lawfully entrusted withthe 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 himselfto be the father of an illegitimate child, or who in
good faith believes himself to be entitled to the lawfulcustody of such child,
unless such act is committed for an immoral or unlawful purpose.362.
Abduction.—Whoever by force compels, or by any deceitful means induces, any
person to gofrom any place, is said to abduct that person.363. Punishment for kidnapping.—Whoever
kidnaps any person from 1[India] or from lawfulguardianship, shall be punished
with imprisonment of either description for a term which may extend toseven
years, and shall also be liable to fine.4[363A. Kidnapping or maiming a minor
for purposes of begging.—(1) Whoever kidnaps any minoror, not being the lawful
guardian of a minor, obtains the custody of the minor, in order that such minor
may1. The words “British India” have successively been subs. by the A. O. 1948,
the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,to read as above.2. Subs.
by Act 42 of 1949, s. 2, for “fourteen”.3. Subs. by s. 2, ibid., for
“sixteen”.4. Ins. by Act 52 of 1959, s. 2 (w.e.f. 15-1-1960).87be employed or
used for the purposes of begging shall be punishable with imprisonment of
eitherdescription for a term which may extend to ten years, and shall also be
liable to fine.(2) Whoever maims any minor in order that such minor may be
employed or used for the purposes ofbegging shall be punishable with
imprisonment for life, and shall also be liable to fine.(3) Where any person,
not being the lawful guardian of a minor, employs or uses such minor for
thepurposes of begging, it shall be presumed, unless the contrary is proved,
that he kidnapped or otherwiseobtained the custody of that minor in order that
the minor might be employed or used for the purposes ofbegging.(4) In this
section,—(a) “begging” means—(i) soliciting or receiving alms in a public
place, whether under the pretence of singing, dancing,fortunetelling,
performing tricks or selling articles or otherwise;(ii) entering on any private
premises for the purpose of soliciting or receiving alms;(iii) exposing or
exhibiting, with the object of obtaining or extorting alms, any sore,
wound,injury, deformity or disease, whether of himself or of any other person
or of an animal;(iv) using a minor as an exhibit for the purpose of soliciting
or receiving alms;(b) “minor” means—(i) in the case of a male, a person under
sixteen years of age; and(ii) in the case of a female, a person under eighteen
years of age.]364. Kidnapping or abducting in order to murder.—Whoever kidnaps
or abducts any person inorder 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
toten years, and shall also be liable to fine.IIIustrations(a) A kidnaps Z from
2[India], intending or knowing it to be likely that Z may be sacrificed to an
idol. A has committed theoffence defined in this section.(b) A forcibly carries
or entices B away from his home in order that B may be murdered. A has
committed the offence definedin this section.3[364A. Kidnapping for ransom,
etc.—Whoever kidnaps or abducts any person or keeps a person indetention after
such kidnapping or abduction, and threatens to cause death or hurt to such
person, or by hisconduct gives rise to a reasonable apprehension that such
person may be put to death or hurt, or causes hurtor death to such person in
order to compel the Government or 4[any foreign State or international
intergovernmental 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.—Whoeverkidnaps or abducts any
person with intent to cause that person to be secretly and wrongfully
confined,shall be punished with imprisonment of either description for a term
which may extend to seven years,and shall also be liable to fine.366.
Kidnapping, abducting or inducing woman to compel her marriage, etc.—Whoever
kidnapsor abducts any woman with intent that she may be compelled, or knowing
it to be likely that she will becompelled, to marry any person against her
will, or in order that she may be forced or seduced to illicitintercourse, or
knowing it to be likely that she will be forced or seduced to illicit
intercourse, shall bepunished with imprisonment of either description for a
term which may extend to ten years, and shall also1. Subs. by Act 26 of 1955,
s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).2. The
words “British India” have successively been subs. by the A. O. 1948, the A. O.
1950 and Act 3 of 1951, s. 3 and the Sch.,to read as above.3. Ins. by Act 42 of
1993, s. 2.4. Subs. by Act 24 of 1995, s. 2, for “any other person”.88be liable
to fine; 1[and whoever, by means of criminal intimidation as defined in this
Code or of abuse ofauthority or any other method of compulsion, induces any
woman to go from any place with intent that shemay be, or knowing that it is
likely that she will be, forced or seduced to illicit intercourse with
anotherperson shall also be punishable as aforesaid].2[366A. Procuration of
minor girl.—Whoever, by any means whatsoever, induces any minor girlunder the
age of eighteen years to go from any place or to do any act with intent that
such girl may be, orknowing that it is likely that she will be, forced or
seduced to illicit intercourse with another person shallbe punishable with
imprisonment which may extend to ten years, and shall also be liable to
fine.366B. Importation of girl from foreign country.—Whoever imports into
1[India] from any countryoutside India 3[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
intercoursewith another person, 4***shall be punishable with imprisonment which
may extend to ten years and shallalso be liable to fine.]367. Kidnapping or
abducting in order to subject person to grievous hurt, slavery,
etc.—Whoeverkidnaps or abducts any person in order that such person may be
subjected, or may be so disposed of as tobe put in danger of being subjected to
grievous hurt, or slavery, or to the unnatural lust of any person, orknowing it
to be likely that such person will be so subjected or disposed of, shall be
punished withimprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.368. Wrongfully concealing or
keeping in confinement, kidnapped or abducted person.—Whoever, knowing that any
person has been kidnapped or has been abducted, wrongfully conceals orconfines
such person, shall be punished in the same manner as if he had kidnapped or
abducted such personwith the same intention or knowledge, or for the same
purpose as that with or for which he conceals ordetains such person in
confinement.369. Kidnapping or abducting child under ten years with intent to
steal from its person.—Whoever kidnaps or abducts any child under the age of
ten years with the intention of taking dishonestlyany movable property from the
person of such child, shall be punished with imprisonment of eitherdescription
for a term which may extend to seven years, and shall also be liable to
fine.5[370. Trafficking of person.—(1) Whoever, for the purpose of
exploitation, (a) recruits, (b)transports, (c)harbours, (d)transfers, or
(e)receives, a person or persons, by—First.—using threats, orSecondly.—using
force, or any other form of coercion, orThirdly.—by abduction, orFourthly.—by
practising fraud, or deception, orFifthly.—by abuse of power, orSixthly.— by
inducement, including the giving or receiving of payments or benefits, in order
to achievethe consent of any person having control over the person recruited,
transported, harboured, transferred orreceived,commits the offence of
trafficking.Explanation 1.—The expression "exploitation" shall
include any act of physical exploitation or any formof sexual exploitation,
slavery or practices similar to slavery, servitude, or the forced removal of
organs.Explanation 2.—The consent of the victim is immaterial in determination
of the offence oftrafficking.(2)Whoever commits the offence of trafficking
shall be punished with rigorous imprisonment for aterm which shall not be less
than seven years, but which may extend to ten years, and shall also be liableto
fine.1. Added by Act 20 of 1923, s. 2.2. Ins. by s. 3, ibid.3. Ins. by Act 3 of
1951, s. 3 and the Sch.4. Certain words omitted by s. 3 and the Sch., ibid.5.
Subs. by Act 13 of 2013, s. 8, for section 370 (w.e.f. 3-2-2013).89(3) Where
the offence involves the trafficking of more than one person, it shall be
punishable with rigorousimprisonment for a term which shall not be less than
ten years but which may extend to imprisonment for life, andshall also be
liable to fine.(4) Where the offence involves the trafficking of a minor, it
shall be punishable with rigorous imprisonment for aterm which shall not be
less than ten years, but which may extend to imprisonment for life, and shall
also be liable tofine.(5) Where the offence involves the trafficking of more
than one minor, it shall be punishable withrigorous imprisonment for a term
which shall not be less than fourteen years, but which may extend
toimprisonment for life, and shall also be liable to fine.(6) If a person is
convicted of the offence of trafficking of minor on more than one occasion,
then suchperson shall be punished with imprisonment for life, which shall mean
imprisonment for the remainder ofthat person's natural life, and shall also be
liable to fine.(7) When a public servant or a police officer is involved in the
trafficking of any person then, suchpublic servant or police officer shall be
punished with imprisonment for life, which shall meanimprisonment for the
remainder of that person’s natural life, and shall also be liable to fine.370A.
Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to
believe thata minor has been trafficked, engages such minor for sexual
exploitation in any manner, shall be punishedwith rigorous imprisonment for a
term which shall not be less than five years, but which may extend toseven
years, and shall also be liable to fine.(2) Whoever, knowingly by or having
reason to believe that a person has been trafficked, engages suchperson for
sexual exploitation in any manner, shall be punished with rigorous imprisonment
for a termwhich shall not be less than three years, but which may extend to
five years, and shall also be liable to fine.]371. Habitual dealing in
slaves.—Whoever habitually imports, exports, removes, buys, sells, trafficsor
deals in slaves, shall be punished with 1[imprisonment for life], or with
imprisonment of eitherdescription for a term not exceeding ten years, and shall
also be liable to fine.372. Selling minor for purposes of prostitution,
etc.—Whoever sells, lets to hire, or otherwisedisposes of any 2[person under
the age of eighteen years with intent that such person shall at any age
beemployed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawfuland immoral purpose, or knowing it to be likely
that such person will at any age be] employed or used forany such purpose,
shall be punished with imprisonment of either description for a term which may
extendto 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
otherwisedisposed of to a prostitute or to any person who keeps or manages a
brothel, the person so disposing of suchfemale shall, until the contrary is
proved, be presumed to have disposed of her with the intent that she shallbe
used for the purpose of prostitution.Explanation II.—For the purposes of this
section “illicit intercourse” means sexual intercourse betweenpersons not
united by marriage or by any union or tie which, though not amounting to a
marriage, isrecognised by the personal law or custom of the community to which
they belong or, where they belong todifferent communities, of both such
communities, as constituting between them a quasi-marital relation.]373. Buying
minor for purposes of prostitution, etc.—Whoever buys, hires or otherwise
obtainspossession of any 4[person under the age of eighteen years with intent
that such person shall at any age beemployed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawfuland
immoral purpose, or knowing it to be likely that such person will at any age
be] employed or used forany such purpose, shall be punished with imprisonment
of either description for a term which may extendto ten years, and shall also
be liable to fine.5[Explanation I.—Any prostitute or any person keeping or
managing a brothel, who buys, hires orotherwise obtains possession of a female
under the age of eighteen years shall, until the contrary is proved,1. Subs. by
Act 26 of 1955, s. 117 and the Sch., for “transportation for life”.2. Subs. by
Act 18 of 1924, s. 2, for certain words.3. Added by Act 18 of 1924, s. 34.
Subs. by s. 2, ibid., for certain words.5. Added by s. 4, ibid.90be presumed to
have obtained possession of such female with the intent that she shall be used
for the purposeof prostitution.Explanation II.—“Illicit intercourse” has the
same meaning as in section 372.]374. Unlawful compulsory labour.—Whoever
unlawfully compels any person to labour against thewill of that person, shall
be punished with imprisonment of either description for a term which may
extendto one year, or with fine, or with both.1[Sexual offences2[375. Rape.—A
man is said to commit “rape” if he—(a) penetrates his penis, to any extent,
into the vagina, mouth, urethra or anus of a woman or makesher to do so with
him or any other person; or(b) inserts, to any extent, any object or a part of
the body, not being the penis, into the vagina, theurethra or anus of a woman
or makes her to do so with him or any other person; or(c) manipulates any part
of the body of a woman so as to cause penetration into the vagina, urethra,anus
or any part of body of such woman or makes her to do so with him or any other
person; or(d) applies his mouth to the vagina, anus, urethra of a woman or
makes her to do so with him orany other person,under the circumstances falling
under any of the following seven descriptions:—First.—Against her
will.Secondly.—Without her consent.Thirdly.—With her consent, when her consent
has been obtained by putting her or any person inwhom she is interested, in
fear of death or of hurt.Fourthly.—With her consent, when the man knows that he
is not her husband and that her consentis given because she believes that he is
another man to whom she is or believes herself to be
lawfullymarried.Fifthly.—With her consent when, at the time of giving such
consent, by reason of unsoundness ofmind or intoxication or the administration
by him personally or through another of any stupefying orunwholesome substance,
she is unable to understand the nature and consequences of that to which
shegives consent.Sixthly.—With or without her consent, when she is under
eighteen years of age.Seventhly.—When she is unable to communicate
consent.Explanation 1.—For the purposes of this section, “vagina” shall also
include labia majora.Explanation 2.—Consent means an unequivocal voluntary
agreement when the woman by words,gestures or any form of verbal or non-verbal
communication, communicates willingness to participate inthe specific sexual
act:Provided that a woman who does not physically resist to the act of
penetration shall not by the reasononly of that fact, be regarded as consenting
to the sexual activity.Exception 1.—A medical procedure or intervention shall
not constitute rape.Exception 2.—Sexual intercourse or sexual acts by a man
with his own wife, the wife not being underfifteen years of age, is not
rape.376. Punishment for rape.—(1) Whoever, except in the cases provided for in
sub-section (2), commitsrape, shall be punished with rigorous imprisonment of
either description for a term which 3[shall not be lessthan ten years, but
which may extend to imprisonment for life, and shall also be liable to
fine].(2) Whoever,—1. Subs. by Act 43 of 1983, s. 3, for the heading “Of rape”
and ss. 375 and 376.2. Subs. by Act 13 of 2013, s. 9, for sections 375, 376,
376A, 376B, 376C and 376D (w.e.f. 03-02-2013).3. Subs. by Act 22 of 2018, s. 4,
for “shall not be less than seven years, but which may extend to imprisonment
for life, and shallalso be liable to fine” (w.e.f. 21-4-2018).91(a) being a
police officer, commits rape—(i) within the limits of the police station to
which such police officer is appointed; or(ii) in the premises of any station
house; or(iii) on a woman in such police officer's custody or in the custody of
a police officer subordinateto such police officer; or(b) being a public
servant, commits rape on a woman in such public servant's custody or in
thecustody of a public servant subordinate to such public servant; or(c) being
a member of the armed forces deployed in an area by the Central or a State
Governmentcommits rape in such area; or(d) being on the management or on the
staff of a jail, remand home or other place of custodyestablished by or under
any law for the time being in force or of a women's or children's institution,commits
rape on any inmate of such jail, remand home, place or institution; or(e) being
on the management or on the staff of a hospital, commits rape on a woman in
that hospital;or(f) being a relative, guardian or teacher of, or a person in a
position of trust or authority towards thewoman, commits rape on such woman;
or(g) commits rape during communal or sectarian violence; or(h) commits rape on
a woman knowing her to be pregnant; or1* * * * *(j) commits rape, on a woman
incapable of giving consent; or(k) being in a position of control or dominance
over a woman, commits rape on such woman; or(l) commits rape on a woman
suffering from mental or physical disability; or(m) while committing rape
causes grievous bodily harm or maims or disfigures or endangers thelife of a
woman; or(n) commits rape repeatedly on the same woman,shall be punished with
rigorous imprisonment for a term which shall not be less than ten years, but
whichmay extend to imprisonment for life, which shall mean imprisonment for the
remainder of that person'snatural life, and shall also be liable to
fine.Explanation.—For the purposes of this sub-section,—(a) “armed forces”
means the naval, military and air forces and includes any member of the
ArmedForces constituted under any law for the time being in force, including
the paramilitary forces and anyauxiliary forces that are under the control of
the Central Government or the State Government;(b) “hospital” means the
precincts of the hospital and includes the precincts of any institution forthe reception
and treatment of persons during convalescence or of persons requiring medical
attentionor rehabilitation;(c) “police officer” shall have the same meaning as
assigned to the expression “police” under thePolice Act, 1861 (5 of 1861);(d)
“women's or children's institution” means an institution, whether called an
orphanage or a homefor neglected women or children or a widow's home or an
institution called by any other name, whichis established and maintained for
the reception and care of women or children.2[(3) Whoever, commits rape on a
woman under sixteen years of age shall be punished withrigorous imprisonment
for a term which shall not be less than twenty years, but which may extend
toimprisonment for life, which shall mean imprisonment for the remainder of
that person's natural life,and shall also be liable to fine:1. Clause (i)
omitted by s. 4, ibid. (w.e.f. 21-4-2018).2. Ins. by Act 22 of 2018, s. 4
(w.e.f. 21-4-2018).92Provided that such fine shall be just and reasonable to
meet the medical expenses and rehabilitationof the victim:Provided further that
any fine imposed under this sub-section shall be paid to the victim.]376A.
