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+Text
+Indian Penal Code 1860
+Section 1. Title and extent of operation of the Code
+Act No. 45 of 1860.
+"This Act shall be called the Indian Penal Code, and shall [extend to the whole"
+1
+of India [except the State of Jammu and Kashmir].]
+2
+"1. The original words have successively been amended by Act 12 of 1891, sec. 2"
+"and Sch. I, the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above."
+"2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “except Part B States”."
+Section 2. Punishment of offences committed within India
+Every person shall be liable punishment under this Code and not otherwise for
+"every act or omission contrary to the provisions thereof, of which, he shall be"
+guilty within [India] [***].
+1 2
+1. The original words “the said territories” have successively been amended by
+"the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch.,"
+to read as above.
+"2. The words and figures “on or after the said first day of May, 1861” rep. by"
+"Act 12 of 1891, sec. 2 and Sch. I."
+"Section 3. Punishment of offences committed beyond, but which by law may be tried"
+"within, India"
+"Any person liable, by any (Indian law) to be tried for an offence committed"
+1
+beyond (India) shall be dealt with according to the provisions of this Code for
+2
+any act committed beyond (India) in the same manner as if such act had been
+2
+committed within [India].
+3
+1. Subs. by the A.O. 1937 for “law passed by the Governor General of India in
+Council”.
+2. 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, sec."
+"3 and Sch., to read as above."
+3. The original words “the said territories” have successively been amended by
+"the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch.,"
+to read as above.
+Section 4. Extension of Code to extra-territorial offences
+[4. Extension of Code to extra-territorial offences.
+1
+The provisions of this Code apply also to any offence committed by
+[(1) Any citizen of India in any place without and beyond India;
+2
+(2) Any person on any ship or aircraft registered in India wherever it may be.]
+Explanation. -In this section the word “offence” includes every act committed
+"outside [India] which, If committed in [India], would be punishable under"
+3 3
+this code.
+4[Illustration]
+"[*** A, [who is [a citizen of India]], commits a murder in Uganda. He can be"
+5 6 7
+tried and convicted of murder in any place in 3[India] in which he may be
+found.
+[* * *]
+8
+"1 Subs. by Act 4 of 1898, sec. 2, for the original section."
+"2 Subs. by the A.O. 1950, for clauses (1) to (4)."
+"3 The words “British India” have been successively amended by the A.O. 1948,"
+"the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above."
+"4 Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “Illustrations” (w.e.f. 17-9-"
+1957).
+"5 The brackets and letter “(a)” omitted by Act 36 of 1957, sec. 3 and Sch. II"
+(w.e.f. 17-9-1957).
+"6 Subs. by the A.O. 1948, for “a coolie, who is a Native Indian subject”."
+"7 Subs. by the A.O. 1950, for “a British subject of Indian domicile”."
+"8 Illustrations (b), (c) and (d) omitted by the A.O. 1950."
+Section 5. Certain laws not to be affected by this Act
+5. Certain laws not to be affected by this Act.- Nothing in this Act shall affect
+1
+"the provisions of any Act for punishing mutiny and desertion of officers,"
+"soldiers, sailors or airmen in the service of the Government of India or the"
+provisions of any special or local law.
+"1. Subs. by the A.O. 1950, for the original section."
+Section 6. Definitions in the Code to be understood subject to exceptions
+"Throughout this Code every definition of an offence, every penal provision,"
+and every illustration of every such definition or penal provision shall be
+understood subject to the exceptions contained in the Chapter entitled
+"“General Exceptions”, though those exceptions are not repeated in such"
+"definition, penal provision, or illustration."
+Illustrations
+"(a) The sections, in this Code, which contain definitions of offences, do not"
+express that a child under seven years of age can not commit such offences;
+but the definitions are to be understood subject to the general exception which
+provides that nothing shall be an offence which is done by a child under seven
+years of age.
+"(b) A, a police officer, without warrant, apprehends Z, who has committed"
+murder. Here A is not guilty of the offence of wrongful confinement for he was
+bound by law to apprehend Z and therefore the case falls within the general
+exception which provides that “nothing is an offence which is done by a person
+who is bound by law to do it”.
+Section 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.
+Section 8. Gender
+"The pronoun “he” and its derivatives are used of any person, whether male or"
+female.
+Section 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.
+"Section 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.
+Section 11. Person
+"The word “person” includes any Company or Association or body of persons,"
+whether incorporated or not.
+Section 12. Public
+The word “public” includes any class of the public or any community.
+Section 13. Queen
+[Definition of “Queen”.] Rep. by the A. O. 1950.
+Section 14. Servant of Government
+14. “Servant of Government”.- The words “servant of Government” denote any
+1
+"officer or servant continued, appointed or employed in India by or under the"
+authority of Government.
+"1. Subs. by the A.O. 1950, for the original section."
+Section 15. British India
+[Definition of “British India”.] Rep. by the A. O. 1937.
+Section 16. Government of India
+Rep. By the A.O. 1937.
+Section 17. Government
+17. “Government”.- The word “Government” denotes the Central Government
+1
+or the Government of a [***] State.
+2
+"1. Subs. by the A.O. 1950, for the original section."
+"2. The word and letter “Part A” omitted by Act 3 of 1951, sec. 3 and Sch."
+Section 18. India
+18. India.- “India” means the territory of India excluding the State of Jammu
+1
+and Kashmir.
+"1 Subs. by Act 3 of 1951, sec. 3 and Sch., for the former section which was ins."
+by the A.O. 1950. The original section 18 was rep. by the A.O. 1937.
+Section 19. Judge
+“Judge”.–The word “Judge” denotes not only every person who is officially
+"designated as a Judge, but also every person who is empowered by law to give,"
+"in any legal proceeding, civil or criminal, a definitive judgment, or a judgment"
+"which, if not appealed against, would be definitive, or a judgment which, if"
+"confirmed by some other authority, would be definitive, or"
+"who is one of a body of persons, which body of persons is empowered by law"
+to give such a judgment.
+Illustrations
+"(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a judge."
+(b) A Magistrate exercising jurisdiction in respect of a charge on which he has
+"power to sentence to fine or imprisonment, with or without appeal, is a judge."
+"(c) A member of a Panchayat which has power, under Regulation VII, 1816, of"
+1
+"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."
+–
+"1. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873)."
+Section 20. Court of Justice
+The words “Court of Justice” denote a judge who is empowered by law to act
+"judicially alone, or a body of judges, which is empowered by law to act"
+"judicially as a body, when such judge or body of judges is acting judicially"
+Illustration
+"A panchayat acting under Regulation VII, 1816, of the Madras Code, having"
+1
+"power to try and determine suits, is a Court of Justice."
+–
+"1. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873)."
+Section 21. Public Servant
+The words “public servant” denote a person falling under any of the
+descriptions hereinafter following namely:-
+[* ****]
+1
+"Second.- Every Commissioned Officer in the Military, [Naval or Air]"
+2
+Forces [ [* * *] of India];
+3 4
+"[Third.- Every Judge including any person empowered by law to discharge,"
+5
+"whether by himself or as a member of any body of persons, any adjudicatory"
+function;]
+"Fourth.- Every officer of a Court of justice [(including a liquidator, receiver or"
+6
+"commissioner)] whose duty it s, as such officer, to investigate or report on any"
+"matter of law or fact, or to make, authenticate, or keep any document, or to"
+"take charge or dispose of any property, or to execute any judicial process, or to"
+"administer any oath, or to interpret, or to preserve order in the Court, and"
+every person specially authorized by a Court of Justice to perform any of such
+duties.
+"Fifth.- Every juryman, assessor, or member of a panchayat assisting a Court of"
+justice or public servant;
+Sixth.- Every arbitrator or other person to whom any cause or matter has been
+"referred for decision or report by any Court of justice, or by any other"
+competent public authority;
+Seventh.- Every person who holds any office by virtue of which he is
+empowered to place or keep any person in confinement;
+"Eight. -Every officer of [the Government] whose duty it is, as such officer, to"
+7
+"prevent offences, to give information of offences, to bring offenders to justice,"
+"or to protect the public health, safety or convenience;"
+"Ninth.- Every officer whose duty it is, as such officer, to take, receive, keep or"
+"extend any property on behalf of [the Government], or to make any survey,"
+7
+"assessment or contract on behalf of the [the Government], or to execute any"
+7
+"revenue process, or to investigate, or to report, on any matter affecting the"
+"pecuniary interests of [the Government], or to make, authenticate or keep any"
+7
+"document relating to the pecuniary interests of [the Government], or to"
+7
+prevent the infraction of any law for the protection of the pecuniary interests
+of [the Government] [***];.
+7 8
+"Tenth. – Every officer whose duty it is, as such officer, to take, receive, keep or"
+"expend any property, to make any survey or assessment or to levy any rate or"
+"tax for any secular common purpose of any village, town or district, or to"
+"make, authenticate or keep any document for the ascertaining of the rights of"
+"the people of any village, town or district;"
+[Eleventh.- Every persons who holds any office in virtue of which he is
+9
+"empowered to prepare, publish maintain or revise an electoral roll or to"
+conduct an election or part of an election; ]
+[twelfth.- Every person.
+10
+(a) In the service or pay of the Government or remunerated by fees or
+commission for the performance of any public duty by the Government;
+"(b) In the service or pay of a local authority, a corporation established by or"
+"under a Central, Provincial or State Act or a Government company as defined"
+"in section 617 of the Companies Act, 1956 (1 of 1956.]"
+Illustration
+A Municipal Commissioner is a public servant.
+Explanation 1
+"Persons falling under any of the above descriptions are public servants,"
+whether appointed by the Government or not.
+Explanation 2
+"Wherever the words “public servant” occur, they shall be understood of every"
+"person who is in actual possession of the situation of a public servant,"
+whatever legal defect there may be in his right to hold that situation.
+Explanation 3
+11
+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.
+[***]
+12
+STATE AMENDMENT
+State of Rajasthan
+"In Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860), in its"
+"application to the State of Rajasthan, after clause twelfth, the following new"
+clause shall be added namely: –
+“Thirteenth.- Every person employed or engaged by any public body in the
+conduct and supervision of any examination recognized or approved under
+any law.
+Explanation
+The expression ‘Public Body’ includes:-
+"(a) A University, Board of Education, or other body, either established by or"
+under a Central or State Act or under the provisions of the Constitution of
+India or constituted by the Government; and
+(b) A local authority.”
+"[Vide Rajasthan Act, 1993 4 of 1993, Sec. 2 (w.e.f. 11-2-1993)]."
+1. Clause First omitted by the A.O. 1950.
+"2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Naval”."
+3. The original words “of the Queen while serving under the Government of
+"India, or any Government” have successively been amended by the A.O. 1937,"
+the A.O. 1948 and the A.O. 1950 to read as above.
+4. The words “of the Dominion” omitted by the A.O. 1950.
+"5. Subs. by Act 40 of 1964, sec. 2, for the former clause (w.e.f. 18-12-1964)."
+"6. Ins. by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964)."
+"7. Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A.O."
+"1937, for “Government”."
+"8. Certain words omitted by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964)."
+"9. Ins. by Act 39 of 1920, sec. 2."
+"10. Subs. by Act 40 of 1964, sec. 2, for the former clause (w.e.f. 18-12-1964)."
+"11. Ins. by Act 39 of 1920, sec. 2."
+"12. Explanation 4 ins. by Act 2 of 1958, sec. 2 (w.e.f. 12-2-1958) and omitted by"
+"Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964)."
+Section 22. Moveable property
+The words “moveable property” are intended to include corporeal property of
+"every description, except land and things attached to the earth or permanently"
+"fastened to anything, which is attached to the earth."
+Section 23. Wrongful gain
+23. “Wrongful gain”.–“Wrongful gain” is gain by unlawful meansof property to
+which the person gaining is not legally entitled.
+“Wrongful loss”.–“Wrongful loss” is the loss by unlawful meansof property to
+which the person losing it is legally entitled. Gaining wrongfully.
+Losing wrongfully.–A person is said to gainwrongfully when such person
+"retains wrongfully, as well as when suchperson acquires wrongfully."
+A person is said to lose wrongfully whensuch person is wrongfully kept out of
+"any property, as well as whensuch person is wrongfully deprived of property."
+Section 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”.
+Section 25. Fraudulently
+A person is said to do a thing fraudulently if he does that thing with intent to
+defraud but not otherwise.
+Section 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.
+"Section 27. Property in possession of wife, clerk or servant"
+"When property is in the possession of a person’s wife, clerk or servant, on"
+"account of that person, it is in that person’s possession within the meaning of"
+this Code.
+Explanation
+A person employed temporarily or on a particular occasion in the capacity of a
+"clerk or servant, is a clerk or servant within the meaning of this section."
+Section 28. Counterfeit
+A person is said to “counterfeit” who causes one thing to resemble another
+"thing, intending by means of that resemblance to practice deception, or"
+knowing it to be likely that deception will thereby be practiced.
+Explanation 1
+1
+It is not essential to counterfeiting that the imitation should be exact.
+Explanation 2
+"When a person causes one thing to resemble another thing, and the"
+"resemblance is such that a person might be deceived thereby, it shall be"
+"presumed, until the contrary is proved, that the person so causing the one"
+thing to resemble the other thing intended by means of that resemblance to
+practice deception or knew it to be likely that deception would thereby be
+practiced.
+"1. Subs. by Act 1 of 1889, sec. 9, for the original Explanation."
+Section 29. Document
+The word “document” denotes any matter expressed or described upon any
+"substance by means of letters, figures, or marks, or by more than one of those"
+"means, intended to be used, or which may be used, as evidence of that matter."
+Explanation 1
+"It is immaterial by what means or upon what substance the letters, figures or"
+"marks are formed, or whether the evidence is intended for, or may be used in,"
+"a Court of Justice, or not."
+Illustrations
+"A writing expressing the terms of a contract, which may be used as evidence of"
+"the contract, is a document."
+A cheque upon a banker is a document.
+A power-of-attorney is a document.
+"A map or plan which is intended to be used or which may be used as evidence,"
+is a document.
+A writing containing directions or instructions is a document.
+Explanation 2
+"Whatever is expressed by means of letters, figures or marks as explained by"
+"mercantile or other usage, shall be deemed to be expressed by such letters,"
+"figures or marks within the meaning of this section, although the same may"
+not be actually expressed.
+Illustration
+A writes his name on the back of a bill of exchange payable to his order. The
+"meaning of the endorsement, as explained by mercantile usage, is that the bill"
+"is to be paid to the holder. The endorsement is a document, and must be"
+construed in the same manner as if the words “pay to the holder” or words to
+that effect had been written over the signature.
+Section 29A. Electronic record
+29A. Electronic record.- The words “electronic record” shall have the meaning
+1
+assigned to them in clause (t) of sub-section (1) of section 2 of the Information
+"Technology Act, 2000."
+"1. Ins. by Act 21 of 2000, sec. 91 and Sch. I, (w.e.f. 17-10-2000)."
+Section 30. Valuable security
+"The words “valuable security” denote a document which is, or purports to be, a"
+"document whereby any legal right is created, extended, transferred, restricted,"
+"extinguished or released, or where by any person acknowledges that he lies"
+"under legal liability, or has not a certain legal right."
+Illustration
+A writes his name on the back of a bill of exchange. As the effect of this
+endorsement is transfer the right to the bill to any person who may become
+"the lawful holder of it, the endorsement is a “valuable security”."
+Section 31. A will
+The words “a will” denote any testamentary document.
+Section 32. Words referring to acts include illegal omissions
+"In every part of this Code, except where a contrary intention appears from the"
+"context, words which refer to acts done extend also to illegal omissions."
+Section 33. Act Omission
+The word “act” denotes as well a series of acts as a single act: the word
+“omission” denotes as well as series of omissions as a single omission.
+Section 34. Acts done by several persons in furtherance of common intention
+34. Acts done by several persons in furtherance of common intention.- When
+1
+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.
+Distinction between ’common intention’ and ‘common object’
+A clear distinction is made out between common intention and common
+object is that common intention denotes action in concert and necessarily
+postulates the existence of a pre-arranged plan implying a prior meeting of the
+"minds, while common object does not necessarily require proof of prior"
+meeting of minds or pre-concert. Though there is a substantial difference
+"between the two sections namely 34 and 149, they also to some extent overlap"
+and it is a question to be determined on the facts of each case; Chittarmal v.
+"State of Rajasthan, AIR 2003 SC 796."
+Difference in operation of section 34 and section 149
+(i) Both sections 149 and 34 deal with a combination of persons who become
+liable to be punished as sharers in the commission of offences. The non-
+"applicability of section is, therefore, no bar in convicting the accused under"
+substantive section read with section 34 if the evidence discloses commission
+of an offence in furtherance of the common intention of them all; Nethala
+"Pothuraju v. State of Andhra Pradesh, (1991) Cr LJ 3133 (SC)."
+(ii) In order to convict a person vicariously liable under section 34 or section
+149 it is not necessary to prove that each and everyone of them had indulged
+"in overts acts; Ram Blias Singh v. State of Bihar, (1989) Cr LJ 1782: AIR 1989"
+SC 1593.
+Ingredients
+"(i) When an offence is sought to be proved only on circumstantial evidence,"
+the allegations of common intention under section 34 normally cannot be
+"established in absence of meeting of mind, the overt act of the accused, by"
+"their conduct, by using the weapons by their utterance of words; Santosh"
+"Desai v. State of Goa, (1997) 2 Crimes 666 (Bom)."
+(ii) In order to bring a case under section 34 it is not necessary that there must
+"be a prior conspiracy or pre-meditation, the common intention can be formed"
+"in the course of occurrence; Hari Om v. State of Uttar Pradesh, (1993) 1"
+Crimes 294 (SC).
+(iii) Mere surrender by appellant alongwith accused before police does not
+show meeting of minds as to bring the case within ambit of section 34;
+"Rangaswami v. State of Tamil Nadu, (1989) Cr LJ 875: AIR 1989 SC 1137."
+(iv) It has been held that the requirement of statute is sharing the common
+intention upon being present at the place of occurrence. Mere distancing from
+"the scene cannot absolve the accused; Lallan Bhai v. State of Bihar, AIR 2003"
+SC 333.
+Participation in the Criminal Act
+"(i) To apply section 34, apart from the fact that there should be two or more"
+"accused, two factors must be established: (i) common intention, and (ii)"
+participation of accused in the commission of an offence. If common intention
+"is proved but no overt act is attributed to the individual accused, section 34"
+will be attracted as essentially it involves vicarious liability but if participation
+"of the accused in the crime is proved and common intention is absent, section"
+"34 cannot be invoked; Jai Bhagwan v. State of Haryana, AIR 1999 SC 1083."
+(ii) It requires a pre-arranged plan and pre-supposes prior concert therefore
+there must be prior meeting of mind. It can also be developed at the spur of
+moment but there must be pre-arrangement or premeditated concert:
+"Ramashish Yadav v. State of Bihar, 1999 (8) SCC 555: 1999(6) JT 560: 1999"
+(2) JCC (SC) 471.
+(iii) If some act is done by the accused person in furtherance of common
+"intention of his co-accused, he is equally liable like his co-accused; State of"
+"Punjab v. Fauja Singh, (1997) 3 Crimes 170 (P&H)."
+"(iv) In the instant case, there was a long standing enmity between two rival"
+"factions in a village, and proceedings under the Criminal Procedure Code were"
+pending against members of both factions. On the day fixed for a hearing in
+"the Magistrate’s Court in a neighbouring town, members of both factions left"
+their village armed with sticks and lathis. While one faction was waiting on the
+"roadside for a bus, the other faction arrived and a fight ensued in which severe"
+"injuries were caused on both sides, as a result of which one man died. The"
+members of the opposite faction were charged and convicted under sections
+302/34 I.P.C. It was held that the mere presence of a person armed with a
+deadly weapon at the spot of a crime does not necessarily make him a
+"participator in a joint crime in every case, because for the purpose of section"
+34 only such presence makes a man a participant in a joint crime as is
+established to be with the intention of lending weight to the commission of a
+"joint crime; Jamun v. State of Punjab, AIR 1957 SC 469."
+–
+"1. Subs. by Act 27 of 1870, sec. 1, for the original section.>"
+Section 35. When such an act is criminal by reason of its being done with a criminal
+knowledge or intention
+"Whenever an act, which is criminal only be reason of its being done with a"
+"criminal knowledge or intention, is done by several persons, each of such"
+persons who joins in the act with such knowledge or intention is liable for the
+act in the same manner as if the act were done by him alone with that
+knowledge or intention.
+Section 36. Effect caused partly by act and partly by omission
+"Wherever the causing of a certain effect, or an attempt to cause that effect, by"
+"an act or by an omission, is an offence, it is to be understood that the causing"
+of that effect partly by an act and partly by an omission is the same offence.
+Illustration
+"A intentionally causes Z’s death, partly by illegally omitting to give Z food, and"
+partly by beating Z. A has committed murder.
+Section 37. Co-operation by doing one of several acts constituting an offence
+"When an offence is committed by means of several acts, whoever intentionally"
+"co-operates in the commission of that offence by doing any one of those acts,"
+either singly or jointly with any other person commits that offence.
+Illustrations
+(a) A and B agree to murder Z by severally and at different times giving him
+small doses of poison. A and B administer the poison according to the
+agreement with intent to murder Z. Z dies from the effects of the several doses
+of poison so administered to him. Here A and B intentionally co-operates in
+the commission of murder and as each of them does an act by which the death
+"is caused, they are both guilty of the offence though their acts are separate."
+"(b) A and B are joint jailors, and as such have the charge of Z, a prisoner,"
+"alternately for six hours at a time. A and B, intending to cause Z’s death,"
+"knowingly co-operate in causing that effect by illegally omitting, each during"
+"the time of his attendance, to furnish Z with food supplied to them for that"
+purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
+"(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death"
+illegally omits to supply Z with food in consequence of which Z is much
+"reduced in strength, but the starvation is not sufficient to cause his death. A is"
+"dismissed from his office, and B succeeds him. B, without collusion or co-"
+"operation with A, illegally omits to supply Z with food, knowing that he is"
+"likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as"
+A did not co-operate with B. A is guilty only of an attempt to commit murder.
+Section 38. Persons concerned in criminal act may be guilty of different offences
+Where several persons are engaged or concerned in the commission of a
+"criminal act, they may be guilty of different offences by means of that act."
+Illustration
+A attacks Z under such circumstances of grave provocation that his killing of Z
+"would be only culpable homicide not amounting to murder. B, having ill-will"
+"towards Z and intending to kill him, and not having been subject to the"
+"provocation, assists A in killing Z. Here, though A and B are both engaged in"
+"causing Z’s death, B is guilty of murder, and A is guilty only of culpable"
+homicide.
+Section 39. Voluntarily
+A person is said to cause an effect “voluntarily” when he causes it by means
+"whereby he intended to cause it, or by means which, at the time of employing"
+"those means, he knew or had reason to believe to be likely to cause it."
+Illustration
+"A sets fire, by night, to an inhabited house in a large town, for the purpose of"
+"facilitating a robbery and thus causes the death of a person. Here, A may not"
+have intended to cause death; and may even be sorry that death has been
+"caused by his act; yet, if he knew that he was likely to cause death, he has"
+caused death voluntarily.
+Section 40. Offence
+40 “Offence”.- Except in the [Chapters] and sections mentioned in clauses 2
+1 2
+"and 3 of this section, the word “offence” denotes a thing made punishable by"
+this code.
+"In Chapter IV, [Chapter V A] and in the following sections, namely"
+3
+"Sections [64, 65, 66, [67], 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195,"
+4 5
+"203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348,"
+"388, 389 and 445, the words “offence” denotes a thing punishable under this"
+"Code, or under any special or local law as hereinafter defined."
+"And in Sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence”"
+has the same meaning when the thing punishable under the special or local
+law is punishable under such law with imprisonment for a term of six months
+"or upwards, whether with or without fine."
+"1. Subs. by Act 27 of 1870, sec. 1, for the original section."
+"2. Subs. by Act 8 of 1930, sec. 2 and Sch. I, for “Chapter”."
+"3. Ins. by Act 8 of 1913, sec. 2."
+"4. Ins. by Act 8 of 1882, sec. 1."
+"5. Ins. by Act 10 of 1886, sec. 21(1)."
+Section 41. Special law
+A “special law” is a law applicable to a particular subject.
+Section 42. Local law
+A “local law” is a law applicable only to a particular part of [ [***] [India]].
+1 2 3
+–
+"1. Subs. by the A.O. 1948, for “British India”."
+"2. The words “the territories comprised in” omitted by Act 48 of 1952, sec. 3"
+and Sch. II (w.e.f. 2-8-1952).
+"3. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” which had been subs."
+"by the A.O. 1950, for “the Provinces”."
+"Section 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.
+Section 44. Injury
+"The word “injury” denotes any harm whatever illegally caused to any person,"
+"in body, mind, reputation or property."
+Section 45. Life
+"The word “life” denotes the life of a human being, unless the contrary appears"
+from the context.
+Section 46. Death
+The word “death” denotes the death of a human being unless the contrary
+appears from the context.
+Section 47. Animal
+"The word “animal” denotes any living creature, other than a human being."
+Section 48. Vessel
+The word “vessel” denotes anything made for the conveyance by water of
+human beings or of property.
+"Section 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.
+Section 50. Section
+The word “section” denotes one of those portions of a chapter of this Code
+which are distinguished by prefixed numeral figures.
+Section 51. Oath
+"The word “oath” includes a solemn affirmation substituted by law for an oath,"
+and any declaration required or authorized by law to be made before a public
+"servant or to be used for the purpose of proof, whether in a Court of Justice or"
+not.
+Section 52. Good faith
+Nothing is said to be done or believed in “good faith” which is done or believed
+without due care and attention.
+Section 52A. Harbour
+"52A “Harbour”.- Except in Section 157, and in Section 130 in the case in"
+1
+"which the harbour is given by the wife or husband of the person harboured,"
+"the word “harbour” includes the supplying a person with shelter, food, drink,"
+"money, clothes, arms, ammunition or means of conveyance, or the assisting a"
+"person by any means, whether of the same kind as those enumerated in this"
+"section or not, to evade apprehension."