Punishment for causing death or resulting in persistent vegetative state of
victim.—Whoever, commits an offence punishable under sub-section (1) or
sub-section (2) of section 376 and in thecourse of such commission inflicts an
injury which causes the death of the woman or causes the woman tobe in a
persistent vegetative state, shall be punished with rigorous imprisonment for a
term which shall notbe less than twenty years, but which may extend to
imprisonment for life, which shall mean imprisonmentfor the remainder of that
person's natural life, or with death.STATE AMENDMENTArunachal PradeshInsertion
of section 376AA.—After section 376A of the principal act, the following
section shallbe inserted, namely:-“376AA. Punishment for rape on a women up to
twelve years of age.—Whoever commits rape ona women up to twelve years of age
shall be punished with death, or rigorous imprisonment for a term whichshall
not be less than fourteen years but which may extend to imprisonment for life
which shall meanimprisonment for the remained of that person’s natural life,
and shall also be liable to fine.”.[Vide Arunachal Pradesh Act 3 of 2019, s.
8]Insertion of section 376DA.—After section 376D of the principal Act, the
following section shall beinserted namely:--“376D.Punishment for gang rape on a
woman twelve years of age.—Where a woman up to twelveyears of age, is raped by
one or more persons constituting a group of action in furtherance of a
commonintention, each of those persons shall be deemed to have committed the
offence of rape and shall bepunished with death, or rigorous imprisonment for a
term which shall not be less than twenty years, butwhich may extend to
imprisonment for life which shall mean imprisonment for the remainder of
thatperson’s natural life, and shall also be liable to fine:Provided that such
fine shall be just and reasonable to meet the medical expenses and
rehabilitation ofthe victim:Provided further that any fine imposed under this
section shall be paid to the victim.”.[Vide Arunachal Pradesh Act 3 of 2019, s.
9]1[376AB.Punishment for rape on woman under twelve years of age.—Whoever,
commits rape on awoman under twelve years of age shall be punished with
rigorous imprisonment for a term which shall notbe less than twenty years, but
which may extend to imprisonment for life, which shall mean imprisonmentfor the
remainder of that person's natural life, and with fine or with death:Provided
that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation ofthe victim:Provided further that any fine imposed under this
section shall be paid to the victim.]376B. Sexual intercourse by husband upon
his wife during separation.—Whoever has sexualintercourse with his own wife,
who is living separately, whether under a decree of separation or
otherwise,without her consent, shall be punished with imprisonment of either
description for a term which shall notbe less than two years but which may
extend to seven years, and shall also be liable to fine.Explanation.—In this
section, “sexual intercourse” shall mean any of the acts mentioned in clauses
(a)to (d) of section 375.376C. Sexual intercourse by a person in authority.—Whoever,
being—(a) in a position of authority or in a fiduciary relationship; or(b) a
public servant; or1. Ins. by s. 5, ibid., (w.e.f. 21-4-2018).93(c)
superintendent or manager of a jail, remand home or other place of custody
established by orunder any law for the time being in force, or a women's or
children's institution; or(d) on the management of a hospital or being on the
staff of a hospital,abuses such position or fiduciary relationship to induce or
seduce any woman either in his custody or underhis charge or present in the
premises to have sexual intercourse with him, such sexual intercourse
notamounting to the offence of rape, shall be punished with rigorous
imprisonment of either description for aterm which shall not be less than five
years, but which may extend to ten years, and shall also be liable
tofine.Explanation 1.—In this section, “sexual intercourse” shall mean any of
the acts mentioned inclauses (a) to (d) of section 375.Explanation 2.—For the
purposes of this section, Explanation 1 to section 375 shall also
beapplicable.Explanation 3.—“Superintendent”, in relation to a jail, remand
home or other place of custody ora women's or children’s institution, includes
a person holding any other office in such jail, remandhome, place or institution
by virtue of which such person can exercise any authority or control over
itsinmates.Explanation 4.—The expressions “hospital” and “women's or children’s
institution” shallrespectively have the same meaning as in Explanation to
sub-section (2) of section 376.376D. Gang rape.—Where a woman is raped by one
or more persons constituting a group or acting infurtherance of a common
intention, each of those persons shall be deemed to have committed the
offenceof rape and shall be punished with rigorous imprisonment for a term
which shall not be less than twentyyears, but which may extend to life which
shall mean imprisonment for the remainder of that person'snatural life, and
with fine:Provided that such fine shall be just and reasonable to meet the
medical expenses and rehabilitation ofthe victim:Provided further that any fine
imposed under this section shall be paid to the victim.1[376DA.Punishment for
gang rape on woman under sixteen years of age.—Where a woman undersixteen years
of age is raped by one or more persons constituting a group or acting in
furtherance of acommon intention, each of those persons shall be deemed to have
committed the offence of rape and shallbe punished with imprisonment for life,
which shall mean imprisonment for the remainder of that person'snatural life,
and with fine:Provided that such fine shall be just and reasonable to meet the
medical expenses and rehabilitation ofthe victim:Provided further that any fine
imposed under this section shall be paid to the victim.376DB.Punishment for
gang rape on woman under twelve years of age.—Where a woman undertwelve years
of age is raped by one or more persons constituting a group or acting in
furtherance of acommon intention, each of those persons shall be deemed to have
committed the offence of rape and shallbe punished with imprisonment for life,
which shall mean imprisonment for the remainder of that person'snatural life,
and with fine, or with death:Provided that such fine shall be just and
reasonable to meet the medical expenses and rehabilitation ofthe
victim:Provided further that any fine imposed under this section shall be paid
to the victim.]1. Ins. by Act 22 of 2018, s. 6 (w.e.f. 21-4-2018).94376E.
Punishment for repeat offenders.—Whoever has been previously convicted of an
offencepunishable under section 376 or section 376A or 1[section 376AB or
section 376D or section 376DA orsection 376DB,] and is subsequently convicted
of an offence punishable under any of the said sections shallbe punished with
imprisonment for life which shall mean imprisonment for the remainder of that
person'snatural life, or with death.]]STATE AMENDMENTChhattisgarhAfter Section
376E of the Penal Code, the following shall be inserted, namely: —376F.
Liability of person in-charge of workplace and others to give information about
offence. —Whoever, being person in-charge of any work place or any other person
present at such place, havingknowledge that an offence under section 376 or
section 376D, is being committed at such place and beingin a position to prevent
commission of such offence fails so, to prevent such offence or to give
informationof the commission of such offence, to any magistrate or police
officer, by any mode, with the intention ofscreening the offender from legal
punishment, shall be liable to be punished for abetment of such offencewith
imprisonment of either description which may extend to three years and fine and
no such person shallincur any liability for giving such
information.Explanation:—Work-place includes any mode of transport owned, hired
or otherwise engaged by theperson in-charge of the work place for the
conveyance of the woman, who was subjected to such offence,to and from her
residence to such work-place.[Vide Chhattisgarh Act 25 of 2015, s. 5].Of
Unnatural Offences377. Unnatural offences.—Whoever voluntarily has carnal
intercourse against the order of nature withany man, woman or animal, shall be
punished with 2[imprisonment for life], or with imprisonment of
eitherdescription 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 offencedescribed in this section.CHAPTER XVIIOF
OFFENCESAGAINST PROPERTYOf Theft378. Theft.—Whoever, intending to take
dishonestly any movable property out of the possession ofany person without
that person's consent, moves that property in order to such taking, is said to
committheft.Explanation 1.—A thing so long as it is attached to the earth, not
being movable property, is not thesubject of theft; but it becomes capable of
being the subject of theft as soon as it is severed from the earth.Explanation
2.—A moving effected by the same act which effects the severance may be a
theft.Explanation 3.—A person is said to cause a thing to move by removing an
obstacle which prevented itfrom 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 giveneither by the person in possession, or by any person
having for that purpose authority either express orimplied.Illustrations(a) A
cuts down a tree on Z's ground, with the intention of dishonestly taking the
tree out of Z's possession without Z's consent.Here, as soon as A has severed
the tree in order to such taking, he has committed theft.(b) A puts a bait for
dogs in his pocket, and thus induces Z's dog to follow it. Here, if A's
intention be dishonestly to take thedog out of Z's possession without Z's
consent, A has committed theft as soon as Z's dog has begun to follow A.1.
Subs. by Act 22 of 2018, s. 7, for “section 376D” (w.e.f. 21-4-2018).2. Subs.
by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f.
1-1-1956).95(c) A meets a bullock carrying a box of treasure. He drives the
bullock in a certain direction, in order that he may dishonestlytake the
treasure. As soon as the bullock begins to move, A has committed theft of the
treasure.(d) A being Z's servant, and entrusted by Z with the care of Z's
plate, dishonestly runs away with the plate, without Z's consent.A has
committed theft.(e) Z, going on a journey, entrusts his plate to A, the keeper
of a warehouse, till Z shall return. A carries the plate to a goldsmithand
sells it. Here the plate was not in Z's possession. It could not therefore be
taken out of Z's possession, and A has not committedtheft, though he may have
committed criminal breach of trust.(f) A finds a ring belonging to Z on a table
in the house which Z occupies. Here the ring is in Z's possession, and if A
dishonestlyremoves it, A commits theft.(g) A finds a ring lying on the
highroad, not in the possession of any person. A, by taking it, commits no
theft, though he maycommit criminal misappropriation of property.(h) A sees a
ring belonging to Z lying on a table in Z's house. Not venturing to
misappropriate the ring immediately for fearof search and detection, A hides
the ring in a place where it is highly improbable that it will ever be found by
Z, with the intentionof taking the ring from the hiding place and selling it
when the loss is forgotten. Here A, at the time of first moving the
ring,commits theft.(i) A delivers his watch to Z, a jeweller, to be regulated.
Z carries it to his shop. A, not owing to the jeweller any debt forwhich the
jeweller might lawfully detain the watch as a security, enters the shop openly,
takes his watch by force out of Z's hand,and carries it away. Here A, though he
may have committed criminal trespass and assault, has not committed theft,
inasmuch aswhat he did was not done dishonestly.(j) If A owes money to Z for
repairing the watch, and if Z retains the watch lawfully as a security for the
debt, and A takes thewatch out of Z's possession, with the intention of
depriving Z of the property as a security for his debt, he commits theft,
inasmuchas he takes it dishonestly.(k) Again, if A, having pawned his watch to
Z, takes it out of Z's possession without Z's consent, not having paid what
heborrowed on the watch, he commits theft, though the watch is his own property
inasmuch as he takes it dishonestly.(l) A takes an article belonging to Z out
of Z's possession without Z's consent, with the intention of keeping it until
he obtainsmoney from Z as a reward for its restoration. Here A takes
dishonestly; A has therefor committed theft.(m) A, being on friendly terms with
Z, goes into Z's library in Z's absence, and takes away a book without Z's
express consentfor the purpose merely of reading it, and with the intention of
returning it. Here, it is probable that A may have conceived that hehad Z's
implied consent to use Z's book. If this was A's impression, A has not
committed theft.(n) A asks charity from Z's wife. She gives A money, food and
clothes, which A knows to belong to Z her husband. Here it isprobable that A
may conceive that Z's wife is authorised to give away alms. If this was A's impression,
A has not committed theft.(o) A is the paramour of Z's wife. She gives a
valuable property, which A knows to belong to her husband Z, and to be
suchproperty as she has not authority from Z to give. If A takes the property
dishonestly, he commits theft.(p) A, in good faith, believing property
belonging to Z to be A's own property, takes that property out of B's
possession. Here,as A does not take dishonestly, he does not commit theft.379.
Punishment for theft.—Whoever commits theft shall be punished with imprisonment
of eitherdescription for a term which may extend to three years, or with fine,
or with both.STATE AMENDMENTGujarat.—In the Indian Penal Code, 1860 (XLV of
1860), after section 379, the following sections shall beinserted,
namely:—379A. Snatching.—(1) Whoever, with the intention to commit theft,
suddenly or quickly or forciblyseizes or secures or grabs or takes away fro
many person or from his physical possession any moveableproperty, and makes or
attempt to make escape with such property, is said to commit snatching.(2)
Whoever attempts to commit snatching shall be punished with rigorous
imprisonment for a termwhich shall not be less than five years but which may
extend to ten years, and with fine which mayextend to twenty-five thousand rupees.(3)
Whoever commits snatching shall be punished with rigorous imprisonment for a
term which shallnot be less than seven years but which may extend to ten years,
and with fine which may extend totwenty-five thousand rupees.(4) Whoever, after
committing or attempting to commit snatching, causes hurt or wrongful
restraintof fear of hurt, in order to effect his escape shall be punished with
rigorous imprisonment for a termwhich may extend to three years, in addition to
the punishment provided for the offence of snatching by96the preceding
sub-sections.379B.Snatching after preparation made for causing death, hurt or
restraint in order to thecommitting of snatching.—Whoever commits or attempts
to commit snatching, having made preparationfor causing death, or hurt, or
restraint, or fear of death, or of hurt, or of restraint, to any person, in
order tothe committing of such snatching, or in order to the retaining of
property taken by such snatching, shall bepunished with rigorous imprisonment
for a term which shall not be less than seven years but which mayextend to ten
years, and with fine which may extend to twenty-five thousand rupees.[Vide
Gujarat Act 6 of 2019, s. 2]380. Theft in dwelling house, etc.—Whoever commits
theft in any building, tent or vessel, whichbuilding, tent or vessel is used as
a human dwelling, or used for the custody of property, shall be punishedwith
imprisonment of either description for a term which may extend to seven years,
and shall also be liableto fine.381. Theft by clerk or servant of property in
possession of master.—Whoever, being a clerk orservant, or being employed in
the capacity of a clerk or servant, commits theft in respect of any property
inthe possession of his master or employer, shall be punished with imprisonment
of either description for aterm which may extend to seven years, and shall also
be liable to fine.382. Theft after preparation made for causing death, hurt or
restraint in order to the committingof the theft.—Whoever commits theft, having
made preparation for causing death, or hurt, or restraint, orfear of death, or
of hurt, or of restraint, to any person, in order to the committing of such
theft, or in orderto the effecting of his escape after the committing of such
theft, or in order to the retaining of property takenby such theft, shall be
punished with rigorous imprisonment for a term which may extend to ten years,
andshall also be liable to fine.Illustrations(a) A commits theft on property in
Z's possession; and while committing this theft, he has a loaded pistol under
his garment,having provided this pistol for the purpose of hurting Z in case Z
should resist. A has committed the offence defined in this section.(b) A picks
Z's pocket, having posted several of his companions near him, in order that
they may restrain Z, if Z shouldperceive what is passing and should resist, or
should attempt to apprehend A. A has committed the offence defined in this
section.STATE AMENDMENTTripuraAfter the section 382 of the Indian Penal Code,
the following new sections will be inserted: —“382A. Snatching: Whoever commits
theft stealthily from a person or through assault or by usingcriminal force and
thereby causes hurt or endangers the life of that person is said to commit the
offence of‘Snatching’.382B. Whoever commits ‘Snatching’ shall be punished with
imprisonment for a term which shall notbe less than seven years but may extend
to a term of ten years or with fine or with both.382C. Vehicle lifting: Whoever
commits theft of a ‘vehicle’ either from open or close arena, is said tocommit
the offence of ‘vehicle lifting’.Note:-- The term ‘Vehicle’ shall have the same
meaning as defined in sub-section 28 of section 2 ofMotor Vehicles Act
1988:,382D. Whoever commits the offence of ‘vehicle lifting’ shall be punished
with imprisonment for a termwhich shall not be less than seven years but may
extend to a term of ten years or with fine or with both”.382E. Cattle lifting:
Whoever commits theft of a ‘Cattle’ either from open or close arena, is said
tocommit the offence of ‘Cattle lifting’.Note:- For the purpose of this
section, the term ‘Cattle’ means a cow and a calf, whether male or female,bull,
bullock, buffalo-male or female or calf of she-buffalo, whether male or female
and an ox or oxen.382F. Whoever commits the offence of ‘Cattle lifting’ shall
be punished with imprisonment for a termwhich shall not be less than seven
years but may extend to a term of tem years or with fine or with both.”[Vide
Tripura Act 4 of 2019, s. 2]97Of Extortion383. Extortion.—Whoever intentionally
puts any person in fear of any injury to that person, or to anyother, and
thereby dishonestly induces the person so put in fear to deliver to any person
any property, orvaluable security or anything signed or sealed which may be
converted into a valuable security, commits“extortion”.Illustrations(a) A
threatens to publish a defamatory libel concerning Z unless Z gives him money.
He thus induces Z to give him money.A has committed extortion.(b) A threatens Z
that he will keep Z's child in wrongful confinement, unless Z will sign and
deliver to A a promissory notebinding Z to pay certain monies to A. Z sings and
delivers the note. A has committed extortion.(c) A threatens to send club-men
to plough up Z's field unless Z will sign and deliver to B a bond binding Z
under a penaltyto deliver certain produce to B, and thereby induces Z to sign
and deliver the bond. A has committed extortion.(d) A, by putting Z in fear of
grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper
and deliver it to A.Z sings and delivers the paper to A. Here, as the paper so
signed may be converted into a valuable security. A has committedextortion.384.
Punishment for extortion.—Whoever commits extortion shall be punished with
imprisonmentof either description for a term which may extend to three years,
or with fine, or with both.385. Putting person in fear of injury in order to
commit extortion.—Whoever, in order to thecommitting of extortion, puts any
person in fear, or attempts to put any person in fear, of any injury, shallbe
punished with imprisonment of either description for a term which may extend to
two years, or withfine, or with both.386. Extortion by putting a person in fear
of death or grievous hurt.—Whoever commits extortionby putting any person in
fear of death or of grievous hurt to that person or to any other, shall be
punishedwith imprisonment of either description for a term which may extend to
ten years, and shall also be liableto fine.387. Putting person in fear of death
or of grievous hurt, in order to commit extortion.—Whoever,in order to the
committing of extortion, puts or attempts to put any person in fear of death or
of grievoushurt to that person or to any other, shall be punished with
imprisonment of either description for a termwhich may extend to seven years,
and shall also be liable to fine.388. Extortion by threat of accusation of an
offence punishable with death or imprisonment forlife, etc.—Whoever commits
extortion by putting any person in fear of an accusation against that person
orany other, of having committed or attempted to commit any offence punishable
with death, or with1[imprisonment for life], or with imprisonment for a term
which may extend to ten years, or of havingattempted to induce any other person
to commit such offence, shall be punished with imprisonment of
eitherdescription for a term which may extend to ten years, and shall also be
liable to fine; and, if the offence beone 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.—Whoever, inorder to the
committing of extortion, puts or attempts to put any person in fear of an
accusation, against thatperson or any other, of having committed, or attempted
to commit, an offence punishable with death orwith 1[imprisonment for life], or
with imprisonment for a term which may extend to ten years, shall bepunished
with imprisonment of either description for a term which may extend to ten
years, and shall alsobe liable to fine; and, if the offence be punishable under
section 377 of this Code, may be punished with1[imprisonment for life].Of
Robbery and Dacoity390. Robbery.—In all robbery there is either theft or
extortion.1.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation
for life” (w.e.f. 1-1-1956).98When theft is robbery.—Theft is “robbery” if, in
order to the committing of the theft, or in committingthe theft, or in carrying
away or attempting to carry away property obtained by the theft, the offender,
forthat end voluntarily causes or attempts to cause to any person death or hurt
or wrongful restraint, or fear ofinstant death or of instant hurt, or of
instant wrongful restraint.When extortion is robbery.—Extortion is “robbery” if
the offender, at the time of committing theextortion, is in the presence of the
person put in fear, and commits the extortion by putting that person infear 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 fearof instant death, of instant hurt, or of instant wrongful restraint.Illustrations(a)
A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes,
without Z's consent. Here A has committedtheft, and, in order to the committing
of that theft, has voluntarily caused wrongful restraint to Z. A has therefore
committedrobbery.(b) A meets Z on the high road, shows a pistol, and demands
Z's purse. Z, in consequence, surrenders his purse. Here A hasextorted the
purse from Z by putting him in fear of instant hurt, and being at the time of
committing the extortion in his presence.A has therefore committed robbery.(c)
A meets Z and Z's child on the high road. A takes the child, and threatens to
filing it down a precipice, unless Z delivershis purse. Z, in consequence,
delivers his purse. Here A has extorted the purse from Z, by causing Z to be in
fear of instant hurt tothe child who is there present. A has therefore
committed robbery on Z.(d) A obtains property from Z by saying “Your child is
in the hands of my gang, and will be put to death unless you send usten thousand
rupees”. This is extortion, and punishable as such: but it is not robbery,
unless Z is put in fear of the instant death ofhis child.391. Dacoity.—When
five or more persons conjointly commit or attempt to commit a robbery, or
wherethe whole number of persons conjointly committing or attempting to commit
a robbery, and persons presentand aiding such commission or attempt, amount to
five or more, every person so committing, attempting oraiding, is said to
commit “dacoity”.392. Punishment for robbery.—Whoever commits robbery shall be
punished with rigorousimprisonment for a term which may extend to ten years,
and shall also be liable to fine; and, if the robberybe committed on the
highway between sunset and sunrise, the imprisonment may be extended to fourteenyears.393.
Attempt to commit robbery.—Whoever attempts to commit robbery shall be punished
withrigorous imprisonment for a term which may extend to seven years, and shall
also be liable to fine.394. Voluntarily causing hurt in committing robbery.—If any
person, in committing or inattempting to commit robbery, voluntarily causes
hurt, such person, and any other person jointly concernedin committing or
attempting to commit such robbery, shall be punished with 1[imprisonment for
life], orwith rigorous imprisonment for a term which may extend to ten years,
and shall also be liable to fine.395. Punishment for dacoity.—Whoever commits
dacoity shall be punished with 1[imprisonment forlife], or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
tofine.396. Dacoity with murder.—If any one of five or more persons, who are
conjointly committingdacoity, commits murder in so committing dacoity, every
one of those persons shall be punished with death,or 1[imprisonment for life],
or rigorous imprisonment for a term which may extend to ten years, and
shallalso be liable to fine.397. Robbery, or dacoity, with attempt to cause
death or grievous hurt.—If, at the time ofcommitting robbery or dacoity, the
offender uses any deadly weapon, or causes grievous hurt to any person,1. Subs.
by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f.
1-1-1956).99or attempts to cause death or grievous hurt to any person, the
imprisonment with which such offender shallbe punished shall not be less than
seven years.398. Attempt to commit robbery or dacoity when armed with deadly
weapon.—If, at the time ofattempting to commit robbery or dacoity, the offender
is armed with any deadly weapon, the imprisonmentwith which such offender shall
be punished shall not be less than seven years.399. Making preparation to
commit dacoity.—Whoever makes any preparation for committingdacoity, shall be
punished with rigorous imprisonment for a term which may extend to ten years,
and shallalso be liable to fine.400. Punishment for belonging to gang of
dacoits.—Whoever, at any time after the passing of thisAct, shall belong to a
gang of persons associated for the purpose of habitually committing dacoity,
shall bepunished with 1[imprisonment for life], or with rigorous imprisonment
for a term which may extend to tenyears, and shall also be liable to fine.401.