+"1. Ins. by Act 8 of 1942, sec. 2 (w.e.f. 14-2-1942)."
+Section 53. Punishment
+The punishments to which offenders are liable under the provisions of this
+Code are
+First.— Death;
+[Secondly.—Imprisonment for life;]
+1
+[***]
+2
+"Fourthly. —Imprisonment, which is of two descriptions, namely:"
+"(1) Rigorous, that is, with hard labour;"
+(2) Simple;
+Fifthly. —Forfeiture of property;
+Sixthly. —Fine.
+Reformative theory
+(i) The reformative approach to punishment should be the object of criminal
+"law, in order to promote rehabilitation without offending communal"
+"conscience and to secure social justice; Narotam Singh v. State of Punjab, AIR"
+1978 SC 1542.
+"(ii) The punishment till the rising of the Court, for the offence of grievous hurt"
+"and related offences, committed conjointly on a group by an accused person"
+"which had resulted in the hospitalisation of victim for four weeks, did not"
+"conform to any rational legal theory of behaviour, much less the reformatory"
+"theory of punishment; Raman v. Francis, (1988) Cr LJ 1359 (Ker)."
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “Secondly—Transportation”"
+(w.e.f. 1-1-1956).
+"2. Clause “Thirdly” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949)."
+Section 53A. Construction of reference to transportation
+53A. Construction of reference to transportation.- (1) Subject to the
+1
+"provisions of sub-section (2) and sub-section (3), any reference to"
+“transportation for life” in any other law for the time being in force or in any
+instrument or order having effect by virtue of any such law or of any
+enactment repealed shall be construed as a reference to “imprisonment for
+life”.
+(2) In every case in which a sentence of transportation for a term has been
+passed before the commencement of the Code of Criminal Procedure
+"(Amendment) Act, [1955] (26 of 1955), the offender shall be dealt with in the"
+2
+same manner as if sentenced to rigorous imprisonment for the same term.
+(3) Any reference to transportation for a term or to transportation for any
+shorter term (by whatever name called) in any other law for the time being in
+force shall be deemed to have been omitted.
+(4) Any reference to “transportation” in any other law for the time being in
+"force shall,-"
+"(a) If the expression means transportation for life, be construed as a reference"
+to imprisonment for life;
+"(b) If the expression means transportation for any shorter term, be deemed to"
+have been omitted.
+"1. Ins. by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956)."
+"2. Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “1954” (w.e.f. 17-9-1957)."
+Section 54. Commutation of sentence of death
+"In every case in which sentence of death shall have been passed, [the"
+1
+"appropriate Government] may, without the consent of the offender, commute"
+the punishment for any other punishment provided by this code.
+"1. Subs. by the A.O. 1950, for “the Central Government or the Provincial"
+Government of the Province within which the offender shall have been
+"sentenced”. The words in italics were subs. by the A.O. 1937, for “the"
+Government of India or the Government of the place”.
+Section 55. Commutation of sentence of imprisonment for life
+In every case in which sentence of [imprisonment] for life shall have been
+1
+"passed, [the appropriate Government] may, without the consent of the"
+2
+"offender, commute the punishment for imprisonment of either description for"
+a term not exceeding fourteen years.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation” (w.e.f. 1-1-"
+1956).
+"2. Subs. by the A.O. 1950, for “the Provincial Government of the Province"
+within which the offender shall have been sentenced”. The words in italics
+"were subs. by the A.O. 1937, for “the Government of India or the Government"
+of the place”.
+Section 55A. Definition of appropriate Government
+55A. Definition of “appropriate Government”.- In sections fifty-four and fifty-
+1
+"five the expression “appropriate Government” means, –"
+(a) In case where the sentence is a sentence of death or is for an offence
+against any law relating to a matter to which the executive power of the Union
+"extends, the Central Government; and"
+(b) In case where the sentence (whether of death or not) is for an offence
+against any law relating to a matter to which the executive power of the State
+"extends, the Government of the State within which the offender is sentenced."
+"1. Subs. by the A.O. 1950, for section 55A which had been ins. by the A.O."
+1937.
+Section 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).]"
+Section 57. Fractions of terms of punishment
+"In calculating fractions of terms of punishment, [imprisonment] for life shall"
+1
+be reckoned as equivalent to [imprisonment] for twenty years.
+1
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation” (w.e.f. 1-1-"
+1956).
+Section 58. Offenders sentenced to transportation how dealt with until transported
+"[Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), see. 117and Sch. (w.e.f. 1-1-"
+1956).
+Section 59. Transportation instead of imprisonment.
+"[Rep. by the Code of Criminal procedure(Amendment) Act, 1955(26 0f 1955), s.117 and Sch.. (w.e.f."
+1.1.1956).]
+Section 60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous
+or simple
+In every case in which an offender is punishable with imprisonment which
+"may be of either description, it shall be competent to the Court which"
+sentences such offender to direct in the sentence that such imprisonment shall
+"be wholly rigorous, or that such imprisonment shall be wholly simple, or that"
+any part of such imprisonment shall be rigorous and the rest simple
+Section 61. Sentence of forfeiture of property
+"[Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921), sec. 4.]"
+"Section 62. Forfeiture of property, in respect of offenders punishable with death,"
+transportation or imprisonment
+"Rep. by the Indian Penal Code (Amendment) Act, 1921 (16of 1921), sec. 4."
+Section 63. Amount of fine
+"Where no sum is expressed to which a fine may extend, the amount of fine to"
+"which the offender is liable is unlimited, but shall not be excessive."
+Section 64. Sentence of imprisonment for non-payment of fine
+"[In every case, of an offence punishable with imprisonment as well as fine, in"
+1
+"which the offender is sentenced to a fine, whether with or without"
+"imprisonment,"
+"and in every case of an offence punishable [with imprisonment or fine, or]"
+2
+"with fine only, in which the offender is sentenced to a fine,]"
+it shall be competent to the Court which sentences such offender to direct by
+"the sentence that, in default of payment of the fine, the offender shall suffer"
+"imprisonment for a certain term, in which imprisonment shall be in excess of"
+any other imprisonment to which he may have been sentenced or to which he
+may be liable under a commutation of a sentence.
+–
+"1. Subs. by Act 8 of 1882, sec. 2, for “In every case in which an offender is"
+sentenced to a fine”.
+"2. Ins. by Act 10 of 1886, sec. 21(2)."
+"Section 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.
+Section 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.
+Section 67. Imprisonment for non-payment of fine when offence punishable with fine
+only
+"If the offence be punishable with fine only, [the imprisonment which the"
+1
+"Court imposes in default of payment of the fine shall be simple, and] the term"
+"for which the Court directs the offender to be imprisoned, in default of"
+"payment of fine, shall not exceed the following scale, that is to say, for any"
+terms not exceeding two months when the amount of the fine shall not exceed
+"fifty rupees, and for any terms not exceeding four months when the amount"
+"shall not exceed one hundred rupees, and for any term not exceeding six"
+months in any other case.
+–
+"1. Ins. by Act 8 of 1882, sec. 3."
+Section 68. Imprisonment to terminate on payment of fine
+The imprisonment which is imposed in default of payment of a fine shall
+terminate when ever that fine is either paid or levied by process of law.
+Section 69. Termination of imprisonment on payment of proportional part of fine
+"If, before the expiration of the term of imprisonment fixed in default of"
+"payment, such a proportion of the fine be paid or levied that the term of"
+imprisonment suffered in default of payment is not less than proportional to
+"the part of the fine still unpaid, the imprisonment shall terminate."
+Illustration
+A is sentenced to a fine of one hundred rupees and to four month’
+"imprisonment in default of payment. Here, if seventy-five rupees of the fine be"
+paid or levied before the expiation of one month of the imprisonment. A will
+be discharged as soon as the first month has expired. If seventy-five rupees be
+"paid or levied at the time of the expiration of the first month, or at any later"
+time while A continues in imprisonment. A will be immediately discharged. If
+fifty rupees of the fine be paid or levied before the expiration of two months of
+"the imprisonment, A will be discharged as soon as the two months are"
+completed. If fifty rupees be paid or levied at the time of the expiration of
+"those two months, or at any later time while A continues in imprisonment, A"
+will be immediately discharged.
+"Section 70. Fine levied within six years, or during imprisonment- Death not to discharge"
+property from liability
+"The fine, or any part thereof which remains unpaid, may e levied at any time"
+"within six years after the passing of the sentence, and if, under the sentence,"
+"the offender be liable to imprisonment for a longer period than six years, then"
+at any time previous to the expiration of that period; and the death of the
+"offender does not discharge from the liability any property which would, after"
+"his death, be legally liable for his debts."
+Section 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."
+[Where anything is an offence falling within two or more separate definitions
+1
+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.
+"1. Added by Act 8 of 1882, sec. 4."
+"Section 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.
+Section 73. Solitary confinement
+Whenever any person is convicted of an offence for which under this Code the
+"Court has power to sentence him to rigorous imprisonment, the Court may, by"
+"its sentence, order that the offender shall be kept in solitary confinement for"
+"any portion or portions of the imprisonment to which he is sentenced, not"
+"exceeding three months in the whole, according to the following scale, that is"
+to say
+a time not exceeding one month if the term of imprisonment shall not exceed
+six months;
+a time not exceeding two months if the term of imprisonment shall exceed six
+months and [shall not exceed one] year;
+1
+a time not exceeding three months if the term of imprisonment shall exceed
+one year.
+"1. Subs. by Act 8 of 1882, sec. 5, for “be less than a”."
+Section 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.
+Section 75. Enhanced punishment for certain offences under Chapter XII or Chapter
+XVII after previous conviction
+75. Enhanced punishment for certain offences under Chapter XII or Chapter
+1
+"XVII after previous conviction.- Whoever, having been convicted,"
+"(a) by a Court in [India], of an offence punishable under Chapter XII or"
+2
+Chapter XVII of this Code with imprisonment of either description for a term
+"of three years or upwards, [***]"
+3
+[***]
+3
+shall be guilty of any offence punishable under either of those Chapters with
+"like imprisonment for the like term, shall be subject for every such subsequent"
+"offence to [imprisonment for life], or to imprisonment of either description"
+4
+for a term which may extend to ten years.]
+"1. Subs. by Act 3 of 1910, sec. 2, for the original section."
+"2. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+3. The word “or” at the end of clause (a) and clause (b) omitted by Act 3 of
+"1951, sec. 3 and Sch."
+"4. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 76. Act done by a person bound, or by mistake of fact believing himself bound, by"
+law
+"Nothing is an offence which is done by a person who is, or who by reason of a"
+mistake of fact and not by reason of a mistake of law in good faith believes
+"himself to be, bound by law to do it."
+Illustrations
+"(a) A, a soldier, fires on a mob by the order of his superior officer, in"
+conformity with the commands of the law. A has committed no offence.
+"(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y,"
+"and, after due enquiry, believing Z to be Y, arrests Z. A has Committed no"
+offence.
+Section 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.
+Section 78. Act done pursuant to the judgment or order of Court
+"Nothing which is done in pursuance of, or which is warranted by the judgment"
+"or order of, a Court of Justice ; if done whilst such judgment or order remains"
+"in force, is an offence, notwithstanding the Court may have had no jurisdiction"
+"to pass such judgment or order, provided the person doing the act in good"
+faith believes that the Court had such jurisdiction.
+"Section 79. Act done by a person justified, or by mistake of fact believing himself"
+"justified, by law"
+"Nothing is an offence which is done by any person who is justified by law, or"
+who by reason of a mistake of fact and not by reason of a mistake of law in
+"good faith, believes himself to be justified by law, in doing it."
+Illustration
+"A sees Z commit what appears to A to be a murder. A, in the exercise, to the"
+"best of his judgment exerted in good faith, of the power which the law gives to"
+"all person of apprehending murderers in the fact, seizes Z, in order to bring Z"
+"before the proper authorities. A has committed no offence, though it may turn"
+out that Z was acting in self-defence.
+Section 80. Accident in doing a lawful act
+"Nothing is an offence which is done by accident or misfortune, and without"
+any criminal intention or knowledge in the doing of a lawful act in a lawful
+manner by lawful means and with proper care and caution.
+Illustration
+A is at work with a hatchet; the head flies off and kills a man who is standing
+"by. Here, if there was no want of proper caution on the part of A, his act is"
+excusable and not an offence.
+"Section 81. Act likely to cause harm, but done without criminal intent, and to prevent"
+other harm
+Nothing is an offence merely by reason of its being done with the knowledge
+"that it is likely to cause harm, it if be done without any criminal intention to"
+"cause harm, and in good faith for the purpose of preventing or avoiding other"
+harm to person or property.
+Explanation
+It is question of fact in such a case whether the harm to be prevented or
+avoided was of such a nature and so imminent as to justify or excuse the risk
+of doing the act with the knowledge that it was likely to cause harm.
+Illustrations
+"(a) A, the captain of a steam vessel, suddenly and without any fault or"
+"negligence on his part, finds himself in such a position that, before he can stop"
+"his vessel, he must inevitably run down a boat B, with twenty or thirty"
+"passengers on board, unless he changes the course of his vessel, and that, by"
+"changing his course, he must incur risk of running down a boat C with only"
+"two passengers on board, which he may possibly clear. Here, if A alters his"
+course without any intention to run down the boat C and in good faith for the
+"purpose of avoiding the danger to the passengers in the boat B, he is not guilty"
+"of an offence, though he may run down the boat C by doing an act which he"
+"knew was likely to cause that effect, if it be found as a matter of fact that the"
+danger which he intended to avoid was such as to excuse him in incurring the
+risk of running down the boat C.
+"(b) A, in great fire, pulls down houses in order to prevent the conflagration"
+from spreading. He does this with the intention in good faith of saving human
+"life or property. Here, if it be found that the harm to be prevented was of such"
+a nature and so imminent as to excuse A’s act. A is not guilty of the offence.
+Section 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.
+Section 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
+Section 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.
+Section 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.
+Section 86. Offence requiring a particular intent of knowledge committed by one who is
+intoxicated
+In cases where an act done is not an offence unless done with a particular
+"knowledge or intent, a person who does the act in a state of intoxication shall"
+be liable to be dealt with as if he had the same knowledge as he would have
+"had if he had not been intoxicated, unless the thing which intoxicated him was"
+administered to him without his knowledge or against his will.
+"Section 87. Act not intended and not known to be likely to cause death or grievous hurt,"
+done by consent
+"Nothing which is not intended to cause death, or grievous hurt, and which is"
+"not known by the doer to be likely to cause death or grievous hurt, is an"
+"offence by reason of any harm which it may cause, or be intended by the doer"
+"to cause, to any person, above eighteen years of age, who has given consent,"
+"whether express or implied, to suffer that harm; or by reason of any harm"
+which it may be known by the doer to be likely to cause to any such person
+who has consented to take the risk of that harm.
+Illustration
+A and Z agrees to fence with each other for amusement. This agreement
+"implies the consent of each to suffer any harm which, in the course of such"
+"fencing, may be caused without foul play ; and if A, while playing fairly, hurts"
+"Z, A commits no offence."
+"Section 88. Act not intended to cause death, done by consent in good faith for person’s"
+benefit.
+"Nothing which is not intended to cause death, is an offence by reason of any"
+"harm which it may cause, or be intended by the doer to cause, or be known by"
+"the doer to be likely to cause, to any person for whose benefit it is done in good"
+"faith, and who has given a consent, whether express or implied, to suffer that"
+"harm, or to take the risk of that harm"
+Illustration
+"A, a surgeon, knowing that a particular operation is likely to cause the death of"
+"Z, who suffers under a painful complaint, but not intending to cause Z’s death,"
+"and intending in good faith, Z’s benefit performs that operation on Z, with Z’s"
+consent. A has committed no offence.
+"Section 89. Act done in good faith for benefit of child or insane person, by or by consent"
+of guardian
+Nothing which is done in good faith for the benefit of a person under twelve
+"years of age, or of unsound mind, by or by consent, either express or implied,"
+"of the guardian or other person having lawful charge of that person, is an"
+"offence by reason of any harm which it may cause, or be intended by the doer"
+to cause or be known by the doer to be likely to cause to that person :
+Provisos—Provided
+First.— That this exception shall not extend to the intentional causing of
+"death, or to the attempting to cause death;"
+Secondly.—That this exception shall not extend to the doing of anything which
+"the person doing it knows to be likely to cause death, for any purpose other"
+"than the preventing of death or grievous hurt, or the curing of any grievous"
+disease or infirmity;
+Thirdly.— That this exception shall not extend to the voluntary causing of
+"grievous hurt, or to the attempting to cause grievous hurt, unless it be for the"
+"purpose of preventing death or grievous hurt, or the curing of any grievous"
+disease or infirmity;
+"Fourthly.—That this exception shall not extend to the abetment of any offence,"
+to the committing of which offence it would not extend.
+Illustration
+"A, in good faith, for his child’s benefit without his child’s consent, has his child"
+cut for the stone by a surgeon. Knowing it to be likely that the operation will
+"cause the child’s death, but not intending to cause the child’s death. A is within"
+"the exception, inasmuch as his object was the cure of the child."
+Section 90. Consent known to be given under fear or misconception
+"A consent is not such a consent as it intended by any section of this Code, if"
+"the consent is given by a person under fear of injury, or under a misconception"
+"of fact, and if the person doing the act knows, or has reason to believe, that the"
+consent was given in consequence of such fear or misconception ; or
+Consent of insane person
+"if the consent is given by a person who, from unsoundness of mind, or"
+"intoxication, is unable to understand the nature and consequence of that to"
+which he gives his consent; or
+Consent of child
+"unless the contrary appears from the context, if the consent is given by a"
+person who is under twelve years of age.
+Section 91. Exclusion of acts which are offences independently of harm caused
+"The exceptions in sections 87, 88 and 89 do not extend to acts which are"
+"offences independently of any harm which they may cause, or be intended to"
+"cause, or be known to be likely to cause, to the person giving the consent, or"
+on whose behalf the consent is given.
+Illustration
+Causing miscarriage (unless caused in good faith for the purpose of saving the
+life of the woman) is an offence independently of any harm which it may cause
+"or be intended to cause to the woman. Therefore, it is not an offence “by"
+reason of such harm”; and the consent of the woman or of her guardian to the
+causing of such miscarriage does not justify the act.
+Section 92. Act done in good faith for benefit of a person without consent
+Nothing is an offence by reason of any harm which it may cause to a person for
+"whose benefit it is done in good faith, even without that person’s consent, if"
+the circumstances are such that it is impossible for that person to signify
+"consent, or if that person is incapable of giving consent, and has no guardian"
+or other person in lawful charge of him from whom it is possible to obtain
+consent in time for the thing to be done with benefit:
+Provisos – Provided-
+First.— That this exception shall not extend to the intentional causing of
+"death, or the attempting to cause death;"
+Secondly.—That this exception shall not extend to the doing of anything which
+"the person doing it knows to be likely to cause death, for any purpose other"
+"than the preventing of death or grievous hurt, or the curing of any grievous"
+disease or infirmity;
+Thirdly.-— That this exception shall not extend to the voluntary causing of
+"hurt, or to the attempting to cause hurt, for any purpose other than the"
+preventing of death or hurt;
+"Fourthly.—That this exception shall not extend to the abetment of any offence,"
+to the committing of which offence it would not extend.
+Illustrations
+"(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z"
+"requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s"
+"benefit, performs the trepan before Z recovers his power of judging for"
+himself. A has committed no offence.
+(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the
+"shot may kill Z, but not intending to kill Z, and in good faith intending Z’s"
+benefit. A’s ball gives Z a mortal wound. A has committed on offence.
+"(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal"
+unless an operation be immediately performed. There is not time to apply to
+the child’s guardian. A performs the operation in spite of the entreaties of the
+"child, intending, in good faith, the child’s benefit. A has committed no offence."
+"(d) A is in a house which is on fire, with Z, a child. People below hold out a"
+"blanket. A drops the child from the housetop, knowing it to be likely that the"
+"fall may kill the child, but not intending to kill the child, and intending, in"
+"good faith, the child’s benefit. Here, even if the child is killed by the fall, A has"
+committed no offence.
+Explanation
+"Mere pecuniary benefit is not benefit within the meaning of Sections 88, 89"
+and 92.
+Section 93. Communication made in good faith
+No communication made in good faith is an offence by reason of any harm to
+"the person to whom it is made, if it is made for the benefit of that person."
+Illustration
+"A, a surgeon in good faith, communicates to a patient his opinion that he"
+cannot live. The patient dies in consequence of the shock. A has committed no
+"offence, though he knew it to be likely that the communication might cause"
+the patient’s death.
+Section 94. Act to which a person is compelled by threats
+"Except murder, and offences against the State punishable with death, nothing"
+"is an offence which is done by a person who is compelled to do it by threats,"
+"which, at the time of doing it, reasonably cause the apprehension that instant"
+death to that person will otherwise be the consequence:
+"Provided the person doing the act did not of his own accord, or from a"
+"reasonable apprehension of harm to himself short of instant death, place"
+himself in the situation by which he became subject to such constraint.
+Explanation 1
+"A person who, of his own accord, or by reason of a threat of being beaten, joins"
+"a gang of dacoits, knowing their character, is not entitled to the benefit of this"
+"exception, on the ground of his having been compelled by his associates to do"
+anything that is an offence by law.
+Explanation 2
+"A person seized by a gang of dacoits, and forced, by threat of instant death, to"
+"do a thing which is an offence by law ; for example, a smith compelled to take"
+his tools and to force the door of a house for the dacoits to enter and plunder
+"it, is entitled to the benefit of this exception."
+Section 95. Act causing slight harm
+"Nothing is an offence by reason that it causes, or that it is intended to cause, or"
+"that it is known to be likely to cause, any harm, if that harm is so slight that no"
+person of ordinary sense and temper would complain of such harm.
+Section 96. Things done in private defence
+Nothing is an offence which is done in the exercise of the right of private
+defence.
+Private defence: object
+(i) In judging whether accused has exceeded his right to private defence or not
+the court has to take into account the weapons used; Madan Mohan Pandey v.
+"State of Uttar Pradesh, (1991) Cr LJ 467 (SC)."
+(ii) The defence version regarding accused acting in self defence was liable to
+"be proved by accused; Rasikbhai Ram Singh Rana v. State of Gujarat, 1999 (1)"
+Guj CR 176.
+"(iii) Where the right of private defence is pleaded, the defence must be a"
+reasonable and probable version satisfying the cast that the harm caused by
+the accused was necessary for either warding off the attack or for forestalling
+the further reasonable apprehension from the side of the accused. The burden
+of establishing the plea of self-defence is on the accused and the burden stands
+discharged by showing preponderance of probabilities in favour of that plea on
+"the basis of the material on record; Rizan v. State of Chattisgarh, AIR 2003 SC"
+976.
+Right to private defence
+(i) The accused is not required to prove the plea of private defence of person
+beyond reasonable manner of doubt. The onus on the accused is only to show
+that the defence version is probable one which is reflected from the salient
+features and the circumstances in the prosecution case itself; Sawai Ram v.
+"State of Rajasthan, (1997) 2 Crimes 148 (Raj)."
+(ii) Divergent views expressed by court where prosecution failed to explain the
+injuries sustained by accused in same occurrence. Hence referred to larger
+"Bench; Ram Sunder Yadav v. State of Bihar, 1999 Cr LJ 3671 (SC)."
+Section 97. Right of private defence of the body and of property
+"Every person has a right, subject to the restrictions contained in section 99, to"
+defend
+"First.— His own body, and the body of any other person, against any offence"
+affecting the human body;
+"Secondly.—The property, whether movable or immovable, of himself or of any"
+"other person, against any act which is an offence falling under the definition of"
+"theft, robbery, mischief or criminal trespass, or which is an attempt to commit"
+"theft, robbery, mischief or criminal trespass."
+"Section 98. Right of private defence against the act of a person of unsound mind, etc."
+"When an act, which would otherwise be a certain offence, is not that offence,"
+"by reason of the youth, the want of maturity of understanding, the"
+"unsoundness of mind or the intoxication of the person doing that act, or by"
+"reason of any misconception on the part of that person, every person has the"
+same right of private defence against that act which he would have if the act
+were that offence.
+Illustrations
+"(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no"
+offence. But A has the same right of private defence which he would have if Z
+were sane.
+"(b) A enters by night a house which he is legally entitled to enter Z, in good"
+"faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under"
+"this misconception, commits no offence. But A has the same right of private"
+"defence against Z, which he would have if Z were not acting under that"
+misconception.
+Section 99. Act against which there is no right of private defence
+There is no right of private defence against an act which does not reasonable
+"cause the apprehension of death or of grievous hurt, if done, or attempted to"
+"be done, by a public servant acting in good faith under colour of his office,"
+"though that act, may not be strictly justifiable by law."
+There is no right of private defence against an act which does not reasonable
+"cause the apprehension of death or of grievous hurt, if done, or attempted to"
+"be done, by the direction of a public servant acting in good faith under colour"
+"of his office, though that direction may not be strictly justifiable by law."
+There is no right of private defence in cases in which there is time to have
+recourse to the protection of the public authorities.
+Extent to which the right may be exercised
+The right to private defence in no case extends to the inflicting of more harm
+that it is necessary to inflict for the purpose of defence.
+Explanation 1
+"A person is not deprived of the right of private defence against an act done, or"
+"attempted to be done, by a public servant, as such, unless he knows or has"
+"reason to believe, that the person doing the act is such public servant."
+Explanation 2
+"A person is not deprived of the right of private defence against an act done, or"
+"attempted to be done, by the direction of a public servant, unless he knows, or"
+"has reason to believe, that the person doing the act is acting by such direction,"
+"or unless such person states the authority under which he acts, or if he has"
+"authority in writing, unless he produces such authority, if demanded."