Punishment for belonging to gang of thieves.—Whoever, at any time after the
passing of thisAct, shall belong to any wandering or other gang of persons
associated for the purpose of habituallycommitting theft or robbery, and not
being a gang of thugs or dacoits, shall be punished with rigorousimprisonment
for a term which may extend to seven years, and shall also be liable to
fine.402. Assembling for purpose of committing dacoity.—Whoever, at any time
after the passing of thisAct, shall be one of five or more persons assembled
for the purpose of committing dacoity, shall be punishedwith rigorous
imprisonment for a term which may extend to seven years, and shall also be
liable to fine.Of Criminal Misappropriation of Property403. Dishonest
misappropriation of property.—Whoever dishonestly misappropriates or converts
tohis own use any movable property, shall be punished with imprisonment of
either description for a termwhich may extend to two years, or with fine, or
with both.Illustrations(a) A takes property belonging to Z out of Z's
possession, in good faith believing at the time when he takes it, that the
propertybelongs to himself. A is not guilty of theft; but if A, after
discovering his mistake, dishonestly appropriates the property to his ownuse,
he is guilty of an offence under this section.(b) A, being on friendly terms
with Z, goes into Z's library in Z's absence, and takes away a book without Z's
express consent.Here, if A was under the impression that he had Z's implied
consent to take the book for the purpose of reading it, A has notcommitted
theft. But, if A afterwards sells the book for his own benefit, he is guilty of
an offence under this section.(c) A and B, being, joint owners of a horse, A
takes the horse out of B's possession, intending to use it. Here, as A has a
rightto use the horse, he does not dishonestly misappropriate it. But, if A
sells the horse and appropriates the whole proceeds to his ownuse, he is guilty
of an offence under this section.Explanation 1.—A dishonest misappropriation
for a time only is a misappropriation with the meaningof this
section.IllustrationA 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 thissection.Explanation 2.—A person who
finds property not in the possession of any other person, and takes
suchproperty for the purpose of protecting it for, or of restoring it to, the
owner, does not take or misappropriateit dishonestly, and is not guilty of an
offence; but he is guilty of the offence above defined, if he appropriatesit to
his own use, when he knows or has the means of discovering the owner, or before
he has usedreasonable means to discover and give notice to the owner and has
kept the property a reasonable time toenable 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 particularperson is the owner of it; it is sufficient if,
at the time of appropriating it, he does not believe it to be hisown property,
or in good faith believe that the real owner cannot be
found.100Illustrations(a) A finds a rupee on the high road, not knowing to whom
the rupee belongs, A picks up the rupee. Here A has not committedthe offence
defined in this section.(b) A finds a letter on the road, containing a bank
note. From the direction and contents of the letter he learns to whom thenote
belongs. He appropriates the note. He is guilty of an offence under this
section.(c) A finds a cheque payable to bearer. He can form no conjecture as to
the person who has lost the cheque. But the name ofthe person, who has drawn
the cheque, appears. A knows that this person can direct him to the person in
whose favour the chequewas drawn. A appropriates the cheque without attempting
to discover the owner. He is guilty of an offence under this section.(d) A sees
Z drop his purse with money in it. A picks up the purse with the intention of
restoring it to Z, but afterwardsappropriates it to his own use. A has
committed an offence under this section.(e) A finds a purse with money, not
knowing to whom it belongs; he afterwards discovers that it belongs to Z, and
appropriatesit to his own use. A is guilty of an offence under this section.(f)
A finds a valuable ring, not knowing to whom it belongs. A sells it immediately
without attempting to discover the owner.A is guilty of an offence under this
section.404. Dishonest misappropriation of property possessed by deceased
person at the time of hisdeath.—Whoever dishonestly misappropriates or converts
to his own use property, knowing that suchproperty was in the possession of a
deceased person at the time of that person's decease, and has not sincebeen in
the possession of any person legally entitled to such possession, shall be
punished withimprisonment of either description for a term which may extend to
three years, and shall also be liable tofine, and if the offender at the time
of such person's decease was employed by him as a clerk or servant, theimprisonment
may extend to seven years.IllustrationZ dies in possession of furniture and
money. His servant A, before the money comes into the possession of any person
entitledto such possession, dishonestly misappropriates it. A has committed the
offence defined in this section.Of Criminal Breach of Trust405. Criminal breach
of trust.—Whoever, being in any manner entrusted with property, or with
anydominion over property, dishonestly misappropriates or converts to his own
use that property, ordishonestly uses or disposes of that property in violation
of any direction of law prescribing the mode inwhich such trust is to be
discharged, or of any legal contract, express or implied, which he has
madetouching the discharge of such trust, or wilfully suffers any other person
so to do, commits “criminal breachof trust”.1[2[Explanation 1].—A person, being
an employer 3[of an establishment whether exempted undersection 17 of the
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952)
or not]who deducts the employee’s contribution from the wages payable to the
employee for credit to a ProvidentFund or Family Pension Fund established by
any law for the time being in force, shall be deemed to havebeen entrusted with
the amount of the contribution so deducted by him and if he makes default in
thepayment of such contribution to the said Fund in violation of the said law,
shall be deemed to havedishonestly 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 thewages payable to
the employee for credit to the Employees’ State Insurance Fund held and
administeredby 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 byhim and if he makes
default in the payment of such contribution to the said Fund in violation of
the saidAct, shall be deemed to have dishonestly used the amount of the said
contribution in violation of a directionof law as aforesaid.]Illustrations(a)
A, being executor to the will of a deceased person, dishonestly disobeys the
law which directs him to divide the effectsaccording to the will, and
appropriates them to his own use. A has committed criminal breach of trust.1.
Ins. by Act 40 of 1973, s. 9 (w.e.f. 1-11-1973).2. Explanation numbered as
Explanation 1 by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975).3. Ins. by Act 33 of
1988, s. 27 (w.e.f. 1-8-1988).4. Ins. by Act 38 of 1975, s. 9 (w.e.f.
1-9-1975).101(b) A is a warehouse-keeper. Z going on a journey, entrusts his
furniture to A, under a contract that it shall be returned onpayment of a
stipulated sum for warehouse room. A dishonestly sells the goods. A has
committed criminal breach of trust.(c) A, residing in Calcutta, is agent for Z,
residing at Delhi. There is an express or implied contract between A and Z,
that allsums remitted by Z to A shall be invested by A, according to Z's
direction. Z remits a lakh of rupees to A, with directions to A toinvest the
same in Company's paper. A dishonestly disobeys the directions and employs the
money in his own business. A hascommitted criminal breach of trust.(d) But if
A, in the last illustration, not dishonestly but in good faith, believing that
it will be more for Z's advantage to holdshares in the Bank of Bengal, disobeys
Z's directions, and buys shares in the Bank of Bengal, for Z, instead of buying
Company'spaper, here, thought Z should suffer loss, and should be entitled to
bring a civil action against A, on account of that loss, yet A, nothaving acted
dishonestly, has not committed criminal breach of trust.(e) A, a
revenue-officer, is entrusted with public money and is either directed by law,
or bound by a contract, express orimplied, with the Government, to pay into a
certain treasury all the public money which he holds. A dishonestly
appropriates themoney. A has committed criminal breach of trust.(f) A, a
carrier, is entrusted by Z with property to be carried by land or by water. A
dishonestly misappropriates the property.A has committed criminal breach of
trust.406. Punishment for criminal breach of trust.—Whoever commits criminal
breach of trust shall bepunished with imprisonment of either description for a
term which may extend to three years, or with fine,or with both.407. Criminal
breach of trust by carrier, etc.—Whoever, being entrusted with property as a
carrier,wharfinger or warehouse-keeper, commits criminal breach of trust in
respect of such property, shall bepunished with imprisonment of either
description for a term which may extend to seven years, and shallalso be liable
to fine.408. Criminal breach of trust by clerk or servant.—Whoever, being a
clerk or servant or employedas a clerk or servant, and being in any manner
entrusted in such capacity with property, or with anydominion over property,
commits criminal breach of trust in respect of that property, shall be punished
withimprisonment of either description for a term which may extend to seven
years, and shall also be liable tofine.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 publicservant
or in the way of his business as a banker, merchant, factor, broker, attorney
or agent, commitscriminal breach of trust in respect of that property, shall be
punished with 1[imprisonment for life], or withimprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.Of the Receiving of Stolen Property410. Stolen property.—Property, the
possession whereof has been transferred by theft, or by extortion,or by
robbery, and property which has been criminally misappropriated or in respect
of which2***3***criminal breach of trust has been committed, is designated as
“stolen property”,4[whether thetransfer has been made, or the misappropriation
or breach of trust has been committed, within or without5[India]]. But, if such
property subsequently comes into the possession of a person legally entitled to
thepossession thereof, it then ceases to be stolen property.411. Dishonestly
receiving stolen property.—Whoever dishonestly receives or retains any stolenproperty,
knowing or having reason to believe the same to be stolen property, shall be
punished withimprisonment of either description for a term which may extend to
three years, or with fine, or with both.412. Dishonestly receiving property
stolen in the commission of a dacoity.—Whoever dishonestlyreceives or retains
any stolen property, the possession whereof he knows or has reason to believe
to havebeen transferred by the commission of dacoity, or dishonestly receives
from a person, whom he knows orhas reason to believe to belong or to have
belonged to a gang of dacoits, property which he knows or has1. Subs. by Act 26
of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f.
1-1-1956).2. The word “the” rep by Act 12 of 1891, s. 2 and the First Sch.3.
The words “offence of” rep by Act 8 of1882, s. 9.4. Ins. by s. 9, ibid.5. The
words “British India” have successively been subs. by the A. O. 1948, the A. O.
1950 and Act 3 of 1951, s. 3 and the Sch.,to read as above.102reason to believe
to have been stolen, shall be punished with 1[imprisonment for life], or with
rigorousimprisonment for a term which may extend to ten years, and shall also
be liable to fine.413. Habitually dealing in stolen property.—Whoever
habitually receives or deals in property whichhe knows or has reason to believe
to be stolen property, shall be punished with 1[imprisonment for life], orwith
imprisonment of either description for a term which may extend to ten years,
and shall also be liableto fine.414. Assisting in concealment of stolen
property.—Whoever voluntarily assists in concealing ordisposing of or making
away with property which he knows or has reason to believe to be stolen
property,shall be punished with imprisonment of either description for a term
which may extend to three years, orwith fine, or with both.Of Cheating415.
Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces
the person sodeceived to deliver any property to any person, or to consent that
any person shall retain any property, orintentionally induces the person so
deceived to do or omit to do anything which he would not do or omit ifhe were
not so deceived, and which act or omission causes or is likely to cause damage
or harm to thatperson in body, mind, reputation or property, is said to
“cheat”.Explanation.—A dishonest concealment of facts is a deception within the
meaning of this section.Illustrations(a) A, by falsely pretending to be in the
Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let
him haveon credit goods for which he does not mean to pay. A cheats.(b) A, by
putting a counterfeit mark on an article, intentionally deceives Z into a
belief that this article was made by a certaincelebrated manufacturer, and thus
dishonestly induces Z to buy and pay for the article. A cheats.(c) A, by
exhibiting to Z a false sample of an article intentionally deceives Z into
believing that the article corresponds withthe sample, and thereby dishonestly
induces Z to buy and pay for the article. A cheats.(d) A, by tendering in
payment for an article a bill on a house with which A keeps no money, and by
which A expects that thebill will be dishonoured, intentionally deceives Z, and
thereby dishonestly induces Z to deliver the article, intending not to pay
forit. A cheats.(e) A, by pledging as diamond articles which he knows are not
diamonds, intentionally deceives Z, and thereby dishonestlyinduces Z to lend
money. A cheats.(f) A Intentionally deceives Z into a belief that A means to
repay any money that Z may lend to him and thereby dishonestlyinduces Z to lend
him money, A not intending to repay it. A cheats.(g) A intentionally deceives Z
into a belief that A means to deliver to Z a certain quantity of indigo plant
which he does notintend to deliver, and thereby dishonestly induces Z to
advance money upon the faith of such delivery. A cheats; but if A, at thetime
of obtaining the money, intends to deliver the indigo plant, and afterwards
breaks his contract and does not deliver it, he doesnot cheat, but is liable
only to a civil action for breach of contract.(h) A intentionally deceives Z
into a belief that A has performed A's part of a contract made with Z, which he
has notperformed, and thereby dishonestly induces Z to pay money. A cheats.(i)
A sells and conveys an estate to B. A, knowing that in consequence of such sale
he has no right to the property, sells ormortgages the same to Z, without
disclosing the fact of the previous sale and conveyance to B, and receives the
purchase ormortgage money from Z. A cheats.416. Cheating by personation.—A
person is said to “cheat by personation” if he cheats by pretendingto be some
other person, or by knowingly substituting one person for or another, or
representing that he orany 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 imaginaryperson.Illustrations(a) A cheats by pretending
to be a certain rich banker of the same name. A cheats by personation.(b) A
cheats by pretending to be B, a person who is deceased. A cheats by
personation.1. Subs. by Act 26 of 1955, s. 117 and the Sch., for
“transportation for life” (w.e.f. 1-1-1956).103417. Punishment for
cheating.—Whoever cheats shall be punished with imprisonment of eitherdescription
for a term which may extend to one year, or with fine, or with both.418.
Cheating with knowledge that wrongful loss may ensue to person whose interest
offender isbound to protect.—Whoever cheats with the knowledge that he is
likely thereby to cause wrongful loss toa person whose interest in the
transaction to which the cheating relates, he was bound, either by law, or bya
legal contract, to protect, shall be punished with imprisonment of either
description for a term which mayextend to three years, or with fine, or with
both.419. Punishment for cheating by personation.—Whoever cheats by personation
shall be punishedwith imprisonment of either description for a term which may
extend to three years, or with fine, or withboth.420. Cheating and dishonestly
inducing delivery of property.—Whoever cheats and therebydishonestly induces
the person deceived to deliver any property to any person, or to make, alter or
destroythe whole or any part of a valuable security, or anything which is
signed or sealed, and which is capable ofbeing converted into a valuable
security, shall be punished with imprisonment of either description for aterm
which may extend to seven years, and shall also be liable to fine.Of Fraudulent
Deeds and Dispositions of Property421. Dishonest or fraudulent removal or
concealment of property to prevent distribution amongcreditors.—Whoever
dishonestly or fraudulently removes, conceals or delivers to any person, or
transfersor causes to be transferred to any person, without adequate
consideration, any property, intending therebyto prevent, or knowing it to be
likely that he will thereby prevent, the distribution of that property
accordingto law among his creditors or the creditors of any other person, shall
be punished with imprisonment ofeither description for a term which may extend
to two years, or with fine, or with both.422. Dishonestly or fraudulently
preventing debt being available for creditors.—Whoeverdishonestly or
fraudulently prevents any debt or demand due to himself or to any other person from
beingmade available according to law for payment of his debts or the debts of
such other person, shall be punishedwith imprisonment of either description for
a term which may extend to two years, or with fine, or withboth.423. Dishonest
or fraudulent execution of deed of transfer containing false statement
ofconsideration.—Whoever dishonestly or fraudulently signs, executes or becomes
a party to any deed orinstrument which purports to transfer or subject to any
charge any property, or any interest therein, andwhich contains any false
statement relating to the consideration for such transfer or charge, or
relating tothe person or persons for whose use or benefit it is really intended
to operate, shall be punished withimprisonment of either description for a term
which may extend to two years, or with fine, or with both.424. Dishonest or
fraudulent removal or concealment of property.—Whoever dishonestly
orfraudulently conceals or removes any property of himself or any other person,
or dishonestly or fraudulentlyassists in the concealment or removal thereof, or
dishonestly releases any demand or claim to which he isentitled, shall be
punished with imprisonment of either description for a term which may extend to
twoyears, or with fine, or with both.Of Mischief425. Mischief.—Whoever with
intent to cause, or knowing that he is likely to cause, wrongful loss ordamage
to the public or to any person, causes the destruction of any property, or any
such change in anyproperty 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 causeloss or damage to the owner of the property
injured or destroyed. It is sufficient if he intends to cause, orknows that he
is likely to cause, wrongful loss or damage to any person by injuring any
property, whetherit belongs to that person or not.Explanation 2.—Mischief may
be committed by an act affecting property belonging to the person whocommits
the act, or to that person and others jointly.Illustrations104(a) A voluntarily
burns a valuable security belonging to Z intending to cause wrongful loss to Z.