+Section 100. When the right of private defence of the body extends to causing death
+"The right of private defence of the body extends, under the restrictions"
+"mentioned in the last preceding section, to the voluntary causing of death or of"
+"any other harm to the assailant, if the offence which occasions the exercise of"
+"the right be of any of the descriptions hereinafter enumerated, namely:"
+First.— Such an assault as may reasonably cause the apprehension that death
+will otherwise be the consequence of such assault;
+Secondly.—Such an assault as may reasonably cause the apprehension that
+grievous hurt will otherwise be the consequence of such assault;
+Thirdly.— An assault with the intention of committing rape;
+Fourthly.—An assault with the intention of gratifying unnatural lust;
+Fifthly.— An assault with the intention of kidnapping or abducting;
+"Sixthly.— An assault with the intention of wrongfully confining a person,"
+under circumstances which may reasonably cause him to apprehend that he
+will be unable to have recourse to the public authorities for his release.
+1[Seventhly.–– An act of throwing or administering acid or an attempt to
+throw or administer acid which may reasonably cause the apprehension that
+grievous hurt will otherwise be the consequence of such act]
+Ingredients
+(i) Self inflicted injuries not explained by prosecution except the reliance on
+medical evidence acquittal of accused not justified; Chuhar Singh v. State of
+"Punjab, AIR 1999 SC 1052: 1991 SCC (Cr) 1066: 1998 (4) JT 449."
+(ii) The inmates clearly had a right of private defence against the intruders
+who tried to extract money by force; Kishore Shambhudatta Mishra v. State of
+"Maharashtra, (1989) Cr LJ 1149: AIR 1989 SC 1173."
+Right of private defence to cause death
+(i) Under what circumstances accused gave knife blow to the deceased could
+"not be explained by accused, acquittal on ground of self defence not justified;"
+"State of Uttar Pradesh v. Laeeg, AIR 1999 SC 1942: 1999 (5) SCC 588."
+(ii) While being chased by deceased appellant attacked on deceased caused fire
+"incised wound, held exceeded the right of private defence, conviction under"
+"section 304 Part I proper; Suresh Singh v. State, AIR 1999 SC 1773: 1999 (2)"
+Crimes 42.
+(iii) Attack by single blow on the neck of deceased proved fatal. Held accused
+"exceeded right of private defence; Amar Singh v. State of Madhya Pradesh,"
+1997 SCC (Cr) 630.
+"1. Inserted by Section 2 of ‘The Criminal Law (Amendment) Act, 2013′"
+Section 101. When such right extends to causing any harm other than death
+If the offence be not of any of the descriptions enumerated in the last
+"preceding section, the right of private defence of the body does not extend to"
+"the voluntary causing of death to the assailant, but does extend, under the"
+"restrictions mentioned in Section 99, to the voluntary causing to the assailant"
+of any harm other than death.
+Section 102. Commencement and continuance of the right of private defence of the body
+The right of private defence of the body commences as soon as a reasonable
+apprehension of danger to the body arises from an attempt or threat to
+commit the offence though the offence may not have been committed; and it
+continues as long as such apprehension of danger to the body continues.
+Section 103. When the right of private defence of property extends to causing death
+"The right of private defence of property extends, under the restrictions"
+"mentioned in section 99, to the voluntary causing of death or of any other"
+"harm to the wrong-doer, if the offence, the committing of which, or the"
+"attempting to commit which, occasions the exercise of the right, be an offence"
+"of any of the descriptions hereinafter enumerated, namely:"
+First.— Robbery;
+Secondly.—House-breaking by night;
+"Thirdly.— Mischief by fire committed on any building, tent or vessel, which"
+"building, tent or vessel is used as a human dwelling, or as a place for the"
+custody of property;
+"Fourthly.—Theft, mischief, or house-trespass, under such circumstances as"
+may reasonably cause apprehension that death or grievous hurt will be the
+"consequence, if such right of private defence is not exercised."
+STATE AMENDMENTS
+Karnataka
+"(1) In section 103, in clause Thirdly,"
+"(i) after the words “mischief by fire”, insert the words “or any explosive"
+substance”;
+"(ii) after the words “as a human dwelling, or” insert the words “as a place of"
+"worship, or”."
+"(2) After clause Fourthly, insert the following clause, namely:"
+“Fifthly.—Mischief by fire or any explosive substance committed on any
+property used or intended to be used for the purpose of Government or any
+"local authority, statutory body or company owned or controlled by"
+Government or railway or any vehicle used or adapted to be used for the
+carriage of passengers for hire or reward.”
+"[Vide Karnataka Act 8 of 1972, sec. 2 (w.e.f. 7-10-1972)]."
+Maharashtra
+"In section 103, add the following at the end, namely:"
+“Fifthly.—Mischief by fire or any explosive substance committed on any
+property used or intended to be used for the purposes of Government or any
+"local authority, statutory body, company owned or controlled by Government,"
+"railway or tramway, or on any vehicle used or adapted to be used, for the"
+carriage of passengers for hire or reward”.
+"[Vide Maharashtra Act 19 of 1971, sec. 26 (w.e.f. 31-12-1971)]."
+Uttar Pradesh
+"In section 103, after clause fourthly, add the following clause, namely:"
+“Fifthly.—Mischief by fire or any explosive substance committed on
+"(a) Any property used or intended to be used for the purpose of Government,"
+or any local authority or other corporation owned or controlled by the
+"Government, or"
+"(b) any railway as defined in clause (4) of section 3 of the Indian Railways Act,"
+1890 or railways stores as defined in the Railways Stores (Unlawful
+"Possession) Act, 1955, or"
+(c) any transport vehicle as defined in *clause (33) of section 2 of the Motor
+"Vehicles Act, 1939.”"
+"[Vide Uttar Pradesh Act 29 of 1970, sec. 2 (w.e.f. 17-7-1970)]."
+"* See clause (47) of sec. 2 of the Motor Vehicles Act, 1988."
+Section 104. When such right extends to causing any harm other than death
+"If the offence , the committing of which, or the attempting to commit which,"
+"occasions the exercise of the right of private defence, be theft, mischief, or"
+"criminal trespass, not of any of the descriptions enumerated in the last"
+"preceding section, that right does not extend to the voluntary causing of death,"
+"but does extend, subject to the restrictions mentioned in section 99, to the"
+voluntary causing to the wrong -doer of any harm other than death.
+Section 105. Commencement and continuance of the right of private defence of property
+The Right of private defence of property commences when a reasonable
+apprehension of danger to the property commences.
+The right of private defence of property against theft continues till the
+offender has effected his retreat with the property or either the assistance of
+"the public authorities is obtained, or the property has been recovered."
+The right of private defence of property against robbery continues as long as
+the offender causes or attempts to cause to any person death or hurt or
+wrongful restraint of as long as the fear of instant death or of instant hurt or of
+instant personal restraint continues.
+The right of private defence of property against criminal trespass or mischief
+continues as long as the offender continues in the commission of criminal
+trespass or mischief.
+The right of private defence of property against house-breaking by night
+continues as long as the house-trespass which has been begun by such house-
+breaking continues.
+Section 106. Right of private defence against deadly assault when there is risk of harm to
+innocent person
+If in the exercise of the right of private defence against an assault which
+"reasonably causes the apprehension of death, the defender be so situated that"
+he cannot effectually exercise that right without risk of harm to an innocent
+person his right or private defence extends to the running of that risk.
+Illustration
+A is attacked by a mob who attempt to murder him. He cannot effectually
+"exercise his right of private defence without firing on the mob, and he cannot"
+fire without risk of harming young children who are mingled with the mob. A
+commits no offence if by so firing he harms any of the children.
+Section 107. Abetment of a thing
+"A person abets the doing of a thing, who"
+First.— Instigates any person to do that thing; or
+Secondly.—Engages with one or more other person or persons in any
+"conspiracy for the doing of that thing, if an act or illegal omission takes place"
+"in pursuance of that conspiracy, and in order to the doing of that thing; or"
+"Thirdly.— Intentionally aids, by any act or illegal omission, the doing of that"
+thing.
+Explanation 1
+"A person who, by wilful misrepresentation, or by wilful concealment of a"
+"material fact which he is bound to disclose, voluntarily causes or procures, or"
+"attempts to cause or procure, a thing to be done, is said to instigate the doing"
+of that thing.
+Illustration
+"A, a public officer, is authorized by a warrant from a Court of Justice to"
+"apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents"
+"to A that C is Z, and thereby intentionally causes A to apprehend C. Here B"
+abets by instigation the apprehension of C.
+Explanation 2
+"Whoever, either prior to or at the time of the commission of an act, does"
+"anything in order to facilitate the commission of that act, and thereby facilitate"
+"the commission thereof, is said to aid the doing of that act."
+Section 108. Abettor
+"A person abets an offence, who abets either the commission of an offence, or"
+"the commission of an act which would be an offence, if committed by a person"
+capable of law of committing an offence with the same intention or knowledge
+as that of the abettor.
+Explanation 1
+The abetment of the illegal omission of an act may amount to an offence
+although the abettor may not himself be bound to do that act.
+Explanation 2
+To constitute the offence of abetment it is not necessary that the act abetted
+"should be committed, or that the effect requisite to constitute the offence"
+should be caused.
+Illustrations
+(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to
+commit murder.
+(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D
+recovers from the wound. A is guilty of instigating B to commit murder.
+Explanation 3
+It is not necessary that the person abetted should be capable by law of
+"committing an offence, or that he should have the same guilty intention or"
+"knowledge as that of abettor, or any guilty intention or knowledge."
+Illustrations
+"(a) A, with a guilty intention, abets a child or a lunatic to commit an act which"
+"would be an offence, if committed by a person capable by law of committed an"
+"offence, and having the same intention as A. Here A, whether the act be"
+"committed or not, is guilty of abetting an offence."
+"(b) A, with the intention of murdering Z, instigates B, a child under seven"
+"years of age, to do an act which causes Z’s death. B, in consequence of the"
+"abetment, does the act in the absence of A and thereby causes Z’s death. Here,"
+though B was not capable by law of committing an offence. A is liable to be
+punished in the same manner as if B had been capable by law of committing
+"an offence, and had committed murder, and he is therefore subject to the"
+punishment of death.
+"(c) A instigates B to set fire to a dwelling-house, B, in consequence of the"
+"unsoundness of his mind, being incapable of knowing the nature of the act, or"
+"that he is doing what is wrong or contrary to law, sets fire to the house in"
+"consequence of A’s instigation. B has committed no offence, but A is guilty of"
+"abetting the offence of setting fire to a dwelling house, and is liable to the"
+punishment provided for that offence.
+"(d) A, intending to cause a theft to be committed, instigates B to take property"
+belonging to Z out of Z’s possession. A induces B to believe that the property
+"belongs to A. B takes the property out of Z’s possession, in good faith,"
+"believing it to be A’s property. B, acting under this misconception, does not"
+"take dishonestly, and therefore does not commit theft. But A is guilty of"
+"abetting theft, and is liable to the same punishment as if B had committed"
+theft.
+Explanation 4
+"The abetment of an offence being an offence, the abetment of such an"
+abetment is also as offence.
+Illustration
+A instigates B to instigate C to murder Z. B accordingly instigates C to murder
+"Z, and C commits that offence in consequence of B’s instigation. B is liable to"
+"be punished for his offence with the punishment for murder; and, as A"
+"instigated B to commit the offence, A is also liable to the same punishment."
+Explanation 5
+It is not necessary to the commission of the offence of abetment by conspiracy
+that the abettor should concert the offence with the person who commits it. It
+is sufficient if he engages in the conspiracy in pursuance of which the offence
+is committed.
+Illustration
+A concerts with B a plan for poisoning Z. It is agreed that A shall administer
+the poison. B then explains the plan to C mentioning that a third person is to
+"administer the poison, but without mentioning A’s name. C agrees to procure"
+"the poison, and procures and delivers it to B for the purpose of its being used"
+in the manner explained. A administers the poison; Z dies in consequence.
+"Here, though A and C have not conspired together, yet C has been engaged in"
+the conspiracy in pursuance of which Z has been murdered. C has therefore
+committed the offence defined in this section and is liable to the punishment
+for murder.
+Section 108A. Abetment in India of offences outside India
+108A. Abetment in India of offences outside India.- A person abets an offence
+1
+"within the meaning of this Code who, in [India], abets the commission of any"
+2
+act without and beyond 2[India] which would constitute an offence if
+committed in [India].
+2
+Illustration
+"A, in [India], instigates B, a foreigner in Goa, to commit a murder in Goa."
+2
+A is guilty of abetting murder.
+"1. Added by Act 4 of 1898, sec. 3."
+"2. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+"Section 109. Punishment of abetment if the act abetted is committed in consequence, and"
+where no express provision is made for its punishment
+"Whoever abets any offence shall, if the act abetted is committed in"
+"consequence of the abetment, and no express provision is made by this Code"
+"for the punishment of such abetment, be punished with the punishment"
+provided for the offence.
+Explanation
+"An act or offence is said to be committed in consequence of abetment, when it"
+is committed in consequence of the instigation or in pursuance of the
+"conspiracy, or with the aid, which constitutes the abetment."
+Illustrations
+"(a) A offers a bribe to B, a public servant, as a reward for showing A some"
+favour in the exercise of B’s official functions. B accepts the bribe. A has
+abetted the offence defined in Section 161.
+"(b) A instigates B to give false evidence. B, in consequence of the instigation,"
+"commits that offence. A is guilty of abetting that offence, and is liable to the"
+same punishment as B.
+"(c) A and B conspire to poison Z. A in pursuance of the conspiracy, procures"
+the poison and delivers it to B in order that he may administer it to Z. B in
+"pursuance of the conspiracy, administers the poison to Z in A’s absence and"
+thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that
+"offence by conspiracy, and is liable to the punishment for murder."
+CLASSIFICATION OF OFFENCE
+Punishment—Same as for offence abetted—According as offence abetted is
+cognizable or non-cognizable—According as offence abetted is bailable or non-
+bailable—Triable by court by which offence abetted is triable—Non-
+compoundable.
+Section 110. Punishment of abetment if person abetted does act with different intention
+from that of abettor
+"Whoever abets the commission of an offence shall, if the person abetted does"
+"the act with a different intention or knowledge from that of the abettor, be"
+punished with the punishment provided for the offence which would have
+been committed if the act had been done with the intention or knowledge of
+the abettor and with no other.
+CLASSIFICATION OF OFFENCE
+Punishment—Same as for offence abetted—According as offence abetted is
+cognizable or non-cognizable—According as offence abetted is bailable or non-
+bailable—Triable by court by which offence abetted is triable—Non-
+compoundable.
+Section 111. Liability of abettor when one act abetted and different act done
+"When an act is abetted and a different act is done, the abettor is liable for the"
+"act done, in the same manner and to the same extent as if he had directly"
+abetted it:
+Proviso
+"Provided the act done was a probable consequence of the abetment, and was"
+"committed under the influence of the instigation, or with the aid or in"
+pursuance of the conspiracy which constituted the abetment.
+Illustrations
+"(a) A instigates a child to put poison into the food of Z, and gives him poison"
+"for that purpose. The child, in consequence of the instigation, by mistake puts"
+"the poison into the food of Y, which is by the side of that of Z. Here, if the child"
+"was acting under the influence of A’s instigation, and the act done was under"
+the circumstances a probable consequence of the abetment. A is liable in the
+same manner and to the same extent as if he had instigated the child to put
+the poison into the food of Y.
+(b) A instigates B to burn Z’s house. B sets fire to the house and at the same
+"time commits theft of property there. A, though guilty of abetting the burning"
+"of the house, is not guilty of abetting the theft; for the theft was a distinct act,"
+and not a probable consequence of the burning.
+(c) A instigates B and C to break into an inhabited house at midnight for the
+"purpose of robbery, and provides them with arms for that purpose. B and C"
+"break into the house, and being resisted by Z, one of the inmates, murder Z."
+"Here, if that murder was the probable consequence of the abetment, A is liable"
+to the punishment provided for murder.
+CLASSIFICATION OF OFFENCE
+Punishment—Same as for offence intended to be abetted—According as
+offence abetted is cognizable or non-cognizable—According as offence abetted
+is bailable or non-bailable—Triable by court by which offence abetted is triable
+—Non-compoundable.
+Section 112. Abettor when liable to cumulative punishment for act abetted and for act
+done
+If the act for which the abettor is liable under the last preceding section is
+"committed in addition to the act abetted, and constitutes a distinct offence,"
+the abettor is liable to punishment for each of the offences.
+Illustration
+"A instigates B to resist by force a distress made by a public servant. B, in"
+"consequence, resists that distress. In offering the resistance, B voluntarily"
+causes grievous hurt to the officer executing the distress. As be has committed
+"both the offence of resisting the distress, and the offence of voluntarily causing"
+"grievous hurt, B is liable to punishment for both these offences; and, if A knew"
+that B was likely voluntarily to cause grievous hurt in resisting the distress A
+will Also be liable to punishment for each of the offences.
+Section 113. Liability of abettor for an effect caused by the act abetted different from that
+intended by the abettor
+When an act is abetted with the intention on the part of the abettor of causing
+"a particular effect, and an act for which the abettor is liable in consequence of"
+"the abetment, cause a different effect from that intended by the abettor, the"
+"abettor is liable for the effect caused, in the same manner and to the same"
+"extent as if he had abetted the act with the intention of causing that effect,"
+provided he knew that the act abetted was likely to cause that effect.
+Illustration
+"A instigates B to cause grievous hurt to Z. B, in consequence of the instigation,"
+"causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the"
+"grievous hurt abetted was likely to cause death, A is liable to be punished with"
+the punishment provided for murder.
+CLASSIFICATION OF OFFENCE
+Punishment—Same as for offence committed—According as offence abetted is
+cognizable or non-cognizable—According as offence abetted is bailable or non-
+bailable—Triable by court by which offence abetted is triable—Non-
+compoundable.
+Section 114. Abettor present when offence is committed
+"Whenever any person, who is absent would be liable to be punished as an"
+"abettor, is present when the act or offence for which he would be punishable in"
+"consequence of the abetment is committed, he shall be deemed to have"
+committed such act or offence.
+CLASSIFICATION OF OFFENCE
+Punishment—Same as for offence committed—According as offence abetted is
+cognizable or non-cognizable—According as offence abetted is bailable or non-
+bailable—Triable by court by which offence abetted is triable—Non-
+compoundable.
+Section 115. Abetment of offence punishable with death or imprisonment for life-if
+offence not committed
+Whoever abets the commission of an offence punishable with death
+"or [imprisonment for life], shall, if that offence be not committed in"
+1
+"consequence of the abetment, and no express provision is made by this Code"
+"for the punishment of such abetment, be punished with imprisonment of"
+"either description for a term which may extend to seven years, and shall also"
+be liable to fine;
+If act causing harm be done in consequence– and if any act for which
+"the abettor is liable in consequence of the abetment, and which causes hurt to"
+"any person, is done, the abettor shall be liable to imprisonment of either"
+"description for a term which may extend to fourteen years, and shall also be"
+liable to fine.
+Illustration
+A instigates B to murder Z. The offence is not committed. If B had murdered
+"Z, he would have been subject to the punishment of death or 1[imprisonment"
+for life]. Therefore A is liable to imprisonment for a term which may extend to
+seven years and also to a fine; and if any hurt be done to Z in consequence of
+"the abetment, he will be liable to imprisonment for a term which may extend"
+"to fourteen years, and to fine."
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years and fine—According as offence
+abetted is cognizable or non-cognizable—non-bailable—Triable by court by
+which offence abetted is triable—Non-compoundable.
+Para II
+Punishment—Imprisonment for 14 years and fine—According as offence
+abetted is cognizable or non-cognizable—non-bailable—Triable by court by
+which offence abetted is triable—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 116. Abetment of offence punishable with imprisonment-if offence be not
+committed
+"Whoever abets an offence punishable with imprisonment shall, if that offence"
+"be not committed in consequence of the abetment, and no express provision is"
+"made by this Code for the punishment of such abetment, be punished with"
+imprisonment of any description provided for that offence for a term which
+may extend to one-fourth part of the longest term provided for that offence; or
+"with such fine as is provided for the offence, or with both ;"
+If abettor or person abetted be a public servant whose duty it is to
+prevent offence.— and if the abettor or the person abetted is a public
+"servant, whose duty it is to prevent the commission of such offence, the"
+abettor shall be punished with imprisonment of any description provided for
+"that offence, for a term which may extend to one-half of the longest term"
+"provided for that offence, or with such fine as is provided for the offence, or"
+with both.
+Illustrations
+"(a) A offers a bribe to B, a public servant, as a reward for showing A some"
+favour in the exercise of B’s official functions. B refuses to accept the bribe. A
+is punishable under this section.
+"(b) A instigates B to give false evidence. Here, if B does not give false evidence,"
+"A has s nevertheless committed the offence defined in this section, and is"
+punishable accordingly.
+"(c) A, a police-officer, whose duty it is to prevent robbery, abets the"
+"commission of robbery. Here, though the robbery be not committed, A is"
+liable to one-half of the longest term of imprisonment provided for that
+"offence, and also to fine."
+"(d) B abets the commission of a robbery by A, a police-officer, whose duty it is"
+"to prevent that offence. Here, though the robbery be not committed, B is liable"
+to one-half of the longest term of imprisonment provided for the offence of
+"robbery, and also to fine."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment extending to a quarter part of the longest term,"
+"provided for the offence, or fine, or both—According to offence abetted is"
+cognizable or non-cognizable—According as offence abetted is bailable or non-
+bailable—Triable by court by which offence abetted is triable—Non-
+compoundable.
+Para II
+"Punishment—Imprisonment extending to half of the longest term, provided"
+"for the offence, or fine, or both—According as offence abetted is cognizable or"
+non-cognizable—According as offence abetted is bailable or non-bailable—
+Triable by court by which offence abetted is triable—Non-compoundable.
+Section 117. Abetting commission of offence by the public or by more than ten persons
+Whoever abets the commission of an offence by the public generally or by any
+"number or class of persons exceeding ten, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, or with fine, or with both."
+Illustration
+A affixes in a public place a placard instigating a sect consisting of more than
+"ten members to meet at a certain time and place, for the purpose of attacking"
+"the members of an adverse sect, while engaged in a procession. A has"
+committed the offence defined in this section.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—According as offence"
+abetted is cognizable or non-cognizable—According as offence abetted is
+bailable or non-bailable—Triable by court by which offence abetted is triable—
+Non-compoundable.
+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 of an offence punishable with death
+or [imprisonment for life];
+1
+[Voluntarily conceals by any act or omission or by the use of encryption or
+2
+"any other information hiding tool, the existence of a design] to commit such"
+offence or makes any representation which he knows to be false respecting
+"such design,"
+"If offence be committed—if offence be not committed.—shall, if that"
+"offence be committed, be punished with imprisonment of either description"
+"for a term which may extend to seven years, or, if the offence be not"
+"committed, with imprisonment of either description, for a term which may"
+extend to three years; and in either case shall also be liable to fine.
+Illustration
+"A, knowing that dacoity is about to be committed at B, falsely informs the"
+"Magistrate that a dacoity is about to be committed at C, a place in an opposite"
+"direction, and thereby misleads the Magistrate with intent to facilitate the"
+commission of the offence. The dacoity is committed at B in pursuance of the
+design. A is punishable under this section.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years and fine—According as offence
+abetted is cognizable or non-cognizable—Non-bailable—Triable by court by
+which offence abetted is triable—Non-compoundable.
+Para II
+Punishment—Imprisonment for 3 years and fine—According as offence
+abetted is cognizable or non-cognizable—Bailable—Triable by court by which
+offence abetted is triable—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. Subs. by Act 10 of 2009, sec. 51(c), for “Voluntarily conceals, by any act or"
+"illegal omission,, the existence of a design”."
+Section 119. Public servant concealing design to commit offence which it is his duty to
+prevent
+"Whoever, being a public servant, intending to facilitate or knowing it to be"
+likely that he will thereby facilitate the commission of an offence which it is his
+duty as such public servant to prevent;
+[Voluntarily conceals by any act or omission or by the use of encryption or
+1
+"any other information hiding tool, the existence of a design] to commit such"
+offence or makes any representation which he knows to be false respecting
+"such design,"
+"If offence be committed.—shall, if the offence be committed, be punished"
+"with imprisonment of any description provided for the offence, for a term"
+"which may extend to one-half of the longest term of such imprisonment, or"
+"with such fine as is provided for that offence, or with both;"
+"If offence be punishable with death, etc.—or, if the offence be"
+"punishable with death or [imprisonment for life], with imprisonment of either"
+2
+description for a term which may extend to ten years;
+"If offence be not committed.—or if the offence be not committed, shall be"
+punished with imprisonment of any description provided for the offence for a
+term which may extend to one-fourth part of the longest term of such
+"imprisonment or with such fine as is provided for the offence, or with both."
+Illustration
+"A, an officer of police, being legally bound to give information of all designs to"
+"commit robbery which may come to his knowledge, and knowing that B"
+"designs to commit robbery, omits to give such information, with intent to"
+facilitate the commission of that offence. Here A has by an illegal omission
+"concealed the existence of B’s design, and is liable to punishment according to"
+the provision of this section.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment extending to half of the longest term provided for
+"the offence, or fine, or both—According as offence abetted is cognizable or"
+non-cognizable—According as offence abetted is bailable or non-bailable—
+Triable by court which offence abetted is triable—Non-compoundable.
+Para II
+Punishment—Imprisonment for 10 years—According as offence abetted is
+cognizable or non-cognizable—Non-bailable—Triable by court by which
+offence abetted is triable—Non-compoundable.
+Para III
+Punishment—Imprisonment extending to a quarter part of the longest term
+"provided for the offence, or fine, or both—According as offence abetted is"
+cognizable or non-cognizable—Bailable—Triable by court by which offence
+abetted is triable—Non-compoundable.
+"1. Subs. by Act 10 of 2009, sec. 51(d), “voluntarily conceals,” by any Act or"
+"illegal ommission, the existence of a design”."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f"
+1-1-1956).
+Section 120. Concealing design to commit offence punishable with imprisonment
+"Whoever, intending to facilitate or knowing it to be likely that he will thereby"
+"facilitate the commission of an offence punishable with imprisonment,"
+"voluntarily conceals, by any act or illegal omission, the existence of a design to"
+"commit such offence, or makes any representation which he knows to be false"
+"respecting such design,"
+"If offence be committed—if offence be not committed.—shall, if the"
+"offence be committed, be punished with imprisonment of the description"
+"provided for the offence, for a term which may extend to one-fourth, and, if"
+"the offence be not committed, to one-eighth, of the longest term of such"
+"imprisonment, or with such fine as is provided for the offence, or with both."
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment extending to a quarter part of the longest term
+"provided for the offence, or fine, or both—According as offence abetted is"
+cognizable or non-cognizable—According as offence abetted is bailable or non-
+bailable—Triable by court by which offence abetted is triable—Non-
+compoundable.
+Para II
+Punishment—Imprisonment extending to one-eighth part of the longest term
+"provided for the offence, or fine, or both—According as offence abetted is"
+cognizable or non-cognizable—Bailable—Triable by court by which offence
+abetted is triable—Non-compoundable.
+Section 120A. Definition of criminal conspiracy.
+120A. Definition of criminal conspiracy.- When two or more persons agree to
+1
+"do, or cause to be done,"
+"(1) an illegal act, or"
+"(2) an act which is not illegal by illegal means, such an agreement is"
+designated a criminal conspiracy:
+Provided that no agreement except an agreement to commit an offence shall
+amount to a criminal conspiracy unless some act besides the agreement is
+done by one or more parties to such agreement in pursuance thereof.
+Explanation
+It is immaterial whether the illegal act is the ultimate object of such
+"agreement, or is merely incidental to that object.]"
+"1. Ins. by Act 8 of 1913, sec. 3."
+Section 120B. Punishment of criminal conspiracy
+120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a
+1
+criminal conspiracy to commit an offence punishable with
+"death, [imprisonment for life] or rigorous imprisonment for a term of two"
+2
+"years or upwards, shall, where no express provision is made in this Code for"
+"the punishment of such a conspiracy, be punished in the same manner as if he"
+had abetted such offence.
+(2) Whoever is a party to a criminal conspiracy other than a criminal
+conspiracy to commit an offence punishable as aforesaid shall be punished
+"with imprisonment of either description for a term not exceeding six months,"
+or with fine or with both.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Same as for abetment of the offence which is the object of the
+conspiracy—According as the offence which is the object of conspiracy is
+cognizable or non-cognizable—According as offence which is object of
+conspiracy is bailable or non-bailable—Triable by court by which abetment of
+the offence which is the object of conspiracy is triable—Non-compoundable.
+Para II
+"Punishment—Imprisonment for six months or fine, or both—non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"1. Ins. by Act 8 of 1913, sec. 3."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 121. Waging, or attempting to wage war, or abetting waging of war, against the"
+Government of India
+"Whoever wages war against the [Government of India], or attempts to wage"
+1
+"such war, or abets the waging of such war, shall be punished with death,"
+or [imprisonment for life] [and shall also be liable to fine].
+2 3
+4[Illustration]
+[***] A joins an insurrection against the [Government of India]. A has
+5 6
+committed the offence defined in this section.
+[* * *]
+7
+CLASSIFICATION OF OFFENCE
+Punishment—Death or imprisonment for life and fine—Cognizable—Non-
+bailable—Triable by Court of Session—Non-compoundable.
+–
+"1. Subs. by the A.O. 1950, for “Queen”."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"3. Subs. by Act 16 of 1921, sec. 2, for “and shall forfeit all his property”."
+"4. Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “Illustrations” (w.e.f. 17-9-"
+1957).
+"5. The brackets and letter “(a)” omitted by Act 36 of 1957, sec. 3 and Sch. II"
+(w.e.f. 17-9-1957).
+"6. Subs. by the A.O. 1950, for “Queen”."
+7. Illustration (b) omitted by the A.O. 1950.
+Section 121A. Conspiracy to commit offences punishable by section 121
+121A. Conspiracy to commit offences punishable by section 121.— Whoever
+1
+within or without [India] conspires to commit any of the offences punishable
+2
+"by Section 121, [***] or conspires to overawe, by means of criminal force or"
+3
+"the show of criminal force, [the Central Government or any [State]"
+4 5
+"Government [***], shall be punished with [imprisonment for life], or with"
+6 7
+"imprisonment of either description which may extend to ten years, [and shall"
+8
+also be liable to fine].
+Explanation
+"To constitute a conspiracy under this section, it is not necessary that any act or"
+illegal omission shall take place in pursuance thereof.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Ins. by Act 27 of 1870, sec. 4."
+"2. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+3. The words “or to deprive the Queen of the sovereignty of the Provinces or of
+any part thereof” omitted by the A.O. 1950.
+"4. Subs. by the A.O. 1937, for “the Government of India” or any “Local"
+Government”.
+"5. Subs. by the A.O. 1950, for “Provincial”."
+6. The words “or the Government of Burma” omitted by the A.O. 1948.
+"7. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life or any"
+shorter term” (w.e.f. 1-1-1956).
+"8. Subs. by Act 16 of 1921, sec. 3, for “and shall forfeit all his property”."
+"Section 122. Collecting arms, etc., with intention of waging war against the Government"
+of India
+"Whoever collects men, arms or ammunition or otherwise prepares to wage"
+war with the intention of either waging or being prepared to wage war against
+"the [Government of India], shall be punished with [imprisonment for life] or"
+1 2
+"imprisonment of either description for a term not exceeding ten years, [and"
+3
+shall also be liable to fine].
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by the A.O. 1950, for “Queen”."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"3. Subs. by Act 16 of 1921, sec. 3, for “and shall forfeit all his property”."
+Section 123. Concealing with intent to facilitate design to wage war
+"Whoever by any act, or by any illegal omission, conceals the existence of a"
+"design to wage war against the [Government of India], intending by such"
+1
+"concealment to facilitate, or knowing it to be likely that such concealment will"
+"facilitate, the waging of such war, shall be punished with imprisonment of"
+"either description for a term which may extend to ten years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by court of Session—Non-compoundable.
+"1. Subs. by the A.O. 1950, for “Queen”."
+"Section 124. Assaulting President, Governor, etc., with intent to compel or restrain the"
+exercise of any lawful power
+"Whoever, with the intention of including or compelling the [President] of"
+1
+"India, or the [Governor [* * *]] of any [State], [* * *] [* * * ] [* * *] to"
+2 3 4 5 6 7
+exercise or refrain from exercising in any manner any of the lawful powers of
+"such [President] or [Governor [* * *]],"
+8 2 3
+"Assault or wrongfully restrains, or attempts wrongfully to restrain, or"
+"overawes, by means of criminal force or the show of criminal force, or"
+"attempts so to overawe, such [President or [Governor [* * *]],"
+8 2 3
+Shall be punished with imprisonment of either description for a term which
+"may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Court of Session—Non-compoundable.
+"1. Subs. by the A.O. 1950, for “Governor General”."
+"2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “Governor”."
+3. The words “or Rajpramukh” omitted by the A.O. 1956.
+"4. Subs. by the A.O. 1950, for “Province” which had been subs. by the A.O."
+"1937, for “Presidency”."
+5. The words “or a Lieutenant-Governor” omitted by the A.O. 1937.
+6. The words “or a Member of the Council of the Governor General of India”
+omitted by the A.O. 1948.
+7. The words “or of the Council of any Presidency” omitted by the A.O. 1937.
+"8. The original words “Governor General, Governor, Lieutenant-Governor or"
+"Member of Council” have successfully been amended by the A.O. 1937, the"
+A.O. 1948 and the A.O. 1950 to read as above.
+Section 124A. Sedition
+"124A. Sedition.— Whoever, by words, either spoken or written, or by signs, or"
+1
+"by visible representation, or otherwise, brings or attempts to bring into hatred"
+"or contempt, or excites or attempts to excite disaffection towards. [* * *] the"
+2
+"Government established by law in [India], [* * *] shall be punished"
+3 4
+"with [imprisonment for life], to which fine may be added, or with"
+5
+"imprisonment which may extend to three years, to which fine may be added,"
+or with fine.
+Explanation 1
+The expression “disaffection” includes disloyalty and all feelings of enmity.
+Explanation 2
+Comments expressing disapprobation of the measures of the Government with
+"a view to obtain their alteration by lawful means, without exciting or"
+"attempting to excite hatred, contempt or disaffection, do not constitute an"
+offence under this section.
+Explanation 3
+Comments expressing disapprobation of the administrative or other action of
+"the Government without exciting or attempting to excite hatred, contempt or"
+"disaffection, do not constitute an offence under this section."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life and fine, or imprisonment for 3 years and"
+"fine, or fine—Cognizable—Non-bailable—Triable by Court of Session—Non-"
+compoundable.
+"1. Subs. by Act 4 of 1898, sec. 4, for section 124A which had been ins. by Act 27"
+"of 1870, sec. 5."
+2. 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.
+"3. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+4 The words “or British Burma” ins. by the A.O. 1937 omitted by the A.O.
+1948.
+"5. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life or any"
+shorter term” (w.e.f. 1-1-1956).
+Section 125. Waging war against any Asiatic Power in alliance with the Government of
+India.
+Whoever wages war against the Government of any Asiatic Power in alliance
+"or at peace with the [Government of India] or attempts to wage such war, or"
+1
+"abets the waging of such war, shall be punished with [imprisonment for life],"
+2
+"to which fine may be added, or with imprisonment of either description for a"
+"term which may extend to seven years, to which fine may be added, or with"
+fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life and fine, or imprisonment for 7 years and"
+"fine, or fine—Cognizable—Non-bailable—Triable by Court of Session—Non-"
+compoundable.
+"1. Subs. by the A.O. 1950, for “Queen”."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 126. Committing depredation on territories of Power at peace with the
+Government of India
+"Whoever commits depredation, or makes preparation to commit depredation,"
+on the territories of any Power in alliance or at peace with the [Government of
+1
+"India], shall be punished with imprisonment of either description for a term"
+"which may extend to seven years, and shall also be liable to fine and to"
+forfeiture of any property used or intended to be used in committing such
+"depredation, or acquired by such depredation."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years and fine, and forfeiture of certain"
+property—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+"1. Subs. by the A.O. 1950, for “Queen”."
+Section 127. Receiving Property taken by war on depredation mention in Sections 125
+and 126
+Whoever receives any property knowing the same to have been taken in the
+"commission of any of the offences mentioned in Sections 125 and 126, shall be"
+punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine and to forfeiture of the"
+property so received.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years and fine, and forfeiture of certain"
+property—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+Section 128. Public servant voluntary allowing prisoner of State or war to escape
+"Whoever, being a public servant and having the custody of any State prisoner"
+"or prisoner of war, voluntarily allows such prisoner to escape from any place"
+"in which such prisoner is confined, shall be punished with [imprisonment for"
+1
+"life], or imprisonment of either description for a term which may extend to ten"
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 129. Public servant negligently suffering such prisoner to escape
+"Whoever, being a public servant and having the custody of any State prisoner"
+"or prisoner of war, negligently suffers such prisoner to escape from any place"
+"of confinement in which such prisoner is confined, shall be punished with"
+"simple imprisonment for a term which may extend to three years, and shall"
+also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Simple Imprisonment for 3 years and fine—Cognizable—
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"Section 130. Aiding escape of, rescuing or harbouring such prisoner"
+Whoever knowingly aids or assists any State prisoner or prisoner of war in
+"escaping from lawful custody, or rescues or attempts to rescue any such"
+"prisoner, or harbours or conceals any such prisoner who has escaped from"
+"lawful custody, or offers or attempts to offer any resistance to the recapture of"
+"such prisoner, shall be punished with [imprisonment for life], or with"
+1
+"imprisonment of either description for a term which may extend to ten years,"
+and shall also be liable to fine.
+Explanation
+"A State prisoner or prisoner of war, who is permitted to be at large on his"
+"parole within certain limits in [India], is said to escape from lawful custody if"
+2
+he goes beyond the limits within which he is allowed to be at large.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. The words “British India” have sucessively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+"Section 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, [sailor or"
+1
+"airman], in the Army, [Navy or Air Force] of the [Government of India] or"
+2 3
+"attempts to seduce any such officer, soldier, [sailor or airman] from his alle-"
+4
+"giance or his duty, shall be punished with [imprisonment for life], or with"
+5
+"imprisonment of either description for a term which may extend to ten years,"
+and shall also be liable to fine.
+"[Explanation.—In this section the words “officer”, [“soldier”, [“sailor”] and"
+6 7 8
+"“airman”] include any person subject to the [Army Act, [the Army Act, 1950"
+9 10
+"(46 of 1950, [the Naval Discipline Act, [***] the [Indian Navy (Discipline)"
+11 12 11
+"Act, 1934 (34 of 1934)] [the Air Force Act or [the Air Force Act, 1950 (45 of"
+13 14
+"1950)], as the case may be]]."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”."
+"3. Subs. by the A.O. 1950, for “Queen”."
+"4. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"5. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"6. Ins. by Act 27 of 1870, sec. 6."
+"7. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “and soldier”."
+"8. Ins. by Act 35 of 1934, sec. 2 and Sch."
+"9. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “Articles of War for the better"
+"government of Her Majesty’s Army, or to the Articles of War contained in Act"
+No. 5 of 1869″.
+"10. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Army Act, 1911”."
+"11. Now see the Navy Act, 1957 (62 of 1957)."
+12. The words “or that Act as modified by” omitted by the A.O. 1950.
+"13. Subs. by Act 14 of 1932, sec. 130 and Sch., for “or the Air Force Act”."
+"14. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Air Force Act, 1932”."
+"Section 132. Abetment of mutiny, if mutiny is committed in consequence thereof"
+"Whoever abets the committing of mutiny by an officer, soldier, [sailor or"
+1
+"airman] in the Army, [Navy or Air Force] of the [Government of India], shall,"
+2 3
+"if mutiny be committed in consequence of that abetment, be punished with"
+"death or with [imprisonment for life], or imprisonment of either description"
+4
+"for a term which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Death, or imprisonment for life, or imprisonment for 10 years"
+and fine-Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"2. Subs. by Act 10 of 1927, sec 2 and Sch. I, for “or Navy”."
+"3. Subs. by the A.O. 1950, for “Queen”."
+"4. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 133. Abetment of assault by soldier, sailor or airman on his superior officer,"
+when in execution of his office
+"Whoever abets an assault by an office, soldier, [sailor or airman], in the"
+1
+"Army, [Navy or Air force] of the [Government of India], on any superior"
+2 3
+"officer being in the execution of his office, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"2. Subs. by Act 10 of 1927, sec 2 and Sch. I, for “or Navy”."
+"3. Subs. by the A.O. 1950, for “Queen”."
+"Section 134. Abetment of such assault, if the assault is committed"
+"Whoever abets an assault by an officer, soldier, [sailor, or airman], in the"
+1
+"Army, [navy or Air force] of the [Government of India], on any superior"
+2 3
+"officer being in the execution of his office, shall, if such assault be committed"
+in consequence of that abetment be punished with imprisonment of either
+"description for a term which may extend to seven years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”."
+"3. Subs. by the A.O. 1950, for “Queen”."
+"Section 135. Abetment of desertion of soldier, sailor or airman"
+"Whoever abets the desertion of any officer, soldier, [sailor or airman], in the"
+1
+"Army, [Navy or Air Force] of the [Government of India], shall be punished"
+2 3
+with imprisonment of either description for a term which may extend to two
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”."
+"3. Subs. by the A.O. 1950, for “Queen”."
+Section 136. Harbouring deserter
+"Whoever, except as hereinafter expected, knowing or having reason to believe"
+"that an officer, soldier, [sailor or airman], in the Army, [Navy or air force] of"
+1 2
+"the [Government of India], has deserted, harbours such officer,"
+3
+"soldier, [sailor airman], shall be punished with imprisonment of either"
+1
+"description for a term which may extend to two years, or with fine, or with"
+both.
+Exception
+This provision does not extend to the case in which the harbour is given by a
+wife to her husband.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”."
+"3. Subs. by the A.O. 1950, for “Queen”."
+Section 137. Deserter concealed on board merchant vessel through negligence of master
+"The master or person in charge of a merchant vessel, on board of which any"
+"deserter from the Army, [Navy or Air force] of the [Government of India] is"
+1 2
+"concealed, shall, though ignorant of such concealment, be liable to a penalty"
+"not exceeding five hundred rupees, if he might have known of such"
+concealment but for some neglect of his duty as such master or person in
+"charge, or but for some want of discipline on board of the vessel."
+CLASSIFICATION OF OFFENCE
+Punishment—Fine of 500 rupees—Non-Cognizable—Bailable—Triable by any
+Magistrate—Non-compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”."
+"2. Subs. by the A.O. 1950, for “Queen”."
+"Section 138. Abetment of act of insubordination by soldier, sailor or airman"
+"Whoever abets what he knows to be an act of insubordination by an officer,"
+"soldier, [sailor or airman], in the Army, [Navy or Air Force] of"
+1 2
+"the [Government of India], shall, if such act of insubordination be committed"
+3
+"in consequence of that abetment, be punished with imprisonment of either"
+"description for a term which may extend to six months, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”."
+"3. Subs. by the A.O. 1950, for “Queen”."
+Section 138A. Application of foregoing sections to the Indian Marine Service
+"[Ins. by Act 14 of 1887, sec.79 and Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.]"
+Section 139. Persons subject to certain Acts
+"No person subject to [the Army Act, [the Army Act, 1950 (46 of 1950), or the"
+1 2
+"Naval Discipline Act, [ [***] [the Indian Navy (Discipline) Act, 1934 (34 of"
+3 4 5
+"1934)], [the Air Force Act [the Air Force Act, 1950 (45 of 1950)]]], is subject"
+6 7
+to punishment under this Code for any of the offences defined in this Chapter.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “any Article of War for the"
+"Army or Navy of the Queen, or for any part of such Army or Navy”."
+"2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Army Act, 1911”."
+"3. Ins. by Act 35 of 1934, sec. 2 and Sch."
+4. The words “or that Act as modified” omitted by the A.O. 1950.
+"5. Now see the Navy Act, 1957 (62 of 1957)."
+"6. Subs. by Act 14 of 1932, sec. 130 and Sch., for “or the Air Force Act”."
+"7. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Air Force Act, 1932”."
+"Section 140. Wearing garb or carrying token used by soldier, sailor or airman"
+"Whoever, not being a soldier, [sailor or airman] in the Military, [Naval or"
+1 2
+"Air] service of the [Government of India], wears any garb or carries any token"
+3
+"resembling any garb or token used by such a soldier, [sailor or airman] with"
+1
+"the intention that it may be believed that he is such a soldier, [sailor or"
+1
+"airman], shall be punished with imprisonment of either description for a term"
+"which may extend to three month, or with fine which may extend to five"
+"hundred rupees, or with both"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non- compoundable.
+"1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”."
+"3. Subs. by the A.O. 1950, for “Queen”."
+Section 141. Unlawful assembly
+"An assembly of five or more persons is designated an “unlawful assembly”, if"
+the common object of the persons composing that assembly is
+"First.— To overawe by criminal force, or show of criminal force, 1[the Central"
+"or any State Government or Parliament or the Legislature of any State], or any"
+public servant in the exercise of the lawful power of such public servant; or
+"Second.— To resist the execution of any law, or of any legal process; or"
+"Third.— To commit any mischief or criminal trespass, or other offence; or"
+"Fourth.— By means of criminal force, or show of criminal force, to any person,"
+"to take or obtain possession of any property, or to deprive any person of the"
+"enjoyment of a right of way, or of the use of water or other incorporeal right of"
+"which he is in possession or enjoyment, or to enforce any right or supposed"
+right; or
+"Fifth.— By means of criminal force, or show of criminal force, to compel any"
+"person to do what he is not legally bound to do, or to omit to do what he is"
+legally entitled to do.
+Explanation
+"An assembly which was not unlawful when it assembled, may subsequently"
+become an unlawful assembly.
+"1. Subs. by the A.O. 1950, for “Central or any Provincial Government or"
+Legislature”.
+Section 142. Being member of unlawful assembly
+"Whoever, being aware of facts which render any assembly an unlawful"
+"assembly, intentionally joins that assembly, or continues in it, is said to be a"
+member of an unlawful assembly.
+Section 143. Punishment
+"Whoever is a member of an unlawful assembly, shall be punished with"
+"imprisonment of either description for a term which may extend to six month,"
+"or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine, or both—cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 144. Joining unlawful assembly armed with deadly weapon
+"Whoever, being armed with any deadly weapon, or with anything which, used"
+"as a weapon of offence, is likely to cause death, is a member of an unlawful"
+"assembly, shall be punished with imprisonment of either description for a"
+"term which may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"Section 145. Joining or continuing in unlawful assembly, knowing it has been"
+commanded to disperse
+"Whoever joins or continues in an unlawful assembly, knowing that such"
+unlawful assembly has been commanded in the manner prescribed by law to
+"disperse, shall be punished with imprisonment of either description for a term"
+"which may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 146. Rioting
+"Whenever force or violence is used by an unlawful assembly, or by any"
+"member thereof, in prosecution of the common object of such assembly, every"
+member of such assembly is guilty of the offence of rioting.
+Section 147. Punishment for rioting
+"Whoever is guilty of rioting, shall be punished with imprisonment of either"
+"description for a term which may extend to two years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"Section 148. Rioting, armed with deadly weapon"
+"Whoever is guilty of rioting, being armed with a deadly weapon or with"
+"anything which, used as a weapon of offence, is likely to cause death, shall be"
+punished with imprisonment of either description for a term which may
+"extend to three years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 149. Every member of unlawful assembly guilty of offence committed in
+prosecution of common object
+If an offence is committed by any member of an unlawful assembly in
+"prosecution of the common object of that assembly, or such as the members or"
+"that assembly knew to be likely to be committed in prosecution of that object,"
+"every person who, at the time of the committing of that offence, is a member"
+"of the same assembly, is guilty of that offence."
+CLASSIFICATION OF OFFENCE
+Punishment—The same as for the offence—According as offence is cognizable
+or non-cognizable—According as offence is bailable or non-bailable—Triable
+by court by which the offence is triable—Non-compoundable.
+"Section 150. Hiring, or conniving at hiring, of persons to join unlawful assembly"
+"Whoever hires or engages, or employs, or promotes, or connives at the hiring,"
+engagement or employment of any person to join or become a member of any
+"unlawful assembly, shall be punishable as a member of such unlawful"
+"assembly, and for any offence which may be committed by any such person as"
+"a member of such unlawful assembly in pursuance of such hiring, engagement"
+"or employment, in the same manner as if he had been a member of such"
+"unlawful assembly, or himself had committed such offence."
+CLASSIFICATION OF OFFENCE
+"Punishment—The same as for a member of such assembly, and for any offence"
+committed by any members of such assembly—Cognizable—According as
+offence is bailable or non-bailable—Triable by court by which the offence is
+triable—Non-compoundable.
+Section 151. Knowingly joining or continuing in assembly of five or more persons after it
+has been commanded to disperse
+Whoever knowingly joins or continues in any assembly of five or more persons
+"likely to cause a disturbance of the public peace, after such assembly has been"
+"lawfully commanded to disperse, shall be punished with imprisonment of"
+"either description for a term which may extend to six months, or with fine, or"
+with both.
+Explanation
+"If the assembly is an unlawful assembly with the meaning of section 141, the"
+offender will be punishable under section 145.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"Section 152. Assaulting or obstructing public servant when suppressing riot, etc."
+"Whoever assaults or threatens to assault, or obstructs or attempts to obstruct,"
+"any public servant in the discharge of his duty as such public servant, in"
+"endeavouring to disperse an unlawful assembly, or to suppress a riot or affray,"
+"or uses, or threatens, or attempts to use criminal force to such public servant,"
+shall be punishable with imprisonment of either description for a term which
+"may extend to three years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 153. Wantonly giving provocation with intent to cause riot-if rioting be
+committed-if not committed
+"Whoever malignantly, or wantonly, by doing anything which is illegal, gives"
+provocation to any person intending of knowing it to be likely that such
+"provocation will cause the offence of rioting to be committed, shall, if the"
+"offence of rioting be committed in consequence of such provocation, be"
+punished with imprisonment of either description for a term which may
+"extend to one year, or with fine, or with both ; and if the offence of rioting be"
+"not committed, imprisonment of either description for a term which may"
+"extend to six months, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable"
+—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"Section 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
+"[153A. Promoting enmity between different groups on grounds of religion,"
+1
+"race, place of birth, residence, language, etc., and doing acts prejudicial to"
+maintenance of harmony.—(1) Whoever
+"(a) By words, either spoken or written, or by signs or by visible"
+"representations or otherwise, promotes or attempts to promote, on grounds of"
+"religion, race, place or birth, residence, language, caste or community or any"
+"other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will"
+"between different religious, racial, language or regional groups or castes or"
+"communities, or"
+(b) Commits any act which is prejudicial to the maintenance of harmony
+"between different religious, racial, language or regional groups or castes or"
+"communities, and which disturbs or is likely to disturb the public tranquility,"
+2[or]
+"[(c) Organizes any exercise, movement, drill or other similar activity"
+2
+intending that the participants in such activity shall use or be trained to use
+criminal force or violence of knowing it to be likely that the participants in
+"such activity will use or be trained to use criminal force or violence, or"
+participates in such activity intending to use or be trained to use criminal force
+or violence or knowing it to be likely that the participants in such activity will
+"use or be trained to use criminal force or violence, against any religious, racial,"
+language or regional group or caste or community and such activity for any
+reason whatsoever causes or is likely to cause fear or alarm or a feeling of
+"insecurity amongst members of such religious, racial, language or regional"
+"group or caste or community,]"
+"Shall be punished with imprisonment which may extend to three years, or"
+"with fine, or with both."
+"Offence committed in place of worship, etc.— (2) Whoever commits an"
+offence specified in sub-section (1) in any place of worship or in any assembly
+"engaged in the performance of religious worship or religious ceremonies, shall"
+be punished with imprisonment which may extend to five years and shall also
+be liable to fine.]
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Section 153A subs. by Act 41 of 1961, sec. 2 (w.e.f. 12-9-1961) and again subs."
+"by Act 35 of 1969, sec. 2, for the former section (w.e.f. 4-9-1969)."
+"2. Ins. by Act 31 of 1972, sec. 2 (w.e.f. 14-6-1972)."