A has committed mischief.(b) A introduces water in to an ice-house belonging to
Z and thus causes the ice to melt, intending wrongful loss to Z. A hascommitted
mischief.(c) A voluntarily throws into a river a ring belonging to Z, with the
intention of thereby causing wrongful loss to Z. A hascommitted mischief.(d) A,
knowing that his effects are about to be taken in execution in order to satisfy
a debt due from him to Z, destroys thoseeffects, with the intention of thereby
preventing Z from obtaining satisfaction of the debt, and of thus causing
damage to Z. A hascommitted mischief.(e) A having insured a ship, voluntarily
causes the same to be cast away, with the intention of causing damage to
theunderwriters. A has committed mischief.(f) A causes a ship to be cast away,
intending thereby to cause damage to Z who has lent money on bottomry on the
ship. Ahas committed mischief.(g) A, having joint property with Z in a horse,
shoots the horse, intending thereby to cause wrongful loss to Z. A has
committedmischief.(h) A causes cattle to enter upon a field belonging to Z,
intending to cause and knowing that he is likely to cause damage toZ's crop. A
has committed mischief.426. Punishment for mischief.—Whoever commits mischief
shall be punished with imprisonment ofeither description for a term which may
extend to three months, or with fine, or with both.427. Mischief causing damage
to the amount of fifty rupees.—Whoever commits mischief andthereby causes loss
or damage to the amount of fifty rupees or upwards, shall be punished
withimprisonment of either description for a term which may extend to two
years, or with fine, or with both.428. Mischief by killing or maiming animal of
the value of ten rupees.—Whoever commits mischiefby killing, poisoning, maiming
or rendering useless any animal or animals of the value of the ten rupees
orupwards, shall be punished with imprisonment of either description for a term
which may extend to twoyears, or with fine, or with both.429. Mischief by
killing or maiming cattle, etc., of any value or any animal of the value of
fiftyrupees.—Whoever commits mischief by killing, poisoning, maiming or
rendering useless, any elephant,camel, horse, mule, buffalo, bull, cow or ox,
whatever may be the value thereof, or any other animal of thevalue of fifty
rupees or upwards, shall be punished with imprisonment of either description
for a term whichmay extend to five years, or with fine, or with both.430.
Mischief by injury to works of irrigation or by wrongfully diverting
water.—Whoevercommits mischief by doing any act which causes, or which he knows
to be likely to cause, a diminution ofthe supply of water for agricultural
purposes, or for food or drink for human beings or for animals whichare
property, or for cleanliness or for carrying on any manufacture, shall be
punished with imprisonment ofeither description for a term which may extend to
five years, or with fine, or with both.431. Mischief by injury to public road,
bridge, river or channel.—Whoever commits mischief bydoing any act which
renders or which he knows to be likely to render any public road, bridge,
navigableriver or navigable channel, natural or artificial, impassable or less
safe for travelling or conveying property,shall be punished with imprisonment
of either description for a term which may extend to five years, orwith fine,
or with both.432. Mischief by causing inundation or obstruction to public
drainage attended with damage.—Whoever commits mischief by doing any act which
causes or which he knows to be likely to cause aninundation or an obstruction
to any public drainage attended with injury or damage, shall be punished
withimprisonment of either description for a term which may extend to five
years, or with fine, or with both.433. Mischief by destroying, moving or
rendering less useful a light-house or sea-mark.—Whoever commits mischief by
destroying or moving any light-house or other light used as a sea-mark, orany
sea- mark or buoy or other thing placed as a guide for navigators, or by any
act which renders any suchlight-house, sea-mark, buoy or other such thing as
aforesaid less useful as a guide for navigators, shall bepunished with
imprisonment of either description for a term which may extend to seven years,
or with fine,or with both.434. Mischief by destroying or moving, etc., a
land-mark fixed by public authority.—Whoevercommits mischief by destroying or
moving any land-mark fixed by the authority of a public servant, or by105any
act which renders such land-mark less useful as such, shall be punished with
imprisonment of eitherdescription for a term which may extend to one year, or
with fine, or with both.435. Mischief by fire or explosive substance with
intent to cause damage to amount of onehundred or (in case of agricultural
produce) ten rupees.—Whoever commits mischief by fire or anyexplosive substance
intending to cause, or knowing it to be likely that he will thereby cause,
damage to anyproperty to the amount of one hundred rupees or upwards 1[or
(where the property is agricultural produce)ten rupees or upwards], shall be
punished with imprisonment of either description for a term which mayextend to
seven years and shall also be liable to fine.436. Mischief by fire or explosive
substance with intent to destroy house, etc.—Whoever commitsmischief by fire or
any explosive substance, intending to cause, or knowing it to be likely that he
willthereby cause, the destruction of any building which is ordinarily used as
a place of worship or as a humandwelling or as a place for the custody of
property, shall be punished with 2[imprisonment for life], or withimprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.437. Mischief with intent to destroy or make unsafe a decked
vessel or one of twenty tonsburden.—Whoever commits mischief to any decked
vessel or any vessel of a burden of twenty tons orupwards, intending to destroy
or render unsafe, or knowing it to be likely that he will thereby destroy
orrender unsafe, that vessel, shall be punished with imprisonment of either
description for a term which mayextend to ten years, and shall also be liable
to fine.438. Punishment for the mischief described in section 437 committed by
fire or explosivesubstance. —Whoever commits, or attempts to commit, by fire or
any explosive substance, such mischiefas is described in the last preceding
section, shall be punished with 2[imprisonment for life]. or withimprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.439. Punishment for intentionally running vessel aground or
ashore with intent to commit theft,etc.—Whoever intentionally runs any vessel
aground or ashore, intending to commit theft of any propertycontained therein
or to dishonestly misappropriate any such property, or with intent that such
theft ormisappropriation of property may be committed, shall be punished with
imprisonment of either descriptionfor a term which may extend to ten years, and
shall also be liable to fine.440. Mischief committed after preparation made for
causing death or hurt.—Whoever commitsmischief, having made preparation for
causing to any person death, or hurt, or wrongful restraint, or fear ofdeath,
or of hurt, or of wrongful restraint, shall be punished with imprisonment of
either description for aterm which may extend to five years, and shall also be
liable to fine.Of Criminal Trespass441. Criminal trespass.—Whoever enters into
or upon property in the possession of another withintent 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 tointimidate, insult or annoy any such person, or with
intent to commit an offence,is said to commit “criminal trespass”.STATE
AMENDMENTOrissaAmendment of section 441.-In the Indian Penal Code, 1860 (45 of
1860), for section 441, thefollowing section shall be substituted,
namely:—“441.Criminal trespass.-Whoever enters into or upon property in
possession of another with intent tocommit 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 therebyto
intimidate, insult or annoy any such person or with intent to commit an
offence.1. Ins. by Act 8 of 1882, s. 102. Subs. by Act 26 of 1955, s. 117 and
the Sch., for “transportation for life” (w.e.f. 1-1-1956).106 Or having
lawfully entered into or upon such property, remains there with the intention
of takingunauthorized possession or making unauthorized use of such property
and fails to withdraw from suchproperty or its possession or use, when called
upon to do so by that another person by notice in writing,duly served on him,Is
said to commit criminal trespass.”[Vide Orissa Act 22 of 1986, s. 2]442.
House-trespass.—Whoever commits criminal trespass by entering into or remaining
in anybuilding, tent or vessel used as a human dwelling or any building used as
a place for worship, or as a placefor the custody of property, is said to
commit “house-trespass”.Explanation.—The introduction of any part of the
criminal trespasser's body is entering sufficient toconstitute
house-trespass.443. Lurking house-trespass.—Whoever commits house-trespass
having taken precautions to concealsuch house-trespass from some person who has
a right to exclude or eject the trespasser from the building,tent or vessel
which is the subject of the trespass, is said to commit “lurking
house-trespass”.444. Lurking house-trespass by night.—Whoever commits lurking
house-trespass after sunset andbefore sunrise, is said to commit “lurking house-trespass
by night”.445. House-breaking.—A person is said to commit “house-breaking” who
commits house-trespass ifhe 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
anoffence therein, he quits the house or any part of it in any of such six
ways, that is to say:—First.—If he enters or quits through a passage made by
himself, or by any abettor of the house-trespass,in order to the committing of
the house-trespass.Secondly.—If he enters or quits through any passage not
intended by any person, other than himself oran abettor of the offence, for
human entrance; or through any passage to which he has obtained access
byscaling 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 hasopened, in
order to the committing of the house-trespass by any means by which that
passage was notintended by the occupier of the house to be opened.Fourthly.—If
he enters or quits by opening any lock in order to the committing of the
house-trespass,or in order to the quitting of the house after a
house-trespass.Fifthly.—If he effects his entrance or departure by using
criminal force or committing an assault, or bythreatening any person with
assault.Sixthly.—If he enters or quits by any passage which he knows to have
been fastened against suchentrance 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 housethere is an
immediate internal communication, is part of the house within the meaning of
this section.Illustrations(a) A commits house-trespass by making a hole through
the wall of Z's house, and putting his hand through the aperture. Thisis house-
breaking.(b) A commits house-trespass by creeping into a ship at a port- hole
between decks. This is house-breaking.(c) A commits house-trespass by entering
Z's house through a window. This is house-breaking.(d) A commits house-trespass
by entering Z's house through the door, having opened a door which was
fastened. This is housebreaking.(e) A commits house-trespass by entering Z's
house through the door, having lifted a latch by putting a wire through a hole
inthe door. This is house-breaking.(f) A finds the key of Z's house door, which
Z had lost, and commits house-trespass by entering Z's house, having opened
thedoor with that key. This is house-breaking.107(g) Z is standing in his
doorway. A forces a passage by knocking Z down, and commits house-trespass by
entering the house.This is house-breaking.(h) Z, the door-keeper of Y, is
standing in Y's doorway. A commits house-trespass by entering the house, having
deterred Zfrom opposing him by threatening to beat him. This is
house-breaking.446. House-breaking by night.—Whoever commits house-breaking
after sunset and before sunrise, issaid to commit “house-breaking by
night”.447. Punishment for criminal trespass.—Whoever commits criminal trespass
shall be punished withimprisonment of either description for a term which may
extend to three months, or with fine which mayextend to five hundred rupees, or
with both.448. Punishment for house-trespass.—Whoever commits house-trespass
shall be punished withimprisonment of either description for a term which may
extend to one year, or with fine which may extendto one thousand rupees, or
with both.449. House-trespass in order to commit offence punishable with
death.—Whoever commits housetrespass in order to the committing of any offence
punishable with death, shall be punished with1[imprisonment for life], or with
rigorous imprisonment for a term not exceeding ten years, and shall alsobe
liable to fine.450. House-trespass in order to commit offence punishable with
imprisonment for life.—Whoevercommits house-trespass in order to the committing
of any offence punishable with 1[imprisonment for life],shall be punished with
imprisonment of either description for a term not exceeding ten years, and
shall alsobe liable to fine.451. House-trespass in order to commit offence
punishable with imprisonment.—Whoevercommits house-trespass in order to the
committing of any offence punishable with imprisonment, shall bepunished with
imprisonment of either description for a term which may extend to two years,
and shall alsobe liable to fine; and if the offence intended to be committed is
theft, the term of the imprisonment may beextended to seven years.452. House-trespass
alter preparation for hurt, assault or wrongful restraint.—Whoever
commitshouse-trespass, having made preparation for causing hurt to any person
or for assaulting any person, or forwrongfully restraining any person, or for
putting and person in fear of hurt, or of assault, or of wrongfulrestraint,
shall be punished with imprisonment of either description for a term which may
extend to sevenyears, and shall also be liable to fine.453. Punishment for
lurking house-trespass or house-breaking.—Whoever commits lurking housetrespass
or house-breaking, shall be punished with imprisonment of either description
for a term which mayextend to two years, and shall also be liable to fine.454.