+Section 153AA. Punishment for knowingly carrying arms in any procession or
+"organising, or holding or taking part in any mass drill or mass training with arms"
+[153AA. Punishment for knowingly carrying arms in any procession or
+1
+"organising, or holding or taking part in any mass drill or mass training with"
+arms.—Whoever knowingly carries arms in any procession or organizes or
+holds or takes part in any mass drill or mass training with arms in any public
+place in contravention of any public notice or order issued or made under
+"section 144A of the Code of Criminal Procedure, 1973 shall be punished with"
+imprisonment for a term which may extend to six months and with fine which
+may extend to two thousand rupees.
+Explanation
+”Arms” means articles of any description designed or adapted as weapons for
+"offence or defence and includes fire-arms, sharp edged weapons, lathis,"
+dandas and sticks.]
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 6 months and fine of 2000 rupees—
+Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.
+"1. Ins. by Act 25 of 2005, sec. 44."
+"Section 153B. Imputations, assertions prejudicial to national-integration"
+"[153B. Imputations, assertions prejudicial to national-integration.— (1)"
+1
+"Whoever, by words either spoken or written or by signs or by visible"
+"representations or otherwise, –"
+"(a) Makes or publishes any imputation that any class of persons cannot, by"
+"reason or their being members of any religious, racial, language or regional"
+"group or caste or community, bear true faith and allegiance to Constitution of"
+"India as by law established or uphold the sovereignty and integrity of India, or"
+"(b) Asserts, counsels, advises, propagates or publishes that any class or"
+"persons shall, by reason of their being members of any religious, racial,"
+"language or regional group or caste or community, be denied or deprived of"
+their rights as citizens of India or
+"(c) makes or publishes any assertion, counsel, plea or appeal concerning the"
+"obligation of any class of persons, by reason of their being members of any"
+"religious, racial, language or regional group or caste or community, and such"
+"assertion, counsel, plea or appeal causes or is likely to cause disharmony or"
+feelings of enmity or hatred or ill-will between such members and other
+"persons,"
+"shall be punished with imprisonment which may extend to three years, or with"
+"fine, or with both."
+"(2) Whoever commits an offence specified in sub-section (1), in any place of"
+worship or in any assembly engaged in the performance of religious worship
+"or religious ceremonies, shall be punished with imprisonment which may"
+extend to five years and shall also be liable to fine.]
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Ins. by Act 31 of 1972, sec. 2 (w.e.f. 14-6-1972)."
+Section 154. Owner or occupier of land on which an unlawful assembly is held
+"Whenever any unlawful assembly or riot takes place, the owner or occupier of"
+"the land upon which such unlawful assembly is held, or such riot is"
+"committed, and any person having or claiming an interest in such land, shall"
+"be punishable with fine not exceeding one thousand rupees, if he or his agent"
+"or manager, knowing that such offence is being or has been committed, or"
+"having reason to believe it is likely to be committed, do not give the earliest"
+notice thereof in his or their power to the principal officer at the nearest
+"police-station, and do not, in the case of his or their having reason to believe"
+"that it was about to be committed, use all lawful means in his or their power to"
+"prevent, it and, in the event of its taking place, do not use all lawful means in"
+his or their power to disperse or suppress the riot or unlawful assembly.
+CLASSIFICATION OF OFFENCE
+"Punishment—Fine of 1,000 rupees—Non-cognizable—Bailable—Triable by any"
+Magistrate—Non-compoundable.
+Section 155. Liability of person for whose benefit riot is committed
+Whenever a riot is committed for the benefit or on behalf of any person who is
+"the owner or occupier of any land, respecting which such riot takes place or"
+"who claims any interest in such land, or in the subject of any dispute which"
+"gave rise to the riot, or who has accepted or derived any benefit there from,"
+"such person shall be punishable with fine, if he or his agent of manage, having"
+reason to believe that such riot was likely to be committed or that the unlawful
+"assembly by which such riot was committed was likely to be held, shall not"
+respectively use all lawful means in his or their power to prevent such
+"assembly or riot from taking place, and for suppressing and dispersing the"
+same.
+CLASSIFICATION OF OFFENCE
+Punishment—Fine—Non-cognizable—Bailable—Triable by any Magistrate—
+Non-compoundable.
+Section 156. Liability of agent of owner of occupier for whose benefit riot is committed
+Whenever a riot is committed for the benefit or on behalf of any person who is
+"the owner or occupier of any land respecting which such riot takes place, or"
+"who claims any interest in such land, or in the subject or nay dispute which"
+"gave rise to the riot, or who has accepted or derived any benefit there from,"
+"the agent or manager or such person shall be punishable with fine, if such"
+"agent or manager, having reason to believe that such riot was likely to be"
+"committed, or that the unlawful assembly by which such riot was committed"
+"was likely to be held, shall not use all lawful means in his power to prevent"
+such riot or assembly from taking place and for suppressing and dispersing
+the same.
+CLASSIFICATION OF OFFENCE
+Punishment—Fine—Non-cognizable—Bailable—Triable by any Magistrate—
+Non-compoundable.
+Section 157. Harbouring persons hired for an unlawful assembly
+"Whoever harbours, receives or assembles, in any house or premises in his"
+"occupation or charge, or under his control any persons, knowing that such"
+"persons have been hired, engaged or employed, or are about to be hired,"
+"engaged or employed, to join or become members of an unlawful assembly,"
+shall be punished with imprisonment of either description for a term which
+"may extend to six months, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 158. Being hired to take part in an unlawful assembly or riot
+"Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to"
+"do or assist in doing any of the acts specified in Section 141, shall be punished"
+with imprisonment of either description for a term which may extend to six
+"months, or with fine, or with both,"
+"or to go armed.— and whoever, being so engaged or hired as aforesaid, goes"
+"armed, or engages or offers to go armed, with any deadly weapon or with"
+"anything which used as a weapon of offence is likely to cause death, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 159. Affray
+"When two or more persons, by fighting in a public place, disturb the public"
+"peace, they are said to “commit an affray”."
+Section 160. Punishment for committing affray
+"Whoever commits an affray, shall be punished with imprisonment of either"
+"description for a term which may extend to one month, or with fine which may"
+"extend to one hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for one month, or fine of 100 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 161-165A. Repealed
+"[Rep. by the Prevention of Corruption Act, 1988 (49 or 1988), sec. 31.]"
+"Section 166. Public servant disobeying law, with intent to cause injury to any person"
+"Whoever, being a public servant, knowingly disobeys any direction of the law"
+"as to the way in which he is to conduct himself as such public servant,"
+"intending to cause, or knowing it to be likely that he will, by such"
+"disobedience, cause injury to any person, shall be punished with simple"
+"imprisonment for a term which may extend to one year, or with fine, or with"
+both.
+Illustration
+"A, being an officer directed by law to take property in execution, in order to"
+"satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly"
+"disobeys that direction of law, with the knowledge that he is likely thereby to"
+cause injury to Z. A has committed the offence defined in this section.
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 1 year, or fine, or both—Non-"
+cognizable—Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+1 Section 166A.
+"Whoever, being a public servant,–"
+(a ) knowingly disobeys any direction of the law which prohibits him from
+requiring the attendance at 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 regulating the 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 of Criminal Procedure, 1973, in relation to cognizable"
+"offence punishable under section 326A, section 326B, section 354, section"
+"354B, section 370, section 370A, section 376, section 376A, section 376B,"
+"section 376C, section 376D, section 376E or section 509, shall be punished"
+with rigorous imprisonment for a term which shall not be less than six months
+"but which may extend to two years, and shall also be liable to fine."
+Section 166B.
+"Whoever, being in charge of a hospital, public or private, 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, shall be punished with imprisonment for a term which may extend to"
+one year or with fine or with both]
+"1 Inserted by Section 3 of ‘The Criminal Law (Amendment) Act, 2013′"
+Section 167. Public servant farming an incorrect document with intent to cause injury
+"Whoever, being a public servant, and being, as [such public servant, charged"
+1
+"with the preparation or translation of any document or electronic record,"
+"frames, prepares or translates that document or electronic record] in a"
+"manner which he knows or believes to be incorrect, intending thereby to cause"
+"or knowing it to be likely that he may thereby cause injury to any person, shall"
+be punished with imprisonment of either description for a term which may
+"extend to three years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-"
+2000).
+Section 168. Public servant unlawfully engaging in trade
+"Whoever, being a public servant, and being legally bound as such public"
+"servant not to engage in trade, engages in trade, shall be punished with simple"
+"imprisonment for a term which may extend to one year, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 1 year, or fine, or both—Non-"
+cognizable—Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+Section 169. Public servant unlawfully buying or bidding for property
+"Whoever, being a public servant, and being legally bound as such public"
+"servant, not to purchase or bid for certain property, purchases or bids for that"
+"property, either in his own name or in the name of another, or jointly, or in"
+"shares with others, shall be punished with simple imprisonment for a term"
+"which may extend to two years, or with fine, or with both; and the property, if"
+"purchased, shall be confiscated."
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 2 years, or fine, or both and"
+"confiscation of property, if purchased—Non-cognizable—Bailable—Triable by"
+Magistrate of the first class—Non-compoundable.
+Section 170. Personating a public servant
+"Whoever pretends to hold any particular office as a public servant, knowing"
+that he does not hold such office or falsely personates any other person
+"holding such office, and in such assumed character does or attempts to do any"
+"act under colour of such office, shall be punished with imprisonment of either"
+"description for a term which may extend to two years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Non Compoundable.
+Section 171. Wearing garb or carrying token used by public servant with fraudulent intent
+"Whoever, not belonging to a certain class of public servants, wear any garb or"
+carries any token resembling any garb or token used by that class of public
+"servants, with the intention that it may be believed, or with the knowledge that"
+"it is likely to be believed, that he belongs to that class of public servants, shall"
+be punished with imprisonment of either description for a term which may
+"extend to three months, or with fine which may extend to two hundred rupees,"
+or with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine of 200 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+"Section 171A. Candidate, Electoral right defined"
+"[171A. “Candidate”, “Electoral right” defined.— For the purposes of this"
+1
+Chapter
+[(a) “candidate” means a person who has been nominated as a candidate at an
+2
+election;]
+"(b) “electoral right” means the right of a person to stand, or not to stand as, or"
+"to withdraw from being, a candidate or to vote or refrain from voting at any"
+election.]
+"1. Section 171A ins. by Act 39 of 1920, sec. 2."
+"2. Subs. by Act 40 of 1975, sec. 9, for clause (a) (w.e.f. 6-8-1975)."
+Section 171B. Bribery
+[171B. Bribery.—(1) Whoever
+1
+(i) gives a gratification to any person with the object of inducing him or any
+other person to exercise any electoral right or of rewarding any person for
+having exercised any such right; or
+(ii) accepts either for himself or for any other person any gratification as a
+reward for exercising any such right or for inducing or attempting to induce
+any other person to exercise any such right;
+commits the offence of bribery:
+Provided that a declaration of public policy or a promise of public action shall
+not be an offence under this section.
+"(2) A person who offers, or agrees to give, or offers or attempts to procure, a"
+gratification shall be deemed to give a gratification.
+(3) A person who obtains or agrees to accept or attempts to obtain a
+"gratification shall be deemed to accept a gratification, and a person who"
+"accepts a gratification as a motive for doing what he does not intend to do, or"
+"as a reward for doing what he has not done, shall be deemed to have accepted"
+the gratification as a reward.]
+"1. Section 171B ins. by Act 39 of 1920, sec. 2."
+Section 171C. Undue influence at elections
+[171C. Undue influence at elections.— (1) Whoever voluntarily interferes or
+1
+attempts to interfere with the free exercise of any electoral right commits the
+offence of undue influence at an election.
+"(2) Without prejudice to the generality of the provisions of sub-section (1),"
+whoever
+"(a) threatens any candidate or voter, or any person in whom a candidate or"
+"voter is interested, with injury of any kind, or"
+(b) induces or attempts to induce a candidate or voter to believe that he or any
+person in whom he is interested will become or will be rendered an object of
+"Divine displeasure or of spiritual censure,"
+shall be deemed to interfere with the free exercise of the electoral right of such
+"candidate or voter, within the meaning of sub-section (1)."
+"(3) A declaration of public policy or a promise of public action, or the mere"
+"exercise of a legal right without intent to interfere with an electoral right, shall"
+not be deemed to be interference within the meaning of this section.]
+"1. Section 171C ins. by Act 39 of 1920, sec. 2."
+Section 171D. Personation at elections
+[171D. Personation at elections.— Whoever at an election applies for a voting
+1
+"paper or votes in the name of any other person, whether living or dead, or in a"
+"fictitious name, or who having voted once at such election applies at the same"
+"election for a voting paper in his own name, and whoever abets, procures or"
+"attempts to procure the voting by any person in any such way, commits the"
+offence or personation at an election:
+[Provided that nothing in this section shall apply to a person who has been
+2
+authorised to vote as proxy for an elector under any law for the time being in
+force in so far as he votes as a proxy for such elector.]]
+"1. Section 171D ins. by Act 39 of 1920, sec. 2."
+"2. Ins. by Act 24 of 2003, sec. 5 (w.e.f. 22-9-2003)"
+Section 171E. Punishment for bribery
+[171E. Punishment for bribery.— Whoever commits the offence of bribery
+1
+shall be punished with imprisonment of either description for a term which
+"may extend to one year, or with fine, or with both:"
+Provided that bribery by treating shall be punished with fine only.
+Explanation
+"“Treating” means that form of bribery where the gratification consists in food,"
+"drink, entertainment, or provision.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both or if treating only, fine"
+only—Non-cognizable—Bailable—Triable by Magistrate of the first class—
+Non-compoundable.
+"1. Section 171E ins. by Act 39 of 1920, sec. 2."
+Section 171F. Punishment for undue influence or personation at an election
+[171F. Punishment for undue influence or personation at an election.—
+1
+Whoever commits the offence of undue influence or personation at an election
+shall be punished with imprisonment of either description for a term which
+"may extend to one year or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 1 year, or fine, or both or if treating only, fine"
+only—Non-cognizable—Bailable—Triable by Magistrate of the first class—
+Non-compoundable.
+Para II
+"Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable"
+—Triable by Magistrate of the first class—Non-compoundable.
+"1. Section 171F ins. by Act 39 of 1920, sec. 2."
+Section 171G. False statement in connection with an election
+[171G. False statement in connection with an election.— Whoever with intent
+1
+to affect the result of an election makes or publishes any statement purporting
+to be a statement of fact which is false and which he either knows or believes
+"to be false or does not believe to be true, in relation to the personal character"
+or conduct of any candidate shall be punished with fine.]
+CLASSIFICATION OF OFFENCE
+Punishment—Fine—Non-cognizable—Bailable—Triable by Magistrate of the
+first class—Non-compoundable.
+"1. Section 171G ins. by Act 39 of 1920, sec. 2."
+Section 171H. Illegal payments in connection with an election
+[171H. Illegal payments in connection with an election.— Whoever without
+1
+the general or special authority in writing of a candidate incurs or authorises
+"expenses on account of the holding of any public meeting, or upon any"
+"advertisement, circular or publication, or in any other way whatsoever for the"
+"purpose of promoting or procuring the election of such candidate, shall be"
+punished with fine which may extend to five hundred rupees:
+Provided that if any person having incurred any such expenses not exceeding
+the amount of ten rupees without authority obtains within ten days from the
+date on which such expenses were incurred the approval in writing of the
+"candidate, he shall be deemed to have incurred such expenses with the"
+authority of the candidate.]
+CLASSIFICATION OF OFFENCE
+Punishment—Fine of 500 rupees—Non cognizable—Bailable—Triable by
+Magistrate of the first class—Non-compoundable.
+"1. Section 171H ins. by Act 39 of 1920, sec. 2."
+Section 171I. Failure to keep election accounts
+[171-I. Failure to keep election accounts.— Whoever being required by any law
+1
+for the time being in force or any rule having the force of law to keep accounts
+of expenses incurred at or in connection with an election fails to keep such
+accounts shall be punished with fine which may extend to five hundred
+rupees.]
+CLASSIFICATION OF OFFENCE
+Punishment—Fine of 500 rupees—Non-cognizable—Bailable—Triable by
+Magistrate of the first class—Non-compoundable.
+"1. Section 171-I ins. by Act 39 of 1920, sec. 2."
+Section 172. Absconding to avoid service of summons or other proceeding
+"Whoever absconds in order to avoid being served with a summons, notice or"
+"order, proceeding from any public servant legally competent, as such public"
+"servant, to issue such summons, notice or order, shall be punished with simple"
+"imprisonment for a term which may extend to one month, or with fine which"
+"may extend to five hundred rupees, or with both;"
+"or, if the summons or notice or order is to attend in person or by agent, or"
+"to [produce a document or an electronic record in a Court of Justice], with"
+1
+"simple imprisonment for a term which may extend to six months, or with fine"
+"which may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both"
+—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or"
+both—Non-cognizable—Bailable—Triable by any Magistrate—Non-
+compoundable.
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “produce a document in a"
+Court of Justice” (w.e.f. 17-10-2000).
+"Section 173. Preventing service of summons or other proceeding, or preventing"
+publication thereof
+"Whoever in any manner intentionally prevents the serving on himself, or on"
+"any other person, of any summons, notice or order proceeding from any public"
+"servant legally competent, as such public servant, to issue such summons,"
+"notice or order,"
+"or intentionally prevents the lawful affixing to any place of any such summons,"
+"notice or order,"
+"or intentionally removes any such summons, notice or order from any place to"
+"which it is lawfully affixed,"
+"or intentionally prevents the lawful making of any proclamation, under the"
+"authority of any public servant legally competent, as such public servant, to"
+"direct such proclamation to be made,"
+shall be punished with simple imprisonment for a term which may extend to
+"one month, or with fine which may extend to five hundred rupees, or with"
+both;
+"or, if the summons, notice, order or proclamation is to attend in person or by"
+"agent, or [to produce a document or electronic record in a Court of Justice],"
+1
+"with simple imprisonment for a term which may extend to six months, or with"
+"fine which may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both"
+—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or"
+both—Non-cognizable—Bailable—Triable by any Magistrate—Non-
+compoundable.
+–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “to produce a document in a"
+Court of Justice” (w.e.f. 17-10-2000).
+Section 174. Non-attendance in obedience to an order form public servant
+"Whoever, being legally bound to attend in person or by an agent at a certain"
+"place and time in obedience to a summons, notice, order or proclamation"
+"proceeding from any public servant legally competent, as such public servant,"
+"to issue the same,"
+"intentionally omits to attend at that place or time, or departs from the place"
+where he is bound to attend before the time at which it is lawful for him to
+"depart,"
+shall be punished with simple imprisonment for a term which may extend to
+"one month, or with fine which may extend to five hundred rupees, or with"
+"both,"
+"or, if the summons, notice, order or proclamation is to attend in person or by"
+"agent in a Court of Justice, with simple imprisonment for a term which may"
+"extend to six months, or with fine which may extend to one thousand rupees,"
+or with both.
+Illustrations
+"(a) A, being legally bound to appear before the [High Court] at Calcutta, in"
+1
+"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 [District Judge], as a witness, in"
+2
+obedience to a summons issued by that [District Judge] intentionally omits to
+2
+appear. A has committed the offence defined in this section.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both"
+—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or"
+both—Non-cognizable—Bailable—Triable by any Magistrate—Non-
+compoundable.
+"1. Subs. by the A.O. 1950, for “Supreme Court”."
+"2. Subs. by the A.O. 1950, for “Zila Judge”."
+Section 174A. Non-appearance in response to a proclamation under section 82 of Act 2 of
+1974
+[174A. Non-appearance in response to a proclamation under section 82 of Act
+1
+2 of 1974.— Whoever fails to appear at the specified place and the specified
+time as required by a proclamation published under sub-section (1) of section
+"82 of the Code of Criminal Procedure, 1973 shall be punished with"
+imprisonment for a term which may extend to three years or with fine or with
+"both, and where a declaration has been made under sub-section (4) of that"
+"section pronouncing him as a proclaimed offender, he shall be punished with"
+imprisonment for a term which may extend to seven years and shall also be
+liable to fine.]
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 3 years or fine, or with both—Cognizable—"
+Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Ins. by Act 25 of 2005, sec. 44 (w.e.f. 23-6-2006)."
+Section 175. Omission to produce document or electronic record to public servant by
+person legally bound to produce it.
+175. Omission to produce [document or electronic record] to public servant by
+1
+"person legally bound to produce it.—Whoever, being legally bound to produce"
+"or deliver up any [document or electronic record] of any public servant, as"
+1
+"such, intentionally omits so to produce or deliver up the same, shall be"
+punished with simple imprisonment for a term which may extend to one
+"month, or with fine which may extend to five hundred rupees, or with both,"
+"or, if the [document or electronic record] is to be produced or delivered up to"
+1
+"a Court of Justice, with simple imprisonment for a term which may extend to"
+"six months, or with fine which may extend to one thousand rupees, or with"
+both.
+Illustration
+"A, being legally bound to produce a document before a [District Court],"
+2
+intentionally omits to produce the same. A has committed the offence defined
+in this section.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both"
+—Non-cognizable—Bailable—Triable by the Court in which the offence is
+"committed, subject to the provisions of Chapter XXVI or, if not committed in a"
+"Court, any Magistrate—Non-compoundable."
+Para II
+"Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or"
+both—Non-cognizable—Bailable—Triable by the Court in which the offence is
+"committed, subject to the provisions of Chapter XXVI; or, if not committed in"
+"a Court, any Magistrate—Non-compoundable."
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-"
+2000).
+"2 Subs. by the A.O. 1950, for “Zila Court”."
+Section 176. Omission to give notice or information to public servant by person legally
+bound to give it
+"Whoever, being legally bound to give any notice or to furnish information on"
+"any subject to any public servant, as such, intentionally omits to give such"
+notice or to furnish such information in the manner and at the time required
+"by law, shall be punished with simple imprisonment for a term which may"
+"extend to one month, or with fine which may extend to five hundred rupees, or"
+with both;
+"or, if the notice or information required to be given respects the commission of"
+"an offence, or is required for the purpose of preventing the commission of an"
+"offence, or in order to the apprehension of an offender, with simple"
+"imprisonment for a term which may extend to six months, or with fine which"
+"may extend to one thousand rupees, or with both;"
+"[or, if the notice or information required to be given is required by an order"
+1
+"passed under sub-section (1) of section 565 of the Code of Criminal Procedure,"
+1898 (5 of 1898) with imprisonment of either description for a term which
+"may extend to six months, or with fine which may extend to one thousand"
+"rupees, or with both.]"
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both"
+—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or"
+both—Non-cognizable—Bailable—Triable by any Magistrate—Non-
+compoundable.
+Para III
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+"1. Added by Act 22 of 1939, sec. 2."
+Section 177. Furnishing false information
+"Whoever, being legally bound to furnish information on any subject to any"
+"public servant, as such, furnishes, as true, information on the subject which he"
+"knows or has reason to believe to be false, shall be punished with simple"
+"imprisonment for a term which may extend to six months, or with fine which"
+"may extend to one thousand rupees, or with both;"
+"or, if the information which he is legally bound to give respects the"
+"commission of an offence, or is required for the purpose of preventing the"
+"commission of an offence, or in order to the apprehension of an offender, with"
+"imprisonment of either description for a term which may extend to two years,"
+"or with fine, or with both."
+Illustrations
+"(a) A, a landholder, knowing of the commission of a murder within the limits"
+"of his estate, willfully misinforms the Magistrate of the district that the death"
+has occurred by accident in consequence of the bite of a snake. A is guilty of
+the offence defined in this section
+"(b) A, a village watchman, knowing that a considerable body of strangers has"
+"passed through his village in order to commit a dacoity in the house of Z, a"
+"wealthy merchant residing in a neighbouring place, and being being bound"
+"under clause 5, section VII, [Regulation III, 1821], of the Bengal Code, to give"
+1
+early and punctual information of the above fact to the officer of the nearest
+"police-station, willfully misinforms the police-officer that a body of suspicious"
+characters passed through the village with a view to commit dacoity in a
+certain distant place in a different direction. Here A is guilty of the offence
+defined in the later part of this section.
+Explanation
+2
+In section 176 and in this section the word “offence” includes any act
+"committed at any place out of [India], which, if committed in [India], would"
+3 3
+"be punishable under any of the following sections, namely, 302, 304, 382,"
+"392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459"
+and 460; and the word “offender” includes any person who is alleged to have
+been guilty of any such act.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+1. Rep. by Act 17 of 1862.
+2. Added by Act 3 of 1894.
+"3. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above."
+Section 178. Refusing oath or affirmation when duly required by public servant to make
+it
+"Whoever refuses to bind himself by an oath [or affirmation] to state the truth,"
+1
+when required so to bind himself by a public servant legally competent to
+"require that he shall so bind himself, shall be punished with simple"
+"imprisonment for a term which may extend to six months, or with fine which"
+"may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or"
+both—Non-cognizable—Bailable—Triable by the court in which the offence is
+"committed, subject to the provisions of Chapter XXVI; or, if not committed in"
+"a court, any Magistrate—Non-compoundable."
+1. Rep. by Act 17 of 1862.
+Section 179. Refusing to answer public servant authorised to question
+"Whoever, being legally bound to state the truth on any subject to any public"
+"servant, refuses to answer any question demanded of him touching that"
+subject by such public servant in the exercise of the legal powers of such public
+"servant, shall be punished with simple imprisonment for a term which may"
+"extend to six months, or with fine which may extend to one thousand rupees,"
+or with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or"
+both—Non-cognizable—Bailable—Triable by the court in which the offence is
+"committed, subject to the provisions of Chapter XXVI; or, if not committed in"
+"a court, any Magistrate—Non-compoundable."
+Section 180. Refusing to sign statement
+"Whoever refuses to sign any statement made by him, when required to sign"
+that statement by a public servant legally competent to require that he shall
+"sign that statement, shall be punished with simple imprisonment for a term"
+"which may extend to three months, or with fine which may extend to five"
+"hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 3 months, or fine of 500 rupees, or"
+both—Non-cognizable—Bailable—Triable by the court in which the offence is
+"committed, subject to the provisions of Chapter XXVI; or, if not committed in"
+"a court, any Magistrate—Non-compoundable."
+Section 181. False statement on oath or affirmation to public servant or person
+authorised to administer an oath or affirmation
+"Whoever, being legally bound by an oath [or affirmation] to state the truth on"
+1
+any subject to any public servant or other person authorized by law to
+"administer such oath [or affirmation], makes, to such public servant or other"
+2
+"person as aforesaid, touching the subject, any statement which is false, and"
+"which he either knows or believes to be false or does not believe to be true,"
+shall be punished with imprisonment of either description for a term which
+"may extend to three years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Ins. by Act 10 of 1873, sec. 15."
+"2. Ins. by Act 10 of 1873, sec. 15."
+"Section 182. False information, with intent to cause public servant to use his lawful"
+power to the injury of another person
+"[182. False information, with intent to cause public servant to use his lawful"
+1
+power to the injury of another person.— Whoever gives to any public servant
+"any information which he knows or believes to be false, intending thereby to"
+"cause, or knowing it to be likely that he will thereby cause, such public servant"
+(a) to do or omit anything which such public servant ought not to do or omit if
+the true state of facts respecting which such information is given were known
+"by him, or"
+(b) to use the lawful power of such public servant to the injury or annoyance of
+"any person,"
+shall be punished with imprisonment of either description for a term which
+"may extend to six months, or with fine which may extend to one thousand"
+"rupees, or with both."
+Illustrations
+"(a) A informs a Magistrate that Z, a police-officer, subordinate to such"
+"Magistrate, has been guilty of neglect of duty or misconduct, knowing such"
+"information to be false, and knowing it to be likely that the information will"
+cause the Magistrate to dismiss Z. A has committed the offence defined in this
+section.
+(b) A falsely informs a public servant that Z has contraband salt in a secret
+"place knowing such information to be false, and knowing that it is likely that"
+"the consequence of the information will be a search of Z’s premises, attended"
+with annoyance to Z. A has committed the offence defined in this section.
+(c) A falsely informs a policeman that he has been assaulted and robbed in the
+neighbourhood of a particular village. He does not mention the name of any
+"person as one of his assistants, but knows it to be likely that in consequence of"
+this information the police will make enquiries and institute searches in the
+village to the annoyance of the villages or some of them. A has committed an
+offence under this section.]
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+"1. Subs. by Act 3 of 1895, sec. 1, for the original section."
+Section 183. Resistance to the taking of property by the lawful authority of a public
+servant
+Whoever offers any resistance to the taking of any property by the lawful
+"authority of any public servant, knowing or having reason to believe that he is"
+"such public servant, shall be punished with imprisonment of either"
+"description for a term which may extend to six months, or with fine which may"
+"extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 184. Obstructing sale of property offered for sale by authority of public servant
+Whoever intentionally obstructs any sale of property offered for sale by the
+"lawful authority of any public servant as such, shall be punished with"
+imprisonment of either description for a term which may extend to one
+"month, or with fine which may extend to five hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 month or fine of 500 rupees, or both—Non-"
+cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 185. Illegal purchase or bid for property offered for sale by authority of public
+servant
+"Whoever, at any sale of property held by the lawful authority of a public"
+"servant, as such, purchases or bids for any property on account of any person,"
+"whether himself or any other, whom he knows to be under a legal incapacity to"
+"purchase that property at that sale, or bids for such property not intending to"
+"perform the obligations under which he lays himself by such bidding, shall be"
+punished with imprisonment of either description for a term which may
+"extend to one month, or with fine which may extend to two hundred rupees, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 month, or fine of 200 rupees, or both—Non-"
+cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 186. Obstructing public servant in discharge of public functions
+Whoever voluntarily obstructs any public servant in the discharge of his public
+"functions, shall be punished with imprisonment of either description for a"
+"term which may extend to three months, or with fine which may extend to five"
+"hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+State Amendment
+Andhra Pradesh
+Offence under section 186 is cognizable.
+"[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991]"
+Section 187. Omission to assist public servant when bound by law to give assistance
+"Whoever, being bound by law to render or furnish assistance to any public"
+"servant in the execution of his public duty, intentionally omits to give such"
+"assistance, shall be punished with simple imprisonment for a term which may"
+"extend to one month, or with fine which may extend to two hundred rupees, or"
+with both;
+and if such assistance be demanded to him by a public servant legally
+competent to make such demand for the purposes of executing any process
+"lawfully issued by a Court of Justice, or of preventing the commission of an"
+"offence, or of suppressing a riot, or affray, or of apprehending a person"
+"charged with or guilty of an offence, or of having escaped from lawful custody,"
+shall be punished with simple imprisonment for a term which may extend to
+"six months, or with fine which may extend to five hundred rupees, or with"
+both.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 1 month, or the fine of 200 rupees, or"
+both—Non-cognizable—Bailable—Triable by any Magistrate—Non-
+compoundable.
+Para II
+"Punishment—Simple imprisonment for 6 months, or fine of 500 rupees, or"
+both—Non-cognizable—Bailable—Triable by any Magistrate—Non-
+compoundable.
+Section 188. Disobedience to order duly promulgated by public servant
+"Whoever, knowing that, by an order promulgated by a public servant lawfully"
+"empowered to promulgate such order, he is directed to abstain from a certain"
+"act, or to take certain order with certain property in his possession or under"
+"his management, disobeys such direction,"
+"shall, if such disobedience causes to tender to cause obstruction, annoyance or"
+"injury, or risk of obstruction, annoyance of injury, to any persons lawfully"
+"employed, be punished with simple imprisonment for a term which may"
+"extend to one month or with fine which may extend to two hundred rupees, or"
+with both;
+"and if such disobedience causes or trends to cause danger to human life,"
+"health or safety, or causes or tends to cause a riot or affray, shall be punished"
+with imprisonment of either description for a term which may extend to six
+"months, or with fine which may extend to one thousand rupees, or with both."
+Explanation
+"It is not necessary that the offender should intend to produce harm, or"
+contemplate his disobedience as likely to produce harm. It is sufficient that he
+"knows of the order which he disobeys, and that his disobedience produces, or"
+"is likely to produce, harm."
+Illustration
+An order is promulgated by a public servant lawfully empowered to
+"promulgate such order, directing that a religious procession shall not pass"
+"down a certain street. A knowingly disobeys the order, and thereby causes"
+danger of riot. A has committed the offence defined in this section.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 1 month, or fine of 200 rupees, or"
+both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 189. Threat of injury to public servant
+"Whoever holds out any threat of injury to any public servant, or to any person"
+"in whom he believes that public servant to be interested, for the purpose of"
+"inducing that public servant to do any act, or to forbear or delay to do any act,"
+"connected with the exercise of the public functions of such public servant,"
+shall be punished with imprisonment of either description for a term which
+"may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+State Amendments
+Andhra Pradesh
+In Andhra Pradesh offence under section 189 is cognizable.
+"[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991]"
+Section 190. Threat of injury to induce person to refrain from applying for protection to
+public servant
+Whoever holds out any threat of injury to any person for the purpose of
+inducing that person to refrain or desist from making a legal application for
+protection against any injury to any public servant legally empowered as such
+"to give such protection, or to cause such protection to be given, shall be"
+punished with imprisonment of either description for a term which may
+"extend to one year, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+State Amendment
+Andhra Pradesh
+Offence under section 190 is cognizable.
+"[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991]."
+Section 191. Giving false evidence
+"Whoever, being legally bound by an oath or by an express provision of law to"
+"state the truth, or being bound by law to make a declaration upon any subject,"
+"makes any statement which is false, and which he either knows or believes to"
+"be false or does not believe to be true, is said to give false evidence."
+Explanation 1
+"A statement is within the meaning of this section, whether it is made verbally"
+or otherwise.
+Explanation 2
+A false statement as to the belief of the person attesting is within the meaning
+"of this section, and a person may be guilty of giving false evidence by stating"
+"that he believes a thing which he does not believe, as well as by stating that he"
+knows a thing which he does not know.
+Illustrations
+"(a) A, in support of a just claim which B has against Z for one thousand"
+"rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim."
+A has given false evidence.
+"(b) A, being bound by an oath to state the truth, states that he believes a"
+"certain signature to be the handwriting of Z, when he does not believe it to be"
+"the handwriting of Z. Here A states that which he knows to be false, and"
+therefore gives false evidence.
+"(c) A, knowing the general character of Z’s handwriting, states that he believes"
+a certain signature to be the handwriting of Z; A in good faith believing it to be
+"so. Here A’s statement is merely as to his belief, and is true as to his belief, and"
+"therefore, although the signature may not be the handwriting of Z, A has not"
+given false evidence.
+"(d) A, being bound by an oath to state the truth, states that he knows that Z"
+"was at a particular place on a particular day, not knowing anything upon the"
+subject. A gives false evidence whether Z was at that place on the day named
+or not.
+"(e) A, an interpreter or translator, gives or certifies as a true interpretation or"
+translation of a statement or document which he is bound by oath to interpret
+"or translate truly, that which is not and which he does not believed to be a true"
+interpretation or translation. A has given in false evidence.
+Section 192. Fabricating false evidence
+Whoever causes any circumstance to exist or [makes any false entry in any
+1
+"book or record or Electronic Record, or makes any document or Electronic"
+"Rercord containing a false statement], intending that such circumstance, false"
+"entry or false statement may appear in evidence in a judicial proceeding, or in"
+"a proceeding taken by law before a public servant as such, or before an"
+"arbitrator, and that such circumstance, false entry or false statement, so"
+"appearing in evidence, may cause any person who in such proceeding is to"
+"form an opinion upon the evidence, to entertain an erroneous opinion"
+"touching any point material to the result of such proceeding, is said “to"
+fabricate false evidence”.
+Illustrations
+"(a) A puts jewels into a box belonging to Z, with the intention that they may be"
+"found in that box, and that this circumstance may cause Z to be convicted of"
+theft. A has fabricated false evidence.
+(b) A makes a false entry in his shop-book for the purpose of using it as
+corroborative evidence in a Court of Justice. A has fabricated false evidence.
+"(c) A, with the intention of causing Z to be convicted of a criminal conspiracy,"
+"writes a letter in imitation of Z’s handwriting, purporting to be addressed to"
+"an accomplice in such criminal conspiracy, and puts the letter in a place which"
+he knows that the officers of the Police are likely to search. A has fabricated
+false evidence.
+–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-"
+2000).
+Section 193. Punishment for false evidence
+Whoever intentionally gives false evidence in any stage of a judicial
+"proceeding, or fabricates false evidence for the purpose of being used in any"
+"stage of a judicial proceeding, shall be punished with imprisonment of either"
+"description for a term which may extend to seven years, and shall also be"
+"liable to fine,"
+"and whoever intentionally gives or fabricates false evidence in any other case,"
+shall be punished with imprisonment of either description for a term which
+"may extend to three years, and shall also be liable to fine."
+Explanation 1
+A trial before a Court-martial; [* * *] is a judicial proceeding.
+1
+Explanation 2
+An investigation directed by law preliminary to a proceeding before a Court of
+"Justice, is a stage of a judicial proceeding, though that investigation may not"
+take place before a Court of Justice.
+Illustration
+"A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z"
+"ought to be committed for trial, makes on oath a statement which he knows to"
+"be false. A this enquiry is a stage of a judicial proceeding, A has given false"
+evidence.
+Explanation 3
+"An investigation directed by a Court of Justice, according to law, and"
+"conducted under the authority of a Court of Justice, is a stage of a judicial"
+"proceeding, though that investigation may not take place before a Court of"
+Justice.
+Illustration
+"A, in any enquiry before an officer deputed by a Court of Justice to ascertain"
+"on the spot the boundaries of land, makes on oath a statement which he knows"
+to be false. As this enquiry is a stage of a judicial proceeding. A has given false
+evidence.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—
+Triable by any Magistrate.
+–
+"1. The words “or before a Military Court of Request” omitted by Act 13 of 1889,"
+sec. 2 and Sch.
+Section 194. Giving or fabricating false evidence with intent to procure conviction of
+capital offence
+"Whoever gives or fabricates false evidence, intending thereby to cause, or"
+"knowing it to be likely that he will thereby cause, any person to be convicted of"
+an offence which is capital [by the law for the time being in force in [India]]
+1 2
+"shall be punished with [imprisonment for life], or with rigorous"
+3
+"imprisonment for a term which may extend to ten years, and shall also be"
+liable to fine;
+if innocent person be thereby convicted and executed.— and if an
+innocent person be convicted and executed in consequence of such false
+"evidence, the person who gives such false evidence shall be punished either"
+with death or the punishment hereinbefore described.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for life, or rigorous imprisonment for 10 years"
+and fine—Non-cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+Para II
+Punishment—Death or as above—Non-cognizable—Non-bailable—Triable by
+Court of Session—Non-compoundable.
+"1. Subs. by the A.O. 1948, for “by the law of British India or England”."
+"2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”."
+"3. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 195. Giving or fabricating false evidence with intent to procure conviction of
+offence punishable with imprisonment for life or imprisonment
+"Whoever gives or fabricates false evidence intending thereby to cause, or"
+"knowing it to be likely that he will thereby cause, any person to be convicted of"
+an offence which [by the law for the time being in force in [India] is not
+1 2
+"capital, but punishable with [imprisonment for life], or imprisonment for a"
+3
+"term of seven years or upwards, shall be punished as a person convicted of"
+that offence would be liable to be punished.
+Illustration
+A gives false evidence before a Court of Justice intending thereby to cause Z to
+be convicted of a dacoity. The punishment of dacoity is [imprisonment for
+3
+"life], or rigorous imprisonment for a term which may extend to ten years, with"
+"or without fine. A, therefore, is liable to [imprisonment for life] or"
+3
+"imprisonment, with or without fine."
+CLASSIFICATION OF OFFENCE
+Punishment—The same as for the offence—Non-cognizable—Non-bailable—
+Triable by Court of Session—Non-compoundable.
+"1. Subs. by the A.O. 1948, for “by the law of British India or England”."
+"2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”."
+"3. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 195A. Threatening any person to give false evidence
+[195A. [Threatening any person to give false evidence].— Whoever threatens
+1 2
+"another with any injury to his person, reputation or property or to the person"
+"or reputation of any one in whom that person is interested, with intent to"
+cause that person to give false evidence shall be punished with imprisonment
+"of either description for a term which may extend to seven years, or with fine,"
+or with both;
+and if innocent person is convicted and sentenced in consequence of such false
+"evidence, with death or imprisonment for more than seven years, the person"
+who threatens shall be punished with the same punishment and sentence in
+the same manner and to the same extent such innocent person is punished
+and sentenced.]
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years or fine or both—Cognizable—Non-
+bailable—Triable by Court by which offence of giving false evidence is triable—
+Non-compoundable.
+Para II
+Punishment—Same as for the offence for which the false evidence was given—
+Cognizable—Non-bailable—Triable by Court by which offence of giving false
+evidence is triable—Non-compoundable.
+"1. Ins. by Act 2 of 2006, sec. 2 (w.e.f. 16-4-2006)."
+"2. Corrected vide Corrigendum, dated 3rd March, 2006."
+Section 196. Using evidence known to be false
+Whoever corruptly uses or attempts to use as true or genuine evidence any
+"evidence which he knows to be false or fabricated, shall be punished in the"
+same manner as if he gave or fabricated false evidence.
+CLASSIFICATION OF OFFENCE
+Punishment—The same as for the giving or fabricating false evidence—Non-
+cognizable—According as offence of giving such evidence is bailable or non-
+bailable—Triable by court by which offence of giving or fabricating false
+evidence is triable—Non-compoundable.
+Section 197. Issuing or signing false certificate
+"Whoever issues or signs any certificate required by law to be given or signed,"
+or relating to any fact of which such certificate is by law admissible in
+"evidence, knowing or believing that such certificate is false in any material"
+"point, shall be punished in the same manner as if he gave false evidence."
+CLASSIFICATION OF OFFENCE
+Punishment—The same as for the giving or fabricating false evidence—Non-
+cognizable—Bailable.—Triable by court by which offence of giving false
+evidence is triable—Non-compoundable.
+Section 198. Using as true a certificate known to be false
+Whoever corruptly uses or attempts to use any such certificate as a true
+"certificate, knowing the same to be false in any material point, shall be"
+punished in the same manner as if he gave false evidence.
+CLASSIFICATION OF OFFENCE
+Punishment—The same as for the giving or fabricating false evidence—Non-
+cognizable—Bailable—Triable by court by which offence of giving false
+evidence is triable—Non-compoundable.
+Section 199. False statement made in declaration which is by law receivable as evidence
+"Whoever, in any declaration made or subscribed by him, which declaration"
+"any Court of Justice, or any public servant or other person, is bound or"
+"authorized by law to receive as evidence of any fact, makes any statement"
+"which is false, and which he either knows or believes to be false or does not"
+"believe to be true, touching any point material to the object for which the"
+"declaration is made or used, shall be punished in the same manner as if he"
+gave false evidence.
+CLASSIFICATION OF OFFENCE
+Punishment—The same as for the giving or fabricating false evidence—Non-
+cognizable-Bailable—Triable by court by which offence of giving false evidence
+is triable—Non-compoundable.
+Section 200. Using as true such declaration knowing it to be false
+"Whoever corruptly uses or attempts to use as true any such declaration,"
+"knowing the same to be false in any material point, shall be punished in the"
+same manner as if he gave false evidence.
+Explanation
+A declaration which is inadmissible merely upon the ground of some
+"informality, is a declaration within the meaning of sections 199 to 200."
+CLASSIFICATION OF OFFENCE
+Punishment—The same as for giving or fabricating false evidence—Non-
+cognizable—Bailable—Triable by court by which offence of giving false
+evidence is triable—Non-compoundable.
+"Section 201. Causing disappearance of evidence of offence, or giving false information to"
+screen offender
+"Whoever, knowing or having reason to believe that an offence has been"
+"committed, causes any evidence of the commission of that offence to"
+"disappear, with the intention of screening the offender from legal punishment,"
+or with that intention gives any information respecting the offence which he
+knows or believes to be false;
+"if a capital offence.—shall, if the offence which he knows or believes to have"
+"been committed is punishable with death, be punished with imprisonment of"
+"either description for a term which may extend to seven years, and shall also"
+be liable to fine;
+if punishable with imprisonment for life.—and if the offence is
+"punishable with 1[imprisonment for life], or with imprisonment which may"
+"extend to ten years, shall be punished with imprisonment of either description"
+"for a term which may extend to three years, and shall also be liable to fine;"
+if punishable with less than ten years’ imprisonment.—and if the
+offence is punishable with imprisonment for any term not extending to ten
+"years, shall be punished with imprisonment of the description provided for the"
+"offence, for a term which may extend to one-fourth part of the longest term of"
+"the imprisonment provided for the offence, or with fine, or with both."
+Illustration
+"A, knowing that B has murdered Z, assists B to hide the body with the"
+intention of screening B from punishment. A is liable to imprisonment of
+"either description for seven years, and also to fine."
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years and fine—According as the offence in
+relation to which disappearance of evidence is caused is cognizable or non-
+cognizable—Bailable—Triable by Court of Session—Non-compoundable.
+Para II
+Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para III
+Punishment—Imprisonment for a quarter of the longest term provided for the
+"offence, or fine or both—Non-cognizable—Bailable—Triable by court by which"
+the offence is triable—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 202. Intentional omission to give information of offence by person bound to
+inform
+"Whoever, knowing or having reason to believe that an offence has been"
+"committed, intentionally omits to give any information respecting that offence"
+"which he is legally bound to give, shall be punished with imprisonment of"
+"either description for a term which may extend to six months, or with fine, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 203. Giving false information respecting an offence committed
+Whoever knowing or having reason to believe that an offence has been
+"committed, gives any information respecting that offence which he knows or"
+"believes to be false, shall be punished with imprisonment of either description"
+"for a term which may extend to two year, or with fine, or with both."
+"[Explanation.—In sections 201 and 202 and in this section the word “offence”,"
+1
+"includes any act committed at any place out of 2[India], which, if committed"
+"in [India], would be punishable under any of the following sections, namely,"
+2
+"302, 304, 382, 392 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449,"
+"450, 457, 458, 459 and 460.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+–
+"1. Added by Act 3 of 1894, sec. 6."
+"2. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+Section 204. Destruction of document or electronic record to prevent its production as
+sevidence
+Destruction of [document or electronic record] to prevent its production as
+1
+sevidence.— Whoever secretes or destroys any [document or Electronic
+1
+Record] which he may be lawfully compelled to produce as evidence in a Court
+"of Justice, or in any proceeding lawfully held before a public servant, as such,"
+or obliterates or renders illegible the whole or any part of such [document or
+1
+Electronic Record] with the intention of preventing the same from being
+"produced or used as evidence before such Court or public servant as aforesaid,"
+or after he shall have been lawfully summoned or required to produce the
+"same for that purpose, shall be punishable with imprisonment of either"
+"description for a term which may extend to two years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-"
+2000).
+Section 205. False personation for purpose of act or proceeding in suit or prosecution
+"Whoever falsely personates another, and in such assumed character makes"
+"any admission or statement, or confesses judgment, or causes any process to"
+"be issued or becomes bail or security, or does any other act in any suit or"
+"criminal prosecution, shall be punished with imprisonment of either"
+"description for a term which may extend to three years or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 206. Fraudulent removal or concealment of property to prevent its seizure as
+forfeited or in execution
+"Whoever fraudulently removes, conceals, transfers or delivers to any person"
+"any property or any interest therein, intending thereby to prevent that"
+property or interest therein from being taken as a forfeiture or in satisfaction
+"of a fine, under a sentence which has been pronounced, or which he knows to"
+"be likely to be pronounced, by a Court of Justice or other competent authority,"
+"or from being taken in execution of a decree or order which has been made, or"
+"which he knows to be likely to be made by a Court of Justice in a civil suit,"
+shall be punished with imprisonment of either description for a term which
+"may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 207. Fraudulent claim to property to prevent its seizure as forfeited or in
+execution
+"Whoever fraudulently accepts, receives or claims any property or any interest"
+"therein, knowing that he has no right or rightful claim to such property or"
+"interest, or practices any deception touching any right to any property or any"
+"interest therein, intending thereby to prevent that property or interest therein"
+"from being taken as a forfeiture or a satisfaction of a fine, under a sentence"
+"which has been pronounced, or which he knows to be likely to be pronounced"
+"by a Court of Justice or other competent authority, or from being taken in"
+execution of a decree or order which has been made or which knows to be
+"likely to be made by a Court of Justice in a civil suit, shall be punished with"
+"imprisonment of either description for a term which may extend to two years,"
+"or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 208. Fraudulently suffering decree for sum not due
+Whoever fraudulently causes or suffer a decree or order to be passed against
+him at the suit of any person for a sum not due or for a larger sum than is due
+to such person or for any property or interest in property to which such person
+"is not entitled, or fraudulently causes or suffers a decree order to be executed"
+"against him after it has been satisfied, or for anything in respect of which it"
+"has been satisfied, shall be punished with imprisonment of either description"
+"for a term which may extend to two years, or with fine, or with both."
+Illustration
+A institutes a suit against Z. Z knowing that A is likely to obtain a decree
+"against him, fraudulently suffers a judgment to pass against him for a larger"
+"amount at the suit of B, who has no just claim against him, in order that B,"
+"either on his own account or for the benefit of Z, may share in the proceeds of"
+any sale of Z’s property which may be made under A’s decree. Z has committed
+an office under this section.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 209. Dishonestly making false claim in Court
+"Whoever fraudulently or dishonestly, or with intent to injure or any person,"
+"makes in a Court of Justice any claim which he knows to be false, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 210. Fraudulently obtaining decree for sum not due
+Whoever fraudulently obtains a decree or order against any person for a sum
+"not due or for a larger sum than is due, or for any property or interest in"
+"property to which he is not entitled, or fraudulently causes a decree or order to"
+be executed against any person after it has been satisfied or for anything in
+"respect of which it has been satisfied, or fraudulently suffers or permits any"
+"such act to be done in his name, shall be punished with imprisonment of"
+"either description for a term which may extend to two years, or with fine, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 211. False charge of offence made with intent to injure
+"Whoever, with intent to cause injury to any person, institutes or causes to be"
+"instituted any criminal proceeding against that person, or falsely charges any"
+"person with having committed an offence, knowing that there is no just or"
+"lawful ground for such proceeding or charge against that person, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, or with fine, or with both;"
+and if such criminal proceeding be instituted on a false charge of an offence
+"punishable with death [imprisonment for life], or imprisonment for seven"
+1
+"years or upwards, shall be punishable with imprisonment of either description"
+"for a term which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para III
+"Punishment—Imprisonment for 7 years, and fine—No"
+n-cognizable—Bailable—Triable by Court of Session—Non-compoundable.
+—–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 212. Harbouring offender
+"Whenever an offence has been committed, whoever harbours or conceals a"
+"person whom he knows or has reason to believe to be the offender, with the"
+intention of screening him from legal punishment;
+"if a capital offence.—shall, if the offence is punishable with death, be"
+punished with imprisonment of either description for a term which may
+"extend to five years, and shall also be liable to fine;"
+"if punishable with imprisonment for life, or with imprisonment.—"
+"and if the offence is punishable with [imprisonment for life], or with"
+1
+"imprisonment which may extend to ten years, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine;"
+and if the offence is punishable with imprisonment which may extend to one
+"year, and not to ten years, shall be punished with imprisonment of the"
+description provided for the offence for a term which may extend to one-
+"fourth part of the longest term of imprisonment provided for the offence, or"
+"with fine, or with both."
+[“Offence” in this section includes any act committed at any place out
+2
+"of [India], which, if committed in [India], would be punishable under any of"
+3 3
+"the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397,"
+"398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act"
+"shall, for the purposes of this section, be deemed to be punishable as if the"
+accused person had been guilty of it in [India].]
+3
+Exception.—This provision shall not extend to any case in which the harbour
+or concealment is by the husband or wife of the offender.
+Illustration
+"A, knowing that B has committed dacoity, knowingly conceals B in order to"
+"screen him from legal punishment. Here, as B is liable to [imprisonment for"
+1
+"life], A is liable to imprisonment of either description for a term not exceeding"
+"three years, and is also liable to fine."