Lurking house-trespass or house-breaking in order to commit offence punishable
withimprisonment.—Whoever commits lurking house-trespass or house-breaking, in
order to the committingof any offence punishable with imprisonment, shall be
punished with imprisonment of either descriptionfor a term which may extend to
three years, and shall also be liable to fine; and if the offence intended tobe
committed is theft, the term of the imprisonment may be extended to ten
years.455. Lurking house-trespass or house-breaking after preparation for hurt,
assault or wrongfulrestraint.—Whoever commits lurking house-trespass, or
house-breaking, having made preparation forcausing hurt to any person, or for
assaulting any person, or for wrongfully restraining any person, or forputting
any person in fear of hurt or of assault or of wrongful restraint, shall be
punished with imprisonmentof either description or a term which may extend to
ten years, and shall also be liable to fine.456. Punishment for lurking
house-trespass or house-breaking by night.—Whoever commitslurking
house-trespass by night, or house-breaking by night, shall be punished with
imprisonment of eitherdescription for a term which may extend to three years,
and shall also be liable to fine.457. Lurking house-trespass or house-breaking
by night in order to commit offence punishablewith imprisonment.—Whoever
commits lurking house-trespass by night, or house-breaking by night, inorder to
the committing of any offence punishable with imprisonment, shall be punished
with imprisonment1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation
for life” (w.e.f. 1-1-1956).108of either description for a term which may
extend to five years, and shall also be liable to fine; and, if theoffence
intended to be committed is theft, the term of the imprisonment may be extended
to fourteen years.458. Lurking house-trespass or house-breaking by night after
preparation for hurt, assault, orwrongful 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
wrongfullyrestraining any person, or for putting any person in fear of hurt, or
of assault, or of wrongful restraint, shallbe punished with imprisonment of
either description for a term which may extend to fourteen years, andshall also
be liable to fine.459. Grievous hurt caused whilst committing lurking
house-trespass or house-breaking.—Whoever, whilst committing lurking
house-trespass or house-breaking, causes grievous hurt to any personor attempts
to cause death or grievous hurt to any person, shall be punished with
1[imprisonment for life],or imprisonment of either description for a term which
may extend to ten years, and shall also be liable tofine.460. All persons
jointly concerned in lurking house-trespass or house-breaking by
nightpunishable where death or grievous hurt caused by one of them.—If, at the
time of the committing oflurking house-trespass by night or house-breaking by
night, any person guilty of such offence shallvoluntarily cause or attempt to
cause death or grievous hurt to any person, every person jointly concernedin
committing such lurkking house-trespass by night or house-breaking by night,
shall be punished with1[imprisonment for life], or with imprisonment of either
description for a term which may extend to tenyears, and shall also be liable
to fine.461. Dishonestly breaking open receptacle containing property.—Whoever
dishonestly or withintent to commit mischief, breaks open or unfastens any
closed receptacle which contains or which hebelieves to contain property, shall
be punished with imprisonment of either description for a term whichmay extend
to two years, or with fine, or with both.462. Punishment for same offence when
committed by person entrusted with custody.—Whoever,being entrusted with any
closed receptacle which contains or which he believes to contain property,
withouthaving authority to open the same, dishonestly, or with intent to commit
mischief, breaks open or unfastensthat receptacle, shall be punished with
imprisonment of either description for a term which may extend tothree years,
or with fine, or with both.CHAPTER XVIIIOF OFFENCES RELATING TO DOCUMENTS AND
TO2*** PROPERTY MARKS463. Forgery.—3[Whoever makes any false document or false
electronic record or part of a documentor electronic record, with intent to
cause damage or injury], to the public or to any person, or to support anyclaim
or title, or to cause any person to part with property, or to enter into any
express or implied contract,or with intent to commit fraud or that fraud may be
committed, commits forgery.464. Making a false document.—3[A person is said to
make a false document or false electronicrecord—First.—Who dishonestly or
fraudulently—(a) makes, signs, seals or executes a document or part of a
document;(b) makes or transmits any electronic record or part of any electronic
record;(c) affixes any 4[electronic signature] on any electronic record;(d)
makes any mark denoting the execution of a document or the authenticity of the
4[electronicsignature],with the intention of causing it to be believed that
such document or part of document, electronic recordor 4[electronic signature]
was made, signed, sealed, executed, transmitted or affixed by or by the
authorityof a person by whom or by whose authority he knows that it was not made,
singed, sealed, executed oraffixed; orSecondly.—Who without lawful authority,
dishonestly or fraudulently, by cancellation or otherwise, alters a document or
an electronic record in any material partthereof, after it has been made,
executed or affixed with 4[electronic signature] either by himself or by any
other person, whether such person be living or dead at thetime of such
alteration; or1. Subs. by Act 26 of 1955, s. 117 and the Sch., for
“transportation for life” (w.e.f. 1-1-1956).2. The words “TRADE OR” omitted by
Act 43 of 1958, s. 135 and Sch. (w.e.f. 25-11-1959).3. Subs. by Act 21 of 2000,
s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).4. Subs. by Act
10 of 2009, s. 51, for “digital signature” (w.e.f. 27-10-2009).109Thirdly.—Who
dishonestly or fraudulently causes any person to sign, seal, execute or alter a
document or an electronic record or to affix his 4[electronic signature]on any
electronic record knowing that such person by reason of unsoundness of mind or
intoxication cannot, or that by reason of deception practised upon him, he
doesnot know the contents of the document or electronic record or the nature of
the alteration.]Illustrations(a) A has a letter of credit upon B for rupees
10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and
makes the sum 1,00,000 intending thatit may be believed by B that Z so wrote
the letter. A has committed forgery.(b) A, without Z's authority, affixes Z's
seal to a document purporting to be a conveyance of an estate from Z to A, with
the intention of selling the estate to B andthereby of obtaining from B the
purchase-money. A has committed forgery.(c) A picks up a cheque on a banker
signed by B, payable to bearer, but without any sum having been inserted in the
cheque. A fraudulently fills up the chequeby inserting the sum of ten thousand
rupees. A commits forgery.(d) A leaves with B, his agent, a cheque on a banker,
signed by A, without inserting the sum payable and authorizes B to fill up the
chequeby inserting a sum not exceeding ten thousand rupees for the purpose of
making certain payments. B fraudulently fills up the cheque by insertingthe sum
of twenty thousand rupees. B commits forgery.(e) A draws a bill of exchange on
himself in the name of B without B's authority, intending to discount it as a
genuine bill with a banker andintending to take up the bill on its maturity.
Here, as A draws the bill with intent to deceive the banker by leading him to
suppose that he had thesecurity of B, and thereby to discount the bill, A is
guilty of forgery.(f) Z's will contains these words—“I direct that all my
remaining property be equally divided between A, B and C.” A dishonestly
scratchesout B's name, intending that it may be believed that the whole was
left to himself and C. A has committed forgery.(g) A endorses a Government
promissory note and makes it payable to Z or his order by writing on the bill
the words “Pay to Z or his order”and signing the endorsement. B dishonestly
erases the words “Pay to Z or his order”, and thereby converts the special
endorsement into a blankendorsement. B commits forgery.(h) A sells and conveys
an estate to Z. A afterwards, in order to defraud Z of his estate, executes a
conveyance of the same estate to B, datedsix months earlier than the date of
the conveyance to Z, intending it to be believed that he had conveyed the
estate to B before he conveyed it to Z.A has committed forgery.(i) Z dictates
his will to A. A intentionally writes down a different legatee named by Z, and
by representing to Z that he has prepared the willaccording to his
instructions, induces Z to sign the will. A has committed forgery.(j) A writes
a letter and signs it with B's name without B's authority, certifying that A is
a man of good character and in distressed circumstancesfrom unforeseen
misfortune, intending by means of such letter to obtain alms from Z and other
persons. Here, as A made a false document in orderto induce Z to part with
property, A has committed forgery.(k) A without B's authority writes a letter
and signs it in B's name certifying to A's character, intending thereby to
obtain employment underZ. A has committed forgery inasmuch as he intended to
deceive Z by the forged certificate, and thereby to induce Z to enter into an
express orimplied contract for service.Explanation 1.—A man’s signature of his
own name may amount to forgery.Illustrations(a) A signs his own name to a bill
of exchange, intending that it may be believed that the bill was drawn by
another person of the same name.A has committed forgery.(b) A writes the word
“accepted” on a piece of paper and signs it with Z's name, in order that B may
afterwards write on the paper a bill ofexchange drawn by B upon Z, and
negotiate the bill as though it had been accepted by Z. A is guilty of forgery;
and if B, knowing the fact, drawsthe bill upon the paper pursuant to A's
intention, B is also guilty of forgery.(c) A picks up a bill of exchange
payable to the order of a different person of the same name. A endorses the
bill in his own name, intendingto cause it to be believed that it was endorsed
by the person to whose order it was payable; here A has committed forgery.(d) A
purchases an estate sold under execution of a decree against B. B, after the
seizure of the estate, in collusion with Z, executes a lease ofthe estate, to Z
at a nominal rent and for a long period and dates the lease six months prior to
the seizure, with intent to defraud A, and to cause itto be believed that the
lease was granted before the seizure. B, though he executes the lease in his
own name, commits forgery by antedating it.(e) A, a trader, in anticipation of
insolvency, lodges effects with B for A's benefit, and with intent to defraud
his creditors; and in order to givea colour to the transaction, writes a
promissory note binding himself to pay to B a sum for value received, and
antedates the note, intending that itmay be believed to have been made before A
was on the point of insolvency. A has committed forgery under the first head of
the definition.Explanation 2.—The making of a false document in the name of a
fictious person, intending it to be believed that the document was made bya
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 amountto
forgery.IllustrationA 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.1[Explanation 3.—For the purposes of this
section, the expression “affixing 2[electronic signature]” shall have the
meaning assigned to it in clause (d) of subsection (1) of section 2 of the
Information Technology Act, 2000 (21 of 2000).]465. Punishment for
forgery.—Whoever commits forgery shall be punished with imprisonment of either
description for a term which mayextend to two years, or with fine, or with
both.466. Forgery of record of Court or of public register, etc.—3[Whoever
forges a document or an electronic record], purporting to be a recordor
proceeding of or in a Court of Justice, or a register of birth, baptism,
marriage or burial, or a register kept by a public servant as such, or
acertificate or document purporting to be made by a public servant in his
official capacity, or an authority to institute or defend a suit, or to take
anyproceedings therein, or to confess judgment, or a power of attorney, shall
be punished with imprisonment of either description for a term whichmay extend
to seven years, and shall also be liable to fine.1[Explanation.—For the purposes
of this section, “register” includes any list, data or record of any entries
maintained in the electronic formas defined in clause (r) of sub-section (1) of
section 2 of the Information Technology Act, 2000 (21 of 2000).]467. Forgery of
valuable security, will, etc.—Whoever forges a document which purports to be a
valuable security or a will, or an authority to adopt a son, orwhich purports
to give authority to any person to make or transfer any valuable security, or
to receive the principal, interest or dividends thereon, or to receiveor
deliver any money, movable property, or valuable security, or any document
purporting to be an acquittance or receiptacknowledging the payment of money,
or an acquittance or receipt for the delivery of any movable property or
valuablesecurity, shall be punished with 4[imprisonment for life], or with
imprisonment of either description for a term whichmay extend to ten years, and
shall also be liable to fine.1. Ins. by Act 21 of 2000, s. 91 and the First
Sch. (w.e.f. 17-10-2000).2. Subs. by Act 10 of 2009, s. 51, for “digital
signature” (w.e.f. 27-10-2009).3. Subs. by Act 21 of 2000, s. 91 and the First
Sch., for certain words (w.e.f. 17-10-2000).4. Subs. by Act 26 of 1955, s. 117
and the Sch., for “transportation for life” (w.e.f. 1-1-1956).110468. Forgery
for purpose of cheating.—Whoever commits forgery, intending that the 1[document
or electronicrecord forged] shall be used for the purpose of cheating, shall be
punished with imprisonment of either description fora term which may extend to
seven years, and shall also be liable to fine.469. Forgery for purpose of
harming reputation.—Whoever commits forgery, 2[intending that the documentor
electronic record forged] shall harm the reputation of any party, or knowing
that it is likely to be used for thatpurpose, shall be punished with
imprisonment of either description for a term which may extend to three years,
andshall also be liable to fine.470. Forged document.—A false 3[document or
electronic record] made wholly or in part by forgery isdesignated “a forged
3[document or electronic record]”.471. Using as genuine a forged document or
electronic record.—Whoever fraudulently or dishonestly uses asgenuine any
3[document or electronic record] which he knows or has reason to believe to be
a forged 3[document orelectronic record], shall be punished in the same manner
as if he had forged such 3[document or electronic record].472. Making or
possessing counterfeit seal, etc., with intent to commit forgery punishable
under section467.—Whoever makes or counterfeits any seal, plate or other
instrument for making an impression, intending that thesame shall be used for
the purpose of committing any forgery which would be punishable under section
467 of thisCode, or, with such intent, has in his possession any such seal,
plate or other instrument, knowing the same to becounterfeit, shall be punished
with 4[imprisonment for life], or with imprisonment of either description for a
termwhich may extend to seven years, and shall also be liable to fine.473.
Making or possessing counterfeit seal, etc., with intent to commit forgery
punishable otherwise.—Whoever makes or counterfeits any seal, plate or other
instrument for making an impression, intending that the sameshall be used for
the purpose of committing any forgery which would be punishable under any
section of this Chapterother than section 467, or, with such intent, has in his
possession any such seal, plate or other instrument, knowing thesame to be
counterfeit, shall be punished with imprisonment of either description for a
term which may extend toseven years, and shall also be liable to fine.474.
Having possession of document described in section 466 or 467, knowing it to be
forged andintending to use it genuine.—5[Whoever has in his possession any
document or electronic record, knowingthe same to be forged and intending that
the same shall fraudulently or dishonestly be used as genuine,shall, if the
document or electronic record is one of the description mentioned in section
466 of this Code],be punished with imprisonment of either description for a
term which may extend to seven years, and shallalso be liable to fine; and if
the document is one of the description mentioned in section 467, shall
bepunished with 4[imprisonment for life], or with imprisonment of either
description, for a term which mayextend to seven years, and shall also be
liable to fine.475. Counterfeiting device or mark used for authenticating
documents described in section 467,or possessing counterfeit marked
material.—Whoever counterfeits upon, or in the substance of, anymaterial, any
device or mark used for the purpose of authenticating any document described in
section 467of this Code, intending that such device or mark shall be used for
the purpose of giving the appearance ofauthenticity to any document then forged
or thereafter to be forged on such material, or who, with suchintent, has in
his possession any material upon or in the substance of which any such device
or mark hasbeen counterfeited, shall be punished with 4[imprisonment for life],
or with imprisonment of eitherdescription for a term which may extend to seven
years, and shall also be liable to fine.476. Counterfeiting device or mark used
for authenticating documents other than those describedin section 467, or possessing
counterfeit marked material.—Whoever counterfeits upon, or in thesubstance of,
any material, any device or mark used for the purpose of authenticating 6[any
document orelectronic record] other than the documents described in section 467
of this Code, intending that such deviceor mark shall be used for the purpose
of giving the appearance of authenticity to any document then forgedor
thereafter to be forged on such material, or who with such intent, has in his
possession any material uponor in the substance of which any such device or
mark has been counterfeited, shall be punished withimprisonment of either
description for a term which may extend to seven years, and shall also be
liable tofine.1. Subs. by Act 21 of 2000, s. 91 and the First Sch., “document
forget” (w.e.f. 17-10-2000).2. Subs. by s. 91, and the First Sch., ibid.,
“intending that the document forged” (w.e.f. 17-10-2000).3. Subs. by Act 21 of
2000, s. 91 and the First Sch., for “document” (w.e.f. 17-10-2000).5. Subs. by
Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f.
1-1-1956).4. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain
words (w.e.f. 17-10-2000).6. Subs. by Act 21 of 2000, s. 91 and the First Sch.,
for “any document” (w.e.f. 17-10-2000).111477. 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 anydocument which is or
purports to be a will, or an authority to adopt a son, or any valuable
security, orcommits mischief in respect of such document, shall be punished
with 1[imprisonment for life], or withimprisonment of either description for a
term which may extend to seven years, and shall also be liable tofine.2[477A.
Falsification of accounts.—Whoever, being a clerk, officer or servant, or
employed or actingin the capacity of a clerk, officer or servant, wilfully, and
with intent to defraud, destroys, alters, mutilatesor falsifies any 3[book,
electronic record, paper, writing] valuable security or account which belongs
to oris in the possession of his employer, or has been received by him for or
on behalf of his employer, orwilfully, and with intent to defraud, makes or
abets the making of any false entry in, or omits or alters orabets the omission
or alteration of any material particular from or in. any such 5[book,
electronic record,paper, writing] valuable security or account, shall be
punished with imprisonment of either description fora 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 defraudwithout
naming any particular person intended to be defrauded or specifying any
particular sum of moneyintended to be the subject of the fraud, or any
particular day on which the offence was committed.]4[Of 5***Property and Other
Marks478. [Trade Mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43
of 1958),s. 135 and Sch.(w. e. f. 25-11-1959).479. Property mark.—A mark used
for denoting that movable property belongs to a particular personis called a
property mark.480. [Using a false trade mark.] Rep. by the Trade and
Merchandise Marks Act, 1958 (43 of 1958),s.135and Sch. (w.e.f. 25-
11-1959).481. Using a false property mark.—Whoever marks any movable property
or goods or any case,package or other receptacle containing movable property or
goods, or uses any case, package or otherreceptacle having any mark thereon, in
a manner reasonably calculated to cause it to be believed that theproperty or
goods so marked, or any property or goods contained in any such receptacle so
marked, belongto a person to whom they do not belong, is said to use a false
property mark.482. Punishment for using a false property mark.—Whoever uses
6***any false property mark shall,unless he proves that he acted without intent
to defraud, be punished with imprisonment of either descriptionfor a term which
may extend to one year, or with fine, or with both.483. Counterfeiting a
property mark used by another.—Whoever counterfeits any 7***propertymark used
by any other person shall be punished with imprisonment of either description
for a term whichmay extend to two years, or with fine, or with both.484.
Counterfeiting a mark used by a public servant.—Whoever counterfeits any
property markused by a public servant, or any mark used by a public servant to
denote that any property has beenmanufactured by a particular person or at a
particular time or place, or that the property is of a particularquality or has
passed through a particular office, or that it is entitled to any exemption, or
uses as genuineany such mark knowing the same to be counterfeit, shall be
punished with imprisonment of eitherdescription for a term which may extend to
three years, and shall also be liable to fine.1. Subs. by Act 26 of 1955, s.
117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).2. Added by
Act 3 of 1895, s. 4.3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for
“book, paper, writing” (w.e.f. 17-10-2000).4. Subs. by Act 4 of 1889, s. 3, for
the original heading and ss. 478 to 489.5. The word “Trade” omitted by Act 43 of
1958, s. 135 and the Sch. (w.e.f. 25-11-1959).6. The words “any false trade
mark or” omitted by s. 135 and the Sch., ibid. (w.e.f. 25-11-1959).7. The words
“trade mark or” omitted by s. 135 and the Sch., ibid. (w.e.f.
25-11-1959).1121[485. Making or possession of any instrument for counterfeiting
a property mark.—Whoevermakes or has in his possession any die, plate or other
instrument for the purpose of counterfeiting a propertymark, or has in his
possession a property mark for the purpose of denoting that any goods belong to
a personto whom they do not belong, shall be punished with imprisonment of
either description for a term whichmay extend to three years, or with fine, or
with both.]486. Selling goods marked with a counterfeit property mark.—2[Whoever
sells, or exposes, or hasin possession for sale, any goods or things with a
counterfeit property mark] affixed to or impressed uponthe same or to or upon
any case, package or other receptacle in which such goods are contained,
shall,unless he proves(a) that, having taken all reasonable precautions against
committing an offence against this section,he had at the time of the commission
of the alleged offence no reason to suspect the genuineness of themark, and(b)
that, on demand made by or on behalf of the prosecutor, he gave all the
information in his powerwith respect to the persons from whom he obtained such
goods or things, or(c) that otherwise he had acted innocently,be punished with
imprisonment of either description for a term which may extend to one year, or
with fine,or with both.487. Making a false mark upon any receptacle containing
goods.—Whoever makes any false markupon any case, package or other receptacle
containing goods, in a manner reasonably calculated to causeany public servant
or any other person to believe that such receptacle contains goods which it
does notcontain or that it does not contain goods which it does contain, or
that the goods contained in such receptacleare of a nature or quality different
from the real nature or quality thereof, shall, unless he proves that heacted
without intent to defraud, be punished with imprisonment of either description
for a term which mayextend to three years, or with fine, or with both.488.
Punishment for making use of any such false mark.—Whoever makes use of any such
falsemark in any manner prohibited by the last foregoing section shall, unless
he proves that he acted withoutintent to defraud, be punished as if he had
committed an offence against that section.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
injuryto any person, shall be punished with imprisonment of either description
for a term which may extend toone year, or with fine, or with both.]3[Of
Currency-Notes and Bank-Notes489A. Counterfeiting currency-notes or
bank-notes.—Whoever counterfeits, or knowingly performsany part of the process
of counterfeiting, any currency-note or bank-note, shall be punished
with4[imprisonment for life], or with imprisonment of either description for a
term which may extend to tenyears, and shall also be liable to
fine.Explanation.—For the purposes of this section and of sections 489B,
5[489C, 489D and 489E], theexpression “bank-note” means a promissory note or
engagement for the payment of money to bearer ondemand issued by any person
carrying on the business of banking in any part of the world, or issued by
orunder the authority of any State or Sovereign Power, and intended to be used
as equivalent to, or as asubstitute for money.489B. Using as genuine, forged or
counterfeit currency-notes or bank-notes.—Whoever sells to,or buys or receives
from, any other person, or otherwise traffics in or uses as genuine, any forged
orcounterfeit currency-note or bank-note, knowing or having reason to believe
the same to be forged orcounterfeit, shall be punished with 4[imprisonment for
life], or with imprisonment of either description fora term which may extend to
ten years, and shall also be liable to fine.1. Subs. by Act 43 of 1958, s. 135
and the Sch., for s. 485 (w.e.f. 25-11-1959).2. Subs. by s. 135 and the Sch.,
ibid., for certain words (w.e.f. 25-11-1959).3. Added by Act 12 of 1899, s.
2.4. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for
life” (w.e.f. 1-1-1956).5. Subs. by Act 35 of 1950, s. 3 and the Second Sch.,
for “489C and 489D”.113489C. Possession of forged or counterfeit currency-notes
or bank-notes.—Whoever has in hispossession any forged or counterfeit
currency-note or bank-note, knowing or having reason to believe thesame 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, orwith fine, or with both.489D.
Making or possessing instruments or materials for forging or counterfeiting
currency notesor bank-notes.—Whoever makes, or performs any part of the process
of making, or buys or sells ordisposes of, or has in his possession, any
machinery, instrument or material for the purpose of being used,or knowing or
having reason to believe that it is intended to be used, for forging or
counterfeiting anycurrency-note or bank-note, shall be punished with 1[imprisonment
for life], or with imprisonment of eitherdescription for a term which may
extend to ten years, and shall also be liable to fine.]2[489E. Making or using
documents resembling currency-notes or bank-notes.—(1) Whoevermakes, or causes
to be made, or uses for any purpose whatsoever, or delivers to any person, any
documentpurporting to be, or in any way resembling, or so nearly resembling as
to be calculated to deceive, anycurrency-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 undersub-section (1),
refuses, without lawful excuse, to disclose to a police-officer on being so
required the nameand address of the person by whom it was printed or otherwise
made, he shall be punished with fine whichmay extend to two hundred rupees.(3)
Where the name of any person appears on any document in respect of which any
person is chargedwith an offence under sub- section (1) or on any other document
used or distributed in connection with thatdocument it may, until the contrary
is proved, be presumed that that person caused the document to bemade.]CHAPTER
XIXOF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE490. [Breach of contract of
service during voyage or journey.] Rep. by the Workmen's Breach ofContract
(Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.491. Breach of contract to
attend on and supply wants of helpless person.—Whoever, being boundby a lawful
contract to attend on or to supply the wants of any person who, by reason of
youth, or ofunsoundness of mind, or of a disease or bodily weakness, is
helpless or incapable of providing for his ownsafety or of supplying his own
wants, voluntarily omits so to do, shall be punished with imprisonment ofeither
description for a term which may extend to three months, or with fine which may
extend to twohundred rupees, or with both.492. [Breach of contract to serve at
distant place to which servant is conveyed at master's expense.]Rep. by the
Workmen's Breach of Contract (Repealing) Act,1925 (3 of 1925), s. 2 and
Sch.CHAPTER XXOFOFFENCES RELATINGTO MARRIAGE493. Cohabitation caused by a man
deceitfully inducing a belief of lawful marriage.—Every manwho by deceit causes
any woman who is not lawfully married to him to believe that she is lawfully
marriedto him and to cohabit or have sexual intercourse with him in that
belief, shall be punished with imprisonmentof either description for a term
which may extend to ten years, and shall also be liable to fine.494. Marrying
again during lifetime of husband or wife.—Whoever, having a husband or
wifeliving, marries in any case in which such marriage is void by reason of its
taking place during the life ofsuch husband or wife, shall be punished with
imprisonment of either description for a term which mayextend 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 hasbeen declared void by a
Court of competent jurisdiction,1. Subs. by Act 26 of 1955, s. 117 and the
Sch., for “transportation for life” (w.e.f. 1-1-1956).2. Ins. by Act 6 of 1943,
s. 2.114nor to any person who contracts a marriage during the life of a former
husband or wife, if such husbandor wife, at the time of the subsequent
marriage, shall have been continually absent from such person for thespace of
seven years, and shall not have been heard of by such person as being alive
within that timeprovided the person contracting such subsequent marriage shall,
before such marriage takes place, informthe person with whom such marriage is
contracted of the real state of facts so far as the same are within hisor her
knowledge.495. Same offence with concealment of former marriage from person
with whom subsequentmarriage is contracted.—Whoever commits the offence defined
in the last preceding section havingconcealed from the person with whom the
subsequent marriage is contracted, the fact of the formermarriage, shall be
punished with imprisonment of either description for a term which may extend to
tenyears, and shall also be liable to fine.496. Marriage ceremony fraudulently
gone through without lawful marriage.—Whoever,dishonestly or with a fraudulent
intention, goes through the ceremony of being married, knowing that he isnot
thereby lawfully married, shall be punished with imprisonment of either
description for a term whichmay extend to seven years, and shall also be liable
to fine.497. Adultery.—Whoever has sexual intercourse with a person who is and
whom he knows or hasreason to believe to be the wife of another man, without
the consent or connivance of that man, such sexualintercourse not amounting to
the offence of rape, is guilty of the offence of adultery, and shall be
punishedwith imprisonment of either description for a term which may extend to
five years, or with fine, or withboth. In such case the wife shall not be
punishable as an abettor.498. Enticing or taking away or detaining with
criminal intent a married woman.—Whoever takesor entices away any woman who is
and whom he knows or has reason to believe to be the wife of any otherman, from
that man, or from any person having the care of her on behalf of that man, with
intent that shemay have illicit intercourse with any person, or conceals or
detains with that intent any such woman, shallbe punished with imprisonment of
either description for a term which may extend to two years, or withfine, or
with both.1[CHAPTER XXAOFCRUELTY BY HUSBANDOR RELATIVESOF HUSBAND498A. Husband
or relative of husband of a woman subjecting her to cruelty.—Whoever, being
thehusband or the relative of the husband of a woman, subjects such woman to
cruelty shall be punished withimprisonment for a term which may extend to three
years and shall also be liable to fine.Explanation.—For the purposes of this section,
“cruelty” means—(a) any wilful conduct which is of such a nature as is likely
to drive the woman to commit suicideor to cause grave injury or danger to life,
limb or health (whether mental or physical) of the woman; or(b) harassment of
the woman where such harassment is with a view to coercing her or any
personrelated to her to meet any unlawful demand for any property or valuable
security or is on account offailure by her or any person related to her to meet
such demand.]CHAPTER XXIOF DEFAMATION499. Defamation.—Whoever, by words either
spoken or intended to be read, or by signs or by visiblerepresentations, makes
or publishes any imputation concerning any person intending to harm, or
knowingor having reason to believe that such imputation will harm, the
reputation of such person, is said, except inthe cases hereinafter excepted, to
defame that person.Explanation1.—It may amount to defamation to impute anything
to a deceased person, if the imputationwould harm the reputation of that person
if living, and is intended to be hurtful to the fellings of his familyor other
near relatives.1. Ins. by Act 46 of 1983, s. 2.115Explanation 2.—It may amount
to defamation to make an imputation concerning a company or anassociation or
collection of persons as such.Explanation 3.—An imputation in the form of an
alternative or expressed ironically, may amount todefamation.Explanation 4.—No
imputation is said to harm a person's reputation, unless that imputation
directly orindirectly, in the estimation of others, lowers the moral or
intellectual character of that person, or lowersthe character of that person in
respect of his caste or of his calling, or lowers the credit of that person,
orcauses it to be believed that the body of that person is in a lothsome state,