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 5 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para III
+"Punishment—Imprisonment for a quarter of the longest term, and of the"
+"description, provided for the offence, or fine, or both—Cognizance—Bailable—"
+Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. Ins. by Act 3 of 1894, sec. 7."
+"3. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+"Section 213. Taking gift, etc., to screen an offender from punishment"
+"Whoever accepts or attempts to obtain, or agrees to accept, any gratification"
+"for himself or any other person, or any restitution of property to himself or"
+"any other person, in consideration of his concealing an offence or of his"
+"screening any person from legal punishment for any offence, or of his not"
+proceeding against any person for the purpose of bringing him to legal
+"punishment,"
+"if a capital offence.—shall, if the offence is punishable with death, be"
+punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine;"
+"if punishable with imprisonment for life, or with imprisonment.—"
+"and if the offence is punishable with [imprisonment for life], or with"
+1
+"imprisonment which may extend to ten years, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine;"
+"and if the offence is punishable with imprisonment not extending to ten years,"
+shall be punished with imprisonment of the description provided for the
+offence for a term which may extend to one-fourth part of the longest term of
+"imprisonment provided for the offence, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para III
+"Punishment—Imprisonment for a quarter of the longest term, provided for the"
+"offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the"
+first class—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 214. Offering gift or restoration of property in consideration of screening
+offender
+"Whoever gives or causes, or offers or agrees to give or cause, any gratification"
+"to any person, or [restores or causes the restoration of] any property to any"
+1
+"person, in consideration of that person’s concealing an offence, or of his"
+"screening any person from legal punishment for any offence, or of his not"
+proceeding against any person for the purpose of bringing him to legal
+punishment;
+"if a capital offence.—shall, if the offence is punishable with death, be"
+punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine;"
+"if punishable with imprisonment for life, or with imprisonment.—"
+"and if the offence is punishable with [imprisonment for life], or with"
+2
+"imprisonment which may extend to ten years, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine;"
+"and if the offence is punishable with imprisonment not extending to ten years,"
+shall be punished with imprisonment of the description provided for the
+offence for a term which may extend to one-fourth part of the longest term of
+"imprisonment provided for the offence, or with fine, or with both."
+[Exception.—The provisions of sections 213 and 214 do not extend to any case
+3
+in which the offence may lawfully be compounded.]
+[***]
+4
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 3 years and fine-—Non-cognizable—Bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+Para III
+Punishment—Imprisonment for a quarter of the longest term provided for the
+"offence, or fine, or both—Non-cognizable—Bailable��Triable by Magistrate of"
+the first class—Non-compoundable.
+—-
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. Subs. by Act 42 of 1953, sec. 4 and Sch. III, for “to restore or cause the"
+restoration of” (w.e.f. 23-12-1953).
+"3. Subs. by Act 8 of 1882, sec. 6, for the original Exception."
+"4. Illustrations rep. by Act 10 of 1882, sec. 2 and Sch. I."
+"Section 215. Taking gift to help to recover stolen property, etc."
+Whoever takes or agrees or consents to take any gratification under pretence
+or on account of helping any person to recover any movable property of which
+"he shall have been deprived by any offence punishable under this Code, shall,"
+unless he uses all means in his power to cause the offender to be apprehended
+"and convicted of the offence, be punished with imprisonment of either"
+"description for a term which may extend to two years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 216. Harbouring offender who has escaped from custody or whose apprehension
+has been ordered
+"Whenever any person convicted of or charged with an offence, being in lawful"
+"custody for that offence, escapes from such custody;"
+"or whenever a public servant, in the exercise of the lawful powers of such"
+"public servant, orders a certain person to be apprehended for an offence,"
+"whoever, knowing of such escape or order for apprehension, harbours of"
+conceals that person with the intention of preventing him from being
+"apprehended, shall be punished in the manner following that is to say,"
+if a capital offence.—if the offence for which the person was in custody or is
+"ordered to be apprehended is punishable with death, he shall be punished"
+with imprisonment of either description for a term which may extend to seven
+"years, and shall also be liable to fine;"
+"if punishable with imprisonment for life, or with imprisonment.—if"
+"the offence is punishable with [imprisonment for life], or imprisonment for"
+1
+"ten years, he shall be punished with imprisonment of either description for a"
+"term which may extend to three years, with or without fine;"
+and if the offence is punishable with imprisonment which may extend to one
+"year and not to ten years, he shall be punished with imprisonment of the"
+description provided for the offence for a term which may extend to one-
+"fourth part of the longest term of the imprisonment provided for such offence,"
+"or with fine, or with both."
+[“Offence” in this section includes also any act or omission of which a person
+2
+"is alleged to have been guilty out of [India], which, if he had been guilty of it"
+3
+"in [India], would have been punishable as an offence, and for which he is,"
+3
+"under any law relating to extradition, [***] or otherwise, liable to be appre-"
+4
+hended or detained in custody in [India]; and every such act or omission
+3
+"shall, for the purposes of this section, be deemed to be punishable as if the"
+accused person had been guilty of it in [India].]
+3
+Exception.—This provision does not extend to the case in which the harbour
+or concealment is by the husband or wife of the person to be apprehended.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para II
+"Punishment—Imprisonment for 3 years, with or without fine—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para III
+Punishment—Imprisonment for a quarter of the longest term provided for the
+"offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the"
+first class—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. Ins. by Act 10 of 1886, sec. 23."
+"3. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+"4. The words “or under the Fugitive Offenders Act, 1881,” omitted by Act 3 of"
+"1951, sec. 3 and Sch."
+Section 216A. Penalty for harbouring robbers or dacoits
+"[216A. Penalty for harbouring robbers or dacoits.— Whoever, knowing or"
+1
+having reason to believe that any persons are about to commit or have recently
+"committed robbery or dacoity, harbours them or any of them, with the"
+intention of facilitating the commission of such robbery or dacoity or of
+"screening them or any of them from punishment, shall be punished with"
+"rigorous imprisonment for a term which may extend to seven years, and shall"
+also be liable to fine.
+Explanation
+For the purposes of this section it is immaterial whether the robbery or dacoity
+"is intended to be committed, or has been committed, within or"
+without [India]
+2
+Exception.— This provision does not extend to the case in which the harbour
+is by the husband or wife of the offender.]
+CLASSIFICATION OF OFFENCE
+Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+—–
+"1. Ins. by Act 3 of 1894, sec. 8."
+"2. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+"Section 216B. Definition of “harbour” in sections 212, 216 and 216A"
+"[216B. Definition of “harbour” in sections 212, 216 and 216A.— [Rep. by the"
+1
+"Indian Penal Code (Amendment) Act, 1942 (8 of 1942), sec. 3.]]"
+–
+"1. Ins. by Act 3 of 1894, sec. 8."
+Section 217. Public servant disobeying direction of law with intent to save person from
+punishment or property from forfeiture
+"Whoever, being a public servant, knowingly disobeys any direction of the law"
+"as to the way in which he is conduct himself as such public servant, intending"
+"thereby to save, or knowing it to be likely that he will thereby save, any person"
+"from legal punishment, or subject him to a less punishment than that to which"
+"he is liable, or with intent to save, or knowing that he is likely thereby to save,"
+"any property from forfeiture or any charge to which it is liable by law, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 218. Public servant framing incorrect record or writing with intent to save
+person from punishment or property from forfeiture
+"Whoever, being a public servant, and being as such public servant, charged"
+"with the preparation of any record or other writing, frames that record or"
+"writing in a manner which he knows to be incorrect, with intent to cause, or"
+"knowing it to be likely that he will thereby cause, loss or injury to the public or"
+"to any person, or with intent thereby to save, or knowing it to be likely that he"
+"will thereby save, any person from legal punishment, or with intent to save, or"
+"knowing that he is likely thereby to save, any property from forfeiture or other"
+"charge to which it is liable by law, shall be punished with imprisonment of"
+"either description for a term which may extend to three years, or with fine, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"Section 219. Public servant in judicial proceeding corruptly making report, etc., contrary"
+to law
+"Whoever, being a public servant, corruptly or maliciously makes or"
+"pronounces in any stage of a judicial proceeding, any report, order, verdict, or"
+"decision which he knows to be contrary to law, shall be punished with"
+imprisonment of either description for a term which may extend to seven
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, or fine, or both—Non-Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable
+Section 220. Commitment for trial or confinement by person having authority who
+knows that he is acting contrary to law
+"Whoever, being in any office which gives legal authority to commit persons for"
+"trial or to confinement, or to keep persons in confinement, corruptly or"
+"maliciously commits any person for trial or to confinement, or keeps any"
+"person in confinement, in the exercise of that authority knowing that in so"
+"doing he is acting contrary to law, shall be punished with imprisonment of"
+"either description for a term which may extend to seven years, or with fine, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 221. Intentional omission to apprehend on the part of public servant bound to
+apprehend
+"Whoever, being a public servant, legally bound as such public servant to"
+apprehend or to keep in confinement any person charged with or liable to
+"apprehended for an offence, intentionally omits to apprehend such person, or"
+"intentionally suffers such person to escape, or intentionally aids such person"
+"in escaping or attempting to escape from such confinement, shall be punished"
+"as follows, that is to say:"
+with imprisonment of either description for a term which may extend to seven
+"years, with or without fine, if the person in confinement, or who ought to have"
+"been apprehended, was charged with, or liable to be apprehended for, an"
+offence punishable with death; or
+with imprisonment of either description for a term which may extend to three
+"years, with or without fine, if the person in confinement, or who ought to have"
+"been apprehended, was charged with, or liable to be apprehended for, an"
+offence punishable with [imprisonment for life] or imprisonment for a term
+1
+which may extend to ten years; or
+with imprisonment of either description for a term which may extend to two
+"years, with or without fine, if the person in confinement, or who ought to have"
+"been apprehended, was charged with, or liable to be apprehended for, an"
+offence punishable with imprisonment for a term less than ten years.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 7 years, with or without fine—According as"
+the offence in relation to which such omission has been made in cognizable or
+non-cognizable—Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+Para II
+"Punishment—Imprisonment for 3 years, with or without fine—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para III
+"Punishment—Imprisonment for 2 years, with or without fine—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 222. Intentional omission to apprehend on the part of public servant bound to
+apprehend person under sentence or lawfully committed
+"Whoever, being a public servant, legally bound as such public servant to"
+apprehend or to keep in confinement any person under sentence of a Court of
+"Justice for any offence [or lawfully committed to custody], intentionally omits"
+1
+"to apprehend such person, or intentionally suffers such person to escape, or"
+intentionally aids such person in escaping or attempting to escape from such
+"confinement, shall be punished as follows, that is to say :"
+with [imprisonment of life] or with imprisonment of either description for a
+2
+"term which may extend to fourteen years, with or without fine, if the person in"
+"confinement, or who ought to have been apprehended, is under sentence of"
+death; or
+with imprisonment of either description for a term which may extend to seven
+"years, with or without fine, if the person in confinement or who ought to have"
+"been apprehended, is subject, by a sentence of a Court of Justice, or by virtue"
+"of a commutation of such sentence, to [imprisonment for"
+2
+life] [***] [***] [***] [***] or imprisonment for a term of ten years or
+3 4 5 6
+upwards; or
+with imprisonment of either description for a term which may extend to two
+"years, or with fine, or with both, if the person in confinement, or who ought to"
+"have been apprehended is subject, by a sentence of a Court of Justice, to"
+imprisonment for a term not exceeding to ten years [or if the person was
+7
+lawfully committed to custody].
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for life, or imprisonment for 14 years, with or"
+without fine—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+Para II
+"Punishment—Imprisonment for 7 years, with or without fine—Cognizable—"
+Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para III
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"1. Ins. by Act 27 of 1870, sec. 8."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"3. The words “or penal servitude for life” omitted by Act 17 of 1949, sec. 2"
+(w.e.f. 6-4-1949).
+"4. The words “or to” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-"
+1957).
+"5. The word “transportation” omitted by Act 26 of 1955, sec. 117 and Sch."
+(w.e.f. 1-1-1956).
+"6. The words “or penal servitude” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-"
+1949).
+"7. Ins. by Act 27 of 1870, sec. 8."
+Section 223. Escape from confinement or custody negligently suffered by public servant
+"Whoever, being a public servant legally bound as such public servant to keep"
+in confinement any person charged with or convicted of any offence [or
+1
+"lawfully committed to custody], negligently suffers such person to escape from"
+"confinement, shall be punished with simple imprisonment for a term which"
+"may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cog-"
+nizable—Bailable—Triable by any Magistrate—Non-compoundable.
+–
+"1. Ins. by Act 27 of 1870, sec. 8."
+Section 224. Resistance or obstruction by a person to his lawful apprehension
+Whoever intentionally offers any resistance or illegal obstruction to the lawful
+apprehension of himself for any offence with which he is charged or of which
+"he has been convicted, or escapes or attempts to escape from custody in which"
+"he is lawfully detained for any such offence, shall be punished with"
+"imprisonment of either description for a term which may extend to two years,"
+"or with fine, or with both."
+Explanation
+The punishment in this section is in addition to the punishment for which the
+person to be apprehended or detained in custody was liable for the offence
+"with which he was charged, or of which he was convicted."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 225. Resistance or obstruction to lawful apprehension of another person
+Whoever intentionally offers any resistance or illegal obstruction to the lawful
+"apprehension of any other person for an offence, or rescues or attempts to"
+rescue any other person from any custody in which that person is lawfully
+"detained for an offence, shall be punished with imprisonment of either"
+"description for a term which may extend to two years, or with fine, or with"
+both;
+"or, if the person to be apprehended, or the person rescued or attempted to be"
+"rescued, is charged with or liable to be apprehended for an offence punishable"
+with [imprisonment for life] or imprisonment for a term which may extend to
+1
+"ten years, shall be punished with imprisonment of either description for a"
+"term which may extend to three years, and shall also be liable to fine;"
+"or, if the person to be apprehended, or the person attempted to be rescued, is"
+"charged with or liable to be apprehended for an offence punishable with death,"
+shall be punished with imprisonment of either description for a term which
+"may extend to seven years, and shall also be liable to fine;"
+"or, if the person to be apprehended or rescued, or attempted to be rescued, is"
+"liable under the sentence of a Court of Justice, or by virtue of a commutation"
+"of such a sentence, to [imprisonment for life] [***] [***] [***] or"
+1 2 3 4
+"imprisonment, for a term of ten years or upwards, shall be punished with"
+imprisonment of either description for a term which may extend to seven
+"years, and shall also be liable to fine;"
+"or, if the person to be apprehended or rescued, or attempted to be rescued, is"
+"under sentence of death, shall be punished with [imprisonment for life] or"
+1
+"imprisonment of either description for a term not exceeding ten years, and"
+shall also be liable to fine
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para III & IV
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class.
+Para V
+Punishment—Imprisonment for life or imprisonment for 10 years and fine—
+Cognizable—Non-bailable—Triable by Court of Session.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. The words “or to” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-"
+1957).
+"3. The word “transportation” omitted by Act 26 of 1955, sec. 117 and Sch."
+(w.e.f. 1-1-1956).
+"4. The words “penal servitude” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-"
+1949).
+"Section 225A. Omission to apprehend, or sufferance of escape, on part of public servant,"
+"in cases not otherwise, provided for"
+"[225A. Omission to apprehend, or sufferance of escape, on part of public"
+1
+"servant, in cases not otherwise, provided for.— Whoever, being a public"
+"servant legally bound as such public servant to apprehend, or to keep in"
+"confinement, any person in any case not provided for in section 221, section"
+"222 or section 223, or in any other law for the time being in force, omits to"
+"apprehend that person or suffers him to escape from confinement, shall be"
+punished
+"(a) if he does so intentionally, with imprisonment of either description for a"
+"term which may extend to three years, or with fine, or with both; and"
+"(b) if he does so negligently, with simple imprisonment for a term which may"
+"extend to two years, or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para II
+"Punishment—Simple imprisonment for 2 years, or fine, or both—Non-"
+cognizable—Bailable—Triable by any Magistrate.
+—–
+"1. Sections 225A and 225B subs. by Act 10 of 1886, sec. 24(1), for section 225A"
+"which had been ins. by Act 27 of 1870, sec. 9."
+"Section 225B. Resistance or obstruction to lawful apprehension, or escape or rescue in"
+cases not otherwise provided for
+"[225B. Resistance or obstruction to lawful apprehension, or escape or rescue"
+1
+"in cases not otherwise provided for.— Whoever, in any case not provided for in"
+"section 224 or section 225 or in any other law for the time being in force,"
+intentionally offers any resistance or illegal obstruction to the lawful
+"apprehension of himself or of any other person, or escapes or attempts to"
+"escape from any custody in which he is lawfully detained, or rescues or"
+attempts to rescue any other person from any custody in which that person is
+"lawfully detained, shall be punished with imprisonment of either description"
+"for a term which may extend to six months, or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+—–
+"1. Sections 225A and 225B subs. by Act 10 of 1886, sec. 24(1), for section 225A"
+"which had been ins. by Act 27 of 1870, sec. 9."
+Section 226. Unlawful return from transportation
+"[Rep. by the Code of Criminal Procedure (Amendment) Act, 1995 (26 of 1995), sec. 117 and Sch. (w.e.f."
+1.1.1956).]
+Section 227. Violation of condition of remission of punishment
+"Whoever, having accepted any conditional remission of punishment,"
+"knowingly violates any condition on which such remission was granted, shall"
+"be punished with the punishment to which he was originally sentenced, if he"
+"has already suffered no part of that punishment, and if he has suffered any"
+"part of that punishment, then with so much of that punishment as he has not"
+already suffered.
+CLASSIFICATION OF OFFENCE
+"Punishment—Punishment of original sentence, or if part of the punishment"
+"has been undergone, the residue—Cognizable—Non-bailable—Triable by the"
+court by which the original offence was triable—Non-compoundable.
+Section 228. Intentional insult or interruption to public servant sitting in judicial
+proceeding
+"Whoever intentionally offers any insult, or causes any interruption to any"
+"public servant, while such public servant is sitting in any stage of a judicial"
+"proceeding, shall be punished with simple imprisonment for a term which"
+"may extend to six months, or with fine which may extend to one thousand"
+"rupees, or with both."
+State Amendment
+Andhra Pradesh
+In Andhra Pradesh offence under section 228 is cognizable.
+"[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991]."
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple Imprisonment for 6 months, or fine of 1,000 rupees or"
+both—Non-cognizable—Bailable—Triable by the Court in which the offence is
+"committed, subject to the provisions of Chapter XXVI—Non-compoundable."
+Section 228A. Disclosure of identity of the victim of certain offences etc
+[228A. Disclosure of identity of the victim of certain offences etc.— (1)
+1
+Whoever prints or publishes the name or any matter which may make known
+"the identity of any person against whom an 2[“offence under section 376,"
+"section 376A, section 376B, section 376C, section 376D or section 376E”] is"
+alleged or found to have been committed (hereafter in this section referred to
+as the victim) shall be punished with imprisonment of either description for a
+term which may extend to two years and shall also be liable to fine.
+(2) Nothing in sub-section (1) extends to any printing or publication of the
+name or any matter which may make known the identity of the victim if such
+printing or publication is
+(a) by or under the order in writing of the officer-in-charge of the police
+station or the police officer making the investigation into such offence acting
+in good faith for the purposes of such investigation; or
+"(b) by, or with the authorisation in writing of, the victim; or"
+"(c) where the victim is dead or minor or of unsound mind, by, or with the"
+"authorisation in writing of, the next of kin of the victim:"
+Provided that no such authorisation shall be given by the next of kin to
+"anybody other than the chairman or the secretary, by whatever name called, of"
+any recognised welfare institution or organisation.
+Explanation
+"For the purposes of this sub-section, “recognised welfare institution or"
+organisation” means a social welfare institution or organisation recognised in
+this behalf by the Central or State Government.
+(3) Whoever prints or publishes any matter in relation to any proceeding
+before a court with respect to an offence referred to in sub-section (1) without
+the previous permission of such Court shall be punished with imprisonment of
+either description for a term which may extend to two years and shall also be
+liable to fine.
+Explanation
+The printing or publication of the judgment of any High Court or the Supreme
+Court does not amount to an offence within the meaning of this section.]
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for two years and fine—Cognizable—Bailable—
+Triable by any Magistrate—Non-compoundable.
+Para II
+Punishment—Imprisonment for two years and fine—Cognizable—Bailable—
+Triable by any Magistrate—Non-compoundable.
+"1. Ins. by Act 43 of 1983, sec. 2 (w.e.f. 25-12-1983)."
+"2. Inserted by Section 4 of ‘The Criminal Law (Amendment) Act, 2013′"
+Section 229. Personation of a juror or assessor
+"Whoever by personation or otherwise, shall intentionally cause, or knowingly"
+"suffer himself to be returned, empanelled or sworn as a juryman or assessor in"
+"any case in which he knows that he is not entitled by law to be so returned,"
+"empanelled or sworn, or knowing himself to have been so returned,"
+"empanelled or sworn contrary to law, shall voluntarily serve on such jury or as"
+"such assessor, shall be punished with imprisonment of either description for a"
+"term which may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 229A. Failure by person released on bail or bond to appear in Court
+[229A. Failure by person released on bail or bond to appear in Court.—
+1
+"Whoever, having been charged with an offence and released on bail or on"
+"bond without sureties, fails without sufficient cause (the burden of proving"
+"which shall lie upon him), to appear in Court in accordance with the terms of"
+"the bail or bond, shall be punished with imprisonment of either description for"
+"a term which may extend to one year, or with fine, or with both."
+Explanation
+The punishment under this section is
+(a) in addition to the punishment to which the offender would be liable on a
+conviction for the offence with which he has been charged; and
+(b) without prejudice to the power of the Court to order forfeiture of the
+bond.]
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Non-compoundable.
+–
+"1. Ins. by Act 25 of 2005, sec. 44 (w.e.f. 23-6-2006)"
+Section 230. Coin defined
+"[Coin is metal used for the time being as money, and stamped and issued by"
+1
+the authority of some State or Sovereign Power in order to be so used.]
+Indian coin.— 2[Indian coin is metal stamped and issued by the authority of
+the Government of India in order to be used as money; and metal which has
+been so stamped and issued shall continue to be Indian coin for the purposes
+"of this Chapter, notwithstanding that it may have ceased to be used as money.]"
+Illustrations
+(a) Cowries are not coin.
+"(b) Lumps of unstamped copper, though used as money, are not coin."
+"(c) Medals are not coin, in as much as they are not intended to be used as"
+money.
+(d) The coin denominated as the Company’s rupee is [Indian coin].
+3
+[(e) The “Farukhabad rupee” which was formerly used as money under the
+4
+authority of the Government of India is 4[Indian coin] although it is no longer
+so used].
+"1. Subs. by Act 19 of 1872, sec. 1, for the original first paragraph."
+"2. Subs. by A.O. 1950, for the former paragraph."
+"3. Subs. by the A.O. 1950, for “the Queen’s coin”"
+"4. Ins. by Act 6 of 1896, sec. 1."
+Section 231. Counterfeiting coin
+Whoever counterfeits or knowingly performs any part of the process of
+"counterfeiting coin, shall be punished with imprisonment of either description"
+"for a term which may extend to seven years, and shall also be liable to fine."
+Explanation
+"A person commits this offence who intending to practice deception, or"
+"knowing it to be likely that deception will thereby be practiced, causes a"
+genuine coin to appear like a different coin.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 232. Counterfeiting Indian coin
+"Whoever counterfeits, or knowingly performs any part of the process of"
+"counterfeiting [Indian coin], shall be punished with [imprisonment for life],"
+1 2
+or with imprisonment of either description for a term which may extent to ten
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+—-
+"1. Subs. by the A.O. 1950, for “the Queen’s coin”."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 233. Making or selling instrument for counterfeiting coin
+"Whoever makes or mends, or performs any part of the process of making or"
+"mending, or buys, sells or disposes of, any die or instrument, for the purpose"
+"of being used, or knowing or having reason to believe that it is intended to be"
+"used, for the purpose of counterfeiting coin, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 234. Making or selling instrument for counterfeiting Indian coin
+"Whoever makes or mends, or performs any part of the process of making or"
+"mending, or buys, sells or disposes of , any die or instrument, for the purpose"
+"of being used, or knowing or having reason to believe that it is intended to be"
+"used, for the purpose of counterfeiting [Indian coin], shall be punished with"
+1
+imprisonment of either description for a term which may extend to seven
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Court of Session—Non-compoundable.
+—–
+"1. Subs. by the A.O. 1950, for “the Queen’s coin”."
+"Section 235. Possession of instrument, or material for the purpose of using the same for"
+counterfeiting coin
+"Whoever is in possession of any instrument or material, for the purpose of"
+"using the same for counterfeiting coin, or knowing or having reason to believe"
+"that the same is intended to be used for that purpose, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine;"
+"if Indian coin.—and if the coin to be counterfeited is 1[Indian coin], shall be"
+punished with imprisonment of either description for a term which may
+"extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+—-
+"1. Subs. by the A.O. 1950, for “the Queen’s coin”."
+Section 236. Abetting in India the counterfeiting out of India of coin
+"Whoever, being within [India], abets the counterfeiting of coin out of [India],"
+1 1
+shall be punished in the same manner as if he abetted the counterfeiting of
+such coin within [India].
+1
+CLASSIFICATION OF OFFENCE
+Punishment—The punishment provided for abetting the counterfeiting of such
+coin within India—Cognizable—Non-bailable—Triable by Court of Session—
+Non-compoundable.
+"1. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+Section 237. Import or export of counterfeit coin
+"Whoever imports into [India],or exports there from, any counterfeit coin,"
+1
+"knowing or having reason to believe that the same is counterfeit, shall be"
+punished with imprisonment of either description for a term which may
+extend to three years and shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+Section 238. Import or export of counterfeits of the India coin
+"Whoever imports into [India], or exports there from any counterfeit coin,"
+1
+"which he knows or has reason to believe to be a counterfeit of [Indian coin],"
+2
+"shall be punished with imprisonment with [imprisonment for life], or with"
+3
+"imprisonment of either description for a term which may extend to ten years,"
+and shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+"2. Subs. by the A.O. 1950, for “the Queen’s coin”."