or in a state generally consideredas disgraceful.Illustrations(a) A says— “Z is
an honest man; he never stole B's watch”; intending to cause it to be believed
that Z did steal B's watch.This is defamation, unless it fall within one of the
exceptions.(b) A is asked who stole B's watch. A points to Z, intending to
cause it to be believed that Z stole B's watch. This is defamation,unless it
fall within one of the exceptions.(c) A draws a picture of Z running away with
B's watch, intending it to be believed that Z stole B's watch. This is
defamation,unless it fall within one of the exceptions.First
Exception.—Imputation of truth which public good requires to be made or
published.—It isnot defamation to impute anything which is true concerning any
person, if it be for the public good that theimputation 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 faithany opinion whatever respecting the conduct of a public
servant in the discharge of his public functions, orrespecting his character,
so far as his character appears in that conduct, and no further.Third
Exception.—Conduct of any person touching any public question.—It is not
defamation toexpress 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.IllustrationIt is not
defamation in A to express in good faith any opinion whatever resepting Z's
conduct in petitioning Government on apublic question, in signing a requisition
for a meeting on a public question, in presiding or attending at such meeting,
in formingor joining any society which invites the public support, in voting or
canvassing for a particular candidate for any situation in theefficient
discharge of the duties of which the public is interested.Fourth
Exception.—Publication of reports of proceedings of courts.—It is not
defamation to publishsubstantially 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 toa 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, civilor criminal, which has been decided by
a Court of Justice, or respecting the conduct of any person as aparty, witness
or agent, in any such case, or respecting the character of such person, as far
as his characterappears in that conduct, and no further.Illustrations(a) A says—“I
think Z's evidence on that trial is so contradictory that he must be stupid or
dishonest.” A is within this exceptionif he says this in good faith, inasmuch
as the opinion which he expresses respects Z's character as it appears in Z's
conduct as awitness, and no farther.(b) But if A says—“I do not believe what Z
asserted at that trial because I know him to be a man without veracity”; A is
notwithin this exception, inasmuch as the opinion which express of Z's
character, is an opinion not founded on Z's conduct as a witness.Sixth
Exception.—Merits of public performance.—It is not defamation to express in
good faith anyopinion respecting the merits of any performance which its author
has submitted to the judgment of thepublic, or respecting the character of the
author so far as his character appears in such performance, and
nofurther.116Explanation.—A performance may be submitted to the judgment of the
public expressly or by acts onthe part of the author which imply such
submission to the judgment of the public.Illustrations(a) A person who
publishes a book, submits that book to the judgment of the public.(b) A person
who makes a speech in public, submits that speech to the judgment of the
public.(c) An actor or singer who appears on a public stage, submits his acting
or singing to the judgment of the public.(d) A says of a book published by
Z—“Z’s book is foolish; Z must be a weak man. Z's book is indecent; Z must be a
man ofimpure mind.” A is within the exception, if he says this in good faith,
inasmuch as the opinion which he expresses of Z respects Z'scharacter only so
far as it appears in Z's book, and no further.(e) But if A says “I am not
surprised that Z's book is foolish and indecent, for he is a weak man and a
libertine.” A is not withinthis exception, inasmuch as the opinion which he
expresses of Z's character is an opinion not founded on Z's book.Seventh
Exception.—Censure passed in good faith by person having lawful authority
overanother.—It is not defamation in a person having over another any authority,
either conferred by law orarising out of a lawful contract made with that
other, to pass in good faith any censure on the conduct ofthat other in matters
to which such lawful authority relates.IllustrationAJudge censuring in good
faith the conduct of a witness, or of an officer of the Court; a head of a
department censuring ingood 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 aservant in good
faith for remissness in service; a banker censuring in good faith the cashier
of his bank for the conduct of suchcashier as such cashier- are within this
exception.Eighth Exception.—Accusation preferred in good faith to authorised
person.—It is not defamationto prefer in good faith an accusation against any
person to any of those who have lawful authority over thatperson with respect
to the subject-matter of accusation.IllustrationIf 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; ifA 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'sinterests.—It is
not defamation to make an imputation on the character of another provided that
theimputation be made in good faith for the protection of the interests of the
person making it, or of any otherperson, or for the public
good.Illustrations(a) A, a shopkeeper, says to B, who manages his
business—“Sell nothing to Z unless he pays you ready money, for I have
noopinion of his honesty.” A is within the exception, if he has made this
imputation on Z in good faith for the protection of his owninterests.(b) A, a
Magistrate, in making a report to his own superior officer, casts an imputation
on the character of Z. Here, if theimputation is made in good faith, and for the
public good, A is within the exception.Tenth Exception.—Caution intended for
good of person to whom conveyed or for public good.—It is not defamation to
convey a caution, in good faith, to one person against another, provided that
suchcaution be intended for the good of the person to whom it is conveyed, or
of some person in whom thatperson is interested, or for the public good.500.
Punishment for defamation.—Whoever defames another shall be punished with
simpleimprisonment for a term which may extend to two years, or with fine, or
with both.501. Printing or engraving matter known to be defamatory.—Whoever
prints or engraves anymatter, knowing or having good reason to believe that
such matter is defamatory of any person, shall bepunished with simple imprisonment
for a term which may extend to two years, or with fine, or with both.502. Sale
of printed or engraved substance containing defamatory matter.—Whoever sells
oroffers for sale any printed or engraved substance containing defamatory
matter, knowing that it containssuch matter, shall be punished with simple
imprisonment for a term which may extend to two years, or withfine, or with
both.117CHAPTER XXIIOF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE503. Criminal
intimidation.—Whoever threatens another with any injury to his person,
reputation orproperty, or to the person or reputation of any one in whom that
person is interested, with intent to causealarm to that person, or to cause
that person to do any act which he is not legally bound to do, or to omit todo
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
threatenedis interested, is within this section.IllustrationA, for the purpose
of inducing B to resist from prosecuting a civil suit, threatens to burn B's
house. A is guilty of criminalintimidation.504. Intentional insult with intent
to provoke breach of the peace.—Whoever intentionally insults,and thereby gives
provocation to any person, intending or knowing it to be likely that such
provocation willcause him to break the public peace, or to commit any other
offence, shall be punished with imprisonmentof either description for a term
which may extend to two years, or with fine, or with both.1[505. Statements
conducing to public mischief.—2[(1)] Whoever makes, publishes or circulates
anystatement, rumour or report,—(a) with intent to cause, or which is likely to
cause, any officer, soldier, 3[sailor or airman] in theArmy, 4[Navy or Air
Force] 5[of India] to mutiny or otherwise disregard or fail in his duty as
such; or(b) with intent to cause, or which is likely to cause, fear or alarm to
the public, or to any section ofthe public whereby any person may be induced to
commit an offence against the State or against thepublic tranquility; or(c)
with intent to incite, or which is likely to incite, any class or community of
persons to commitany offence against any other class or community,shall be
punished with imprisonment which may extend to 6[three years], or with fine, or
with both.7[(2) Statements creating or promoting enmity, hatred or ill-will
between classes.—Whoevermakes, publishes or circulates any statement or report
containing rumour or alarming news with intent tocreate 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 illwill between different religious, racial,
language or regional groups or castes or communities, shall bepunished 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 anoffence specified in sub-section (2) in any place of worship or in
any assembly engaged in the performanceof religious worship or religious
ceremonies, shall be punished with imprisonment which may extend tofive years
and shall also be liable to fine.]Exception.—It does not amount to an offence,
within the meaning of this section, when the personmaking, publishing or
circulating any such statement, rumour or report, has reasonable grounds
forbelieving that such statement, rumour or report is true and makes, publishes
or circulates it 2[in good faithand] without any such intent as aforesaid.]1.
Subs. by Act 4 of 1898, s. 6, for s. 505.2. Section 505 re-numbered as
sub-section (1) of that section by Act 35 of 1969, s. 3.3. Subs. by Act 10 of
1927, s. 2 and the First Sch., for “or sailor”.4. Subs. by s. 2 and the First
Sch., ibid., for “or Navy”.5. Subs. by the A. O. 1950, for “of Her Majesty or
in the Imperial Service Troops” The words “or in the Royal Indian
Marine”occurring after the word “Majesty” omitted by Act 35 of 1934, s. 2 and
Sch.6. Subs. by Act 41 of 1961, s. 4, for “two years”.7. Ins. by Act 35 of
1969, s. 3.118506. Punishment for criminal intimidation.—Whoever commits the
offence of criminal intimidationshall be punished with imprisonment of either
description for a term which may extend to two years, orwith fine, or with
both;If threat be to cause death or grievous hurt, etc.—and if the threat be to
cause death or grievous hurt,or to cause the destruction of any property by
fire, or to cause an offence punishable with death or1[imprisonment for life],
or with imprisonment for a term which may extend to seven years, or to
imputeunchastity to a woman, shall be punished with imprisonment of either
description for a term which mayextend to seven years, or with fine, or with
both.507. Criminal intimidation by an anonymous communication.—Whoever commits
the offence ofcriminal intimidation by an anonymous communication, or having
taken precaution to conceal the name orabode of the person from whom the threat
comes, shall be punished with imprisonment of either descriptionfor a term
which may extend to two years, in addition to the punishment provided for the
offence by thelast preceding section.508. Act caused by inducing person to
believe that he will be rendered an object of the Divinedispleasure.—Whoever
voluntarily causes or attempts to cause any person to do anything which
thatperson is not legally bound to do, or to omit to do anything which he is
legally entitled to do, by inducingor attempting to induce that person to
believe that he or any person in whom he is interested will becomeor will be
rendered by some act of the offender an object of Divine displeasure if he does
not do the thingwhich it is the object of the offender to cause him to do, or
if he does the thing which it is the object of theoffender to cause him to
omit, shall be punished with imprisonment of either description for a term
whichmay extend to one year, or with fine, or with both.Illustrations(a) A sits
dhurna at Z's door with the intention of causing it to be believed that, by so
sitting, he renders Z an object of Divinedispleasure. A has committed the
offence defined in this section.(b) A threatens Z that, unless Z performs a
certain act, A will kill one of A's own children, under such circumstances that
thekilling would be believed to render Z an object of Divine displeasure. A has
committed the offence defined in this section.509. Word, gesture or act
intended to insult the modesty of a woman.—Whoever, intending toinsult the
modesty of any woman, utters any words, makes any sound or gesture, or exhibits
any object,intending that such word or sound shall be heard, or that such
gesture or object shall be seen, by suchwoman, or intrudes upon the privacy of
such woman, 2[shall be punished with simple imprisonment for aterm which may
extend to three years, and also with fine].STATE AMENDMENTChhattisgarhAfter
Section 509 of the Penal Code, the following shall be inserted, namely: —509A.
Sexual harassment by relative.—Whoever, being related to a woman through blood,
adoptionor marriage, and not being her husband, takes the advantage of his
proximity and induces, seduces orthreatens such woman with intent to insult her
modesty by word, gesture or act shall be punished withrigorous imprisonment
which shall not be less than one year but which may extend to five years and
shallalso liable to fine.509B. Sexual harassment by electronic mode.—Whoever,
by means of telecommunication device orby any other electronic mode including
internet, makes creates, solicits or initiates the transmission of anycomment,
request, suggestion, proposal, image or other communication, which is obscene,
lewd, lascivious,filthy or indecent with intent to harass or cause or having
knowledge that it would harass or cause annoyanceor mental agony to a woman
shall be punished with rigorous imprisonment for a term which shall not beless
than six months but may extend to two years and shall also be liable to
fine.[Vide Chhattisgarh Act 25 of 2015, sec. 6].1. Subs. by Act 26 of 1955, s.
117 and the Sch., for “transportation” (w.e.f. 1-1-1956).2. Subs. by Act 13 of
2013, s. 10, for “shall be punished with simple imprisonment for a term which
may extend to one year, orwith fine, or with both” (w.e.f. 3-2-2013).119510. Misconduct
in public by a drunken person.—Whoever, in a state of intoxication, appears in
anypublic place, or in any place which it is a trespass in him to enter, and
there conducts himself in such amanner as to cause annoyance to any person,
shall be punished with simple imprisonment for a term whichmay extend to
twenty-four hours, or with fine which may extend to ten rupees, or with
both.CHAPTER XXIIIOF ATTEMPTS TO COMMIT OFFENCES511. Punishment for attempting
to commit offences punishable with imprisonment for life orother
imprisonment.—Whoever attempts to commit an offence punishable by this Code
with1[imprisonment for life] or imprisonment, or to cause such an offence to be
committed, and in such attemptdoes any act towards the commission of the
offence, shall, where no express provision is made by this Codefor the
punishment of such attempt, be punished with 2[imprisonment of any description
provided for theoffence, for a term which may extend to one-half of the
imprisonment for life or, as the case may be, onehalf of the longest term of
imprisonment provided for that offence], or with such fine as is provided for
theoffence, or with both.Illustrations(a) A makes an attempt to steal some
jewels by breaking open a box, and finds after so opening the box, that there
is no jewelin it. He has done an act towards the commission of theft, and
therefore is guilty under this section.(b) A makes an attempt to pick the
pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in
consequence ofZ's having nothing in his pocket. A is guilty under this
section.1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation”
(w.e.f. 1-1-1956).2. Subs. by s. 117 and the Sch., ibid., for certain words
(w.e.f. 1-1-1956).