+"3. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 239. Delivery of coin, possessed with knowledge that it is counterfeit"
+"Whoever, having any counterfeit coin, which at the time when he became"
+"possessed of it knew to be counterfeit, fraudulently or with intent that fraud"
+"may be committed, delivers the same to any person, or attempts to induce any"
+person to receive it shall be punished with imprisonment of either description
+"for a term which may extend to five years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"Section 240. Delivery of Indian coin, possessed with knowledge that it is counterfeit"
+"Whoever, having any counterfeit coin which is a counterfeit of [Indian coin],"
+1
+"and which, at the time when he became possessed of it, he knew to be a"
+"counterfeit of [Indian coin], fraudulently or with intent that fraudulently or"
+1
+"with intent that fraud may be committed, delivers the same to any person, or"
+attempts to induce any person to receive it shall be punished with
+"imprisonment of either description for a term which may extend to ten years,"
+and shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+–
+"1. Subs. by the A.O. 1950, for “Queen’s coin”."
+"Section 241. Delivery of coin as genuine, which, when first possessed, the deliverer did"
+not know to be counterfeit
+"Whoever delivers to any other person as genuine, or attempts to induce any"
+"other person to receive as genuine, any counterfeit coin which he knows to be"
+"counterfeit, but which he did not know to be counterfeit at the time when he"
+"took it into his possession, shall be punished with imprisonment of either"
+"description for a term which may extend to two years, or with fine to an"
+"amount which may extend to ten times the value of the coin counterfeited, or"
+with both.
+Illustration
+"A, a coiner, delivers counterfeit Company’s rupees to his accomplice B, for the"
+"purpose of uttering them. B sells the rupees to C, another utterer, who buys"
+"them knowing them to be counterfeit. C pays away the rupees for good to D,"
+"who receives them, not knowing them to be counterfeit. D, after receiving the"
+"rupees, discovers that they are counterfeit and pays them away as if they were"
+"good. Here D is punishable only under his section, but B and C are punishable"
+"under section 239 or 240, as the case may be."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or 10 times the value of the"
+"coin counterfeited, or both—Cognizable—Non-bailable—Triable by any"
+Magistrate—Non-compoundable.
+Section 242. Possession of counterfeit coin by person who knew it to be counterfeit when
+he became possessed thereof
+"Whoever, fraudulently or with intent that fraud may be committed, is in"
+"possession of counterfeit coin, having known at the time when he became"
+"possessed thereof that such coin was counterfeit, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 243. Possession of Indian coin by person who knew it to be counterfeit when he
+became possessed thereof
+"Whoever, fraudulently or with intent that fraud may be committed, is in"
+"possession of counterfeit coin, which is a counterfeit of [Indian coin], having"
+1
+"known at the time when he became possessed of it that it was counterfeit, shall"
+be punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by the A.O. 1950, for “Queen’s coin”."
+Section 244. Person employed in mint causing coin to be of different weight or
+composition from that fixed by law
+"Whoever, being employed in any mint lawfully established in [India], does"
+1
+"any act, or omits what he is legally bound to do, with the intention of causing"
+any coin issued from that mint to be of a different weight or composition from
+"the weight or composition fixed by law, shall be punished with imprisonment"
+"of either description for a term which may extend to seven years, and shall"
+also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+Section 245. Unlawfully taking coining instrument from mint
+"Whoever, without lawful authority, takes out of any mint, lawfully established"
+"in [India], any coining tool or instrument, shall be punished with"
+1
+imprisonment of either description for a term which may extend to seven
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+Section 246. Fraudulently or dishonestly diminishing weight or altering composition of
+coin
+Whoever fraudulently or dishonestly performs on any coin any operation
+"which diminishes the weight or alters the composition of that coin, shall be"
+punished with imprisonment of either description for a term which may
+"extend to three years, and shall also be liable to fine."
+Explanation
+A person who scoops out part of the coin and puts anything else into the cavity
+alters the composition of that coin.
+Section 247. Fraudulently or dishonestly diminishing weight or altering composition of
+Indian coin
+Whoever fraudulently or dishonestly performs on [any Indian coin] any
+1
+"operation which diminishes the weight or alters the composition of that coin,"
+shall be punished with imprisonment of either description for a term which
+"may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by the A.O. 1950, for “any of the Queen’s coin”."
+Section 248. Altering appearance of coin with intent that it shall pass as coin of different
+description
+Whoever performs on any coin any operation which alters the appearance of
+"that coin, with the intention that the said coin shall pass as a coin of a different"
+"description, shall be punished with imprisonment of either description for a"
+"term which may extend to three years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 249. Altering appearance of Indian coin with intent that it shall pass as coin of
+different description
+whoever performs on [any Indian coin] any operation which alters the
+1
+"appearance of that coin, with the intention that the said coin shall pass as a"
+"coin of a different description, shall be punished with imprisonment of either"
+"description for a term which may extend to seven years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Subs. by the A.O. 1950, for “any of the Queen’s coin”."
+"Section 250. Delivery of coin, possessed with knowledge that it is altered"
+"Whoever, having coin in his possession with respect to which the offence"
+"defined in section 246 or 248 has been committed, and having known at the"
+time when he became possessed of such coin that such offence had been
+"committed with respect to it, fraudulently or with intent that fraud may be"
+"committed, delivers such coin to any other person, or attempts to induce any"
+"other person to receive the same, shall be punished with imprisonment of"
+"either description for a term which may extend to five years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"Section 251. Delivery of Indian coin, possessed with knowledge that it is altered"
+"Whoever, having coin in his possession with respect to which the offence"
+"defined in section 247 or 249 has been committed, and having known at the"
+time when he became possessed of such coin that such offence had been
+"committed, delivers such coin to any other person, or attempts to induce any"
+"other person to receive the same, shall be punished with imprisonment of"
+"either description for a term which may extend to ten years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+Section 252. Possession of coin by person who knew it to be altered when he became
+possessed thereof
+"Whoever, fraudulently or with intent that fraud may be committed, is in"
+possession of coin with respect to which the offence defined in either of the
+"section 246 or 248 has been committed, having known at the time of"
+becoming possessed thereof that such offence had been committed with
+"respect to such coin, shall be punished with imprisonment of either"
+description for a term which may extend to three years and shall also be liable
+to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 253. Possession of Indian coin by person who knew it to be altered when he
+became possessed thereof
+"Whoever, fraudulently or with intent that fraud may be committed, is in"
+possession of coin with respect to which the offence defined in either of the
+"section 247 or 249 has been committed, having known at the time of becoming"
+"possessed thereof, that such offence had been committed with respect to such"
+"coin, shall be punished with imprisonment of either description for a term"
+"which may extend to five years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"Section 254. Delivery of coin as genuine, which, when first possessed, the deliverer did"
+not know to be altered
+Whoever delivers to any other person as genuine or as a coin of a different
+"description from what it is, or attempts to induce any person to receive as"
+"genuine, or as a different coin from what it is, any coin in respect of which he"
+"knows that any such operation as that mentioned in section 246, 247, 248 or"
+"249 has been performed, but in respect of which he did not, at the time when"
+"he took it into his possession, know that such operation had been performed,"
+shall be punished with imprisonment of either description for a term which
+"may extend to two years, or with fine to an amount which may extend to ten"
+"times the value of the coin for which the altered coin is passed, or attempted to"
+be passed.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or 10 times the value of the"
+coin—Cognizable—Non-bailable—Triable by any Magistrate—Non-
+compoundable.
+Section 255. Counterfeiting Government stamp
+"Whoever counterfeits, or knowingly performs any part of the process of"
+"counterfeiting, any stamp issued by Government for the purpose of revenue,"
+"shall be punished with [imprisonment for life], or with imprisonment of"
+1
+"either description for a term which may extend to ten years, and shall also be"
+liable to fine.
+Explanation
+A person commits this offence who counterfeits by causing a genuine stamp of
+one denomination to appear like a genuine stamp of a different denomination.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years, and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 256. Having possession of instrument or material for counterfeiting Government
+stamp
+Whoever has in his possession any instrument or material for the purpose of
+"being used, or knowing or having reason to believe that it is intended to be"
+"used, for the purpose of counterfeiting any stamp issued by Government for"
+"the purpose of revenue, shall be punished with imprisonment of either"
+"description for a term which may extend to seven years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 257. Making or selling instrument for counterfeiting Government stamp
+"Whoever makes or performs any part of the process of making, or buys, or"
+"sells, or dispose of, any instrument for the purpose of being used, or knowing"
+"or having reason to believe that it is intended to be used, for the purpose of"
+"counterfeiting any stamp issued by Government for the purpose of revenue,"
+shall be punished with imprisonment of either description for a term which
+"may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.Section 258. Sale
+of counterfeit Government stamp
+"Whoever, sells, or offers for sale, any stamp which he knows or has reason to"
+believe to be a counterfeit of any stamp issued by the Government for the
+"purpose of revenue, shall be punished with imprisonment of either description"
+"for a term which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 259. Having possession of counterfeit Government stamp
+Whoever has in his possession any stamp which he knows to be a counterfeit
+"of any stamp issued by Government for the purpose of revenue, intending to"
+"use, or dispose of the same as a genuine stamp, or in order that it may be used"
+"as a genuine stamp, shall be punished with imprisonment of either description"
+"for a term which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 260. Using as genuine a Government stamp known to be a counterfeit
+"Whoever uses a s genuine any stamp, knowing it to be counterfeit of any"
+"stamp issued by Government for the purpose of revenue, shall be punished"
+with imprisonment of either description for a term which may extend to seven
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"Section 261. Effacing, writing from substance bearing Government stamp, or removing"
+"from document a stamp used for it, with intent to cause loss to Government"
+"Whoever, fraudulently or with intent to cause loss to the Government,"
+"removes or effaces from any substance, bearing any stamp issued by"
+"Government for the purpose of revenue, any writing or document for which"
+"such stamp has been used, or removes from any writing or document a stamp"
+"which has been used for such writing or document, in order that such stamp"
+"may be used for a different writing or document, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 262. Using Government stamp known to have been before used
+"Whoever, fraudulently or with intent to cause loss to the Government, uses for"
+"any purpose a stamp issued by Government for the purpose of revenue, which"
+"he knows to have been before used, shall be punished with imprisonment of"
+"either description for a term which may extend to two years, or with fine, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 263. Erasure of mark denoting that stamp has been used
+"Whoever, fraudulently or with intent to cause loss to Government, erase or"
+"removes from a stamp issued by the Government for the purpose of revenue,"
+"any mark, put or impressed upon such stamp for the purpose of denoting that"
+"the same has been used, or knowingly has in his possession or sells or disposes"
+"of any such stamp from which such mark has been erased or removed, or sell"
+"or disposes of any such stamp which he knows to have been used, shall be"
+punished with imprisonment of either description for a term which may
+"extend to three years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 263A. Prohibition of fictitious stamps
+[263A. Prohibition of fictitious stamps.—(1) Whoever
+1
+"(a) makes, knowingly utters, deals in or sells any fictitious stamps, or"
+"knowingly uses for any postal purpose any fictitious stamp, or"
+"(b) has in his possession, without lawful excuse, any fictitious stamp, or"
+"(c) makes or, without lawful excuse, has in his possession any die, plate,"
+"instrument or materials for making any fictitious stamp,"
+shall be punished with fine which may extend to two hundred rupees.
+"(2) Any such stamps, die, plate, instrument or materials in the possession of"
+"any person for making any fictitious stamp 2[may be seized and, if seized]"
+shall be forfeited.
+(3) In this section “fictitious stamp” means any stamp falsely purporting to be
+"issued by the Government for the purpose of denoting a rate of postage, or any"
+"facsimile or imitation or representation, whether on paper or otherwise, of any"
+stamp issued by Government for that purpose.
+"(4) In this section and also in sections 255 to 263, both inclusive, the word"
+"“Government”, when used in connection with, or in reference to, any stamp"
+"issued for the purpose of denoting a rate of postage, shall, notwithstanding"
+"anything in section 17, be deemed to include the person or persons authorized"
+"by law to administer executive Government in any part of India, and also in"
+any part of Her Majesty’s dominions or in any foreign country.]
+CLASSIFICATION OF OFFENCE
+Punishment—Fine of 200 rupees—Cognizable—Bailable—Triable by any
+Magistrate—Non-compoundable.
+–
+"1. Ins. by Act 3 of 1895, sec. 2."
+"2. Subs. by Act 42 of 1953, sec. 4 and Sch. III, for “may be seized and” (w.e.f."
+23-12-1953).
+Section 264. Fraudulent use of false instrument for weighing
+Whoever fraudulently uses any instrument for weighing which he knows to be
+"false, shall be punished with imprisonment or either description for a term"
+"which may extend to one year, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 265. Fraudulent use of false weight or measure
+Whoever fraudulently uses any false weight or false measure of length or
+"capacity, or fraudulently uses any weight or any measure of length or capacity"
+"as different weight or measure form what it is, shall be punished with"
+"imprisonment of either description for a term which may extend to one year,"
+"or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 266. Being in possession of false weight or measure
+"Whoever is in possession of any instrument for weighing, or of any weight, or"
+"of any measure of length or capacity, which he knows to be false, [* * *]"
+1
+"intending that the same may be fraudulently used, shall be punished with"
+"imprisonment of either description for a term which may extend to one year,"
+"or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+–
+"1. The word “and” omitted by Act 42 of 1953, sec. 4 and Sch. III (w.e.f. 23-12-"
+1953).
+Section 267. Making or selling false weight or measure
+"Whoever makes, sells or disposes of any instrument for weighing, or any"
+"weight, or any measure of length or capacity which he knows to be false, in"
+"order that the same may be used as true, or knowing that the same is likely to"
+"be used as true, shall be punished with imprisonment of either description for"
+"a term which may extend to one year, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Non-compoundable.
+Section 268. Public nuisance
+A person is guilty of a public nuisance who does not act or is guilty of an illegal
+"omission which causes any common injury, danger or annoyance to the public"
+"or to the people in general who dwell or occupy property in the vicinity, or"
+"which must necessarily cause injury, obstruction, danger or annoyance to"
+persons who may have occasion to use any public right.
+A common nuisance is not excused on the ground that it causes some
+convenience or advantage.
+Section 269. Negligent act likely to spread infection of disease dangerous to life
+"Whoever unlawfully or negligently does any act which is, and which he knows"
+"or has reason to believe to be, likely to spread the infection of any disease"
+"dangerous to life, shall be punished with imprisonment of either description"
+"for a term which may extend to six month, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 270. Malignant act likely to spread infection of disease dangerous to life
+"Whoever malignantly does any act which is, and which he knows or has reason"
+"to believe to be, likely to spread the infection of any disease dangerous to life,"
+shall be punished with imprisonment of either description for a term which
+"may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 271. Disobedience to quarantine rule
+Whoever knowingly disobeys any rule made and promulgated [by the [* * *]
+1 2
+"Government [* * *] for putting any vessel into a state of quarantine, or for"
+3
+regulating the intercourse of vessels in a state of quarantine with the shore or
+"with other vessels, or for regulating the intercourse between places where an"
+"infectious disease prevails and other places, shall be punished with"
+imprisonment of either description for a term which may extend to six
+"months, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+–
+"1. Subs. by the A.O. 1937, for “by the Government of India or by any"
+Government”.
+2. The words “Central or any Provincial” omitted by the A.O. 1950.
+3. The words “or the Crown Representative” omitted by the A.O. 1948.
+272. Adulteration of food or drink intended for sale
+"Whoever adulterates any article of food or drink, so as to make such article"
+"noxious as food or drink, intending to sell such article as food or drink, or"
+"knowing it to be likely that the same will be sold as food or drink, shall be"
+punished with imprisonment of either description for a term which may
+"extend to six months, or with fine which may extend to one thousand rupees,"
+or with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+STATE AMENDMENTS
+Orissa
+In section 272 for the words “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”, the following shall be substitut-"
+"ed, namely:"
+“shall be punished with imprisonment for life and shall also be liable to fine:
+"Provided that the Court may, for adequate and special reasons to be"
+"mentioned in the judgment, impose a sentence of imprisonment which is less"
+than imprisonment for life.”
+"[Vide Orissa Act 3 of 1999, sec. 2 (w.e.f. 27-1-1999)]."
+Uttar Pradesh
+In section 272 for the words “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” the following shall be substitut-"
+"ed, namely:"
+“shall be punished with imprisonment for life and shall also be liable to fine:
+"Provided that the court may, for adequate reasons to be mentioned in the"
+"judgment, impose a sentence of imprisonment which is less than"
+imprisonment for life.”
+"[Vide Uttar Pradesh Act 47 of 1975, sec. 3 (w.e.f. 15-9-1975)]."
+West Bengal
+In section 272 for the words “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” the following shall be substituted, namely:"
+“for life with or without fine:
+"Provided that the Court may, for adequate and special reasons to be"
+"mentioned in the judgment, impose a sentence of imprisonment which is"
+less than imprisonment for life.”
+"[Vide West Bengal Act 42 of 1973, sec. 3 (w.e.f. 29-4-1973)]."
+Section 273. Sale of noxious food or drink
+"Whoever sells, or offers or exposes for sale, as food or drink, any article which"
+"has been rendered or has become noxious, or is in a state unfit for food or"
+"drink, knowing or having reason to believe that the same is noxious as food or"
+"drink, shall be punished with imprisonment of either description for a term"
+"which may extend to six months, or with fine which may extend to one"
+"thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+State Amendments
+"In section 273, State Amendments are the same as under section 272."
+Section 274. Adulteration of drugs
+Whoever adulterates any drug or medical preparation in such a manner as to
+lessen the efficacy or change the operation of such drug or medical
+"preparation, or to make it noxious, intending that it shall be sold or used for,"
+"or knowing it to be likely that it will be sold or used for, any medicinal"
+"purpose, as if it had not undergone such adulteration, shall be punished with"
+imprisonment of either description for a term which may extend to six
+"months, or with fine which may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-cognizable—Non-Bailable—Triable by any Magistrate—Non-com-
+poundable.
+State Amendments
+"In section 274, State Amendments are the same as under section 272."
+Section 275. Sale of adulterated drugs
+"Whoever, knowing any drug or medical preparation to have been adulterated"
+"in such a manner as to lessen its efficacy, to change its operation, or to render"
+"it noxious, sells the same, or offers or exposes it for sale, or issues it from any"
+"dispensary for medicinal purposes as unadulterated, or causes it to be used for"
+"medicinal purposes by any person not knowing of the adulteration, shall be"
+punished with imprisonment of either description for a term which may
+"extend to six months, or with fine which may extend to one thousand rupees,"
+or with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+State Amendments
+"In section 275, State Amendments are the same as under section 272."
+Section 276. Sale of drug as a different drug or preparation
+"Whoever knowingly sells, or offers or exposes for sale, or issues from a"
+"dispensary for medicinal purposes, any drug or medical preparation, as a"
+"different drug or medical preparation, shall be punished with imprisonment of"
+"either description for a term which may extend to six months, or with fine"
+"which may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+State Amendments
+"In section 276, State Amendments are the same as under section 272."
+Section 277. Fouling water of public spring or reservoir
+Whoever voluntarily corrupts or fouls the water of any public spring or
+"reservoir, so as to render it less fit for the purpose for which it is ordinarily"
+"used, shall be punished with imprisonment of either description for a term"
+"which may extend to three months, or with fine which may extend to five"
+"hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 278. Making atmosphere noxious to health
+Whoever voluntarily vitiates the atmosphere in any place so as to make it
+noxious to the health of persons in general dwelling or carrying on business in
+"the neighborhood or passing along a public way, shall be punished with fine"
+which may extend to five hundred rupees.
+CLASSIFICATION OF OFFENCE
+Punishment—Fine of 500 rupees—Cognizable—Bailable—Triable by any
+Magistrate—Non-compoundable.
+Section 279. Rash driving or riding on a public way
+"Whoever drives any vehicle, or rides, on any public way in a manner so rash or"
+"negligent as to endanger human life, or to be likely to cause hurt or injury to"
+"any other person, shall be punished with imprisonment of either description"
+"for a term which may extend to six months, or with fine which may extend to"
+"one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 279. Rash driving or riding on a public way
+"Whoever drives any vehicle, or rides, on any public way in a manner so rash or"
+"negligent as to endanger human life, or to be likely to cause hurt or injury to"
+"any other person, shall be punished with imprisonment of either description"
+"for a term which may extend to six months, or with fine which may extend to"
+"one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 280. Rash navigation of vessel
+Whoever navigates any vessel in a manner so rash or negligent as to endanger
+"human life, or to be likely to cause hurt or injury to any other person, shall be"
+punished with imprisonment of either description for a term which may
+"extend to six months, or with fine which may extend to one thousand rupees,"
+or with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+"Section 281. Exhibition of false light, mark or buoy"
+"Whoever exhibits any false light, mark or buoy, intending or knowing it to be"
+"likely that such exhibition will mislead any navigator, shall be punished with"
+imprisonment of either description for a term which may extend to seven
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 282. Conveying person by water for hire in unsafe or overloaded vessel
+"Whoever knowingly or negligently conveys, or causes to be conveyed for hire,"
+"any person by water in any vessel, when that vessel is in such a state or so"
+"loaded as to endanger the life of that person , shall be punished with"
+imprisonment or either description for a term which may extend to six
+"months, or with fine which may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 283. Danger or obstruction in public way or line of navigation
+"Whoever, by doing any act, or by omitting to take order with any property in"
+"his possession or under his charge, causes danger, obstruction or injury to any"
+"person in any public way or public line of navigation, shall be punished with"
+fine which may extend to two hundred rupees.
+CLASSIFICATION OF OFFENCE
+Punishment—Fine of 200 rupees—Cognizable—Bailable—Triable by any
+Magistrate—Non-compoundable.
+Section 284. Negligent conduct with respect to poisonous substance
+"Whoever does, with any poisonous substance, any act in a manner so rash or"
+"negligent as to endanger human life, or to be likely to cause hurt or injury to"
+"any person,"
+or knowingly or negligently omits to take such order with any poisonous
+substance in his possession as is sufficient to guard against any probable
+"danger to human life from such poisonous substance,"
+shall be punished with imprisonment of either description for a term which
+"may extend to six months, or with fine which may extend to one thousand"
+"rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 285. Negligent conduct with respect to fire or combustible matter
+"Whoever does, with fire or any combustible matter, any act so rashly or"
+"negligently as to endanger human life, or to be likely to cause hurt or injury to"
+"any other person,"
+or knowingly or negligently omits to take such order with any fire or any
+combustible matter in his possession as is sufficient to guard against any
+"probable danger to human life from such fire or combustible matter,"
+shall be punished with imprisonment of either description for a term which
+"may extend to six months, or with fine which may extend to one thousand"
+"rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 286. Negligent conduct with respect to explosive substance
+"Whoever does, with any explosive substance, any act so rashly or negligently"
+"as to endanger human life, or to be likely to cause hurt or injury to any other"
+"person,"
+or knowingly or negligently omits to take such order with any explosive
+substance in his possession as is sufficient to guard against any probable
+"danger to human life from that substance,"
+shall be punished with imprisonment of either description for a term which
+"may extend to six months, or with fine which may extend to one thousand"
+"rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 287. Negligent conduct with respect to machinery
+"Whoever does, with any machinery, any act so rashly or negligently as to"
+"endanger human life or to be likely to cause hurt or injury to any other person,"
+or knowingly or negligently omits to take such order with any machinery in his
+possession or under his care as is sufficient to guard against any probable
+"danger to human life from such machinery,"
+shall be punished with imprisonment of either description for a term which
+"may extend to six months, or with fine which may extend to one thousand"
+"rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 288. Negligent conduct with respect to pulling down or repairing buildings
+"Whoever, in pulling down or repairing any building, knowingly or negligently"
+omits to take such order with that building as is sufficient to guard against any
+"probable danger to human life from the fall of that building, or of any part"
+"thereof, shall be punished with imprisonment of either description for a term"
+"which may extend to six months, or with fine which may extend to one"
+"thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable
+Section 289. Negligent conduct with respect to animal
+Whoever knowingly or negligently omits to take such order with any animal in
+his possession as is sufficient to guard against any probable danger to human
+"life, or any probable danger of grievous hurt from such animal, shall be"
+punished with imprisonment of either description for a term which may
+"extend to six months, or with fine which may extend to one thousand rupees,"
+or with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 290. Punishment for public nuisance in cases not otherwise provided for
+Whoever commits a public nuisance in any case not otherwise punishable by
+"this Code, shall be punished with fine which may extend to two hundred"
+rupees.
+CLASSIFICATION OF OFFENCE
+Punishment—Fine of 200 rupees—Non-cognizable—Bailable—Triable by any
+Magistrate—Non-compoundable.
+Section 291. Continuance of nuisance after injunction to discontinue
+"Whoever repeats or continues a public nuisance, having been enjoined by any"
+public servant who has lawful authority to issue such injunction not to repeat
+"or continue such nuisance, shall be punished with simple imprisonment for a"
+"term which may extend to six months, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 6 months, or fine, or both—"
+Cognizable-Bailable—Triable by any Magistrate—Non-compoundable.
+"Section 292. Sale, etc., or obscene books, etc"
+"[292. Sale, etc., of obscene books, etc.— [(1) For the purposes of sub-section"
+1 2
+"(2), a book, pamphlet, paper, writing, drawing, painting, representation, figure"
+"or any other object, shall be deemed to be obscene if it is lascivious or appeals"
+"to the prurient interest or if its effect, or (where it comprises two or more"
+"distinct items) the effect of any one of its items, is, if taken as a whole, such as"
+"to tend to deprave and corrupt person, who are likely, having regard to all"
+"relevant circumstances, to read, see or hear the matter contained or embodied"
+in it.]
+[(2)] Whoever
+3
+"(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into"
+"circulation, or for purposes of sale, hire, distribution, public exhibition or"
+"circulation, makes, produces or has in his possession any obscene book,"
+"pamphlet, paper, drawing, painting, representation or figure or any other"
+"obscene object whatsoever, or"
+"(b) imports, exports or conveys any obscene object for any of the purposes"
+"aforesaid, or knowing or having reason to believe that such object will be sold,"
+"let to hire, distributed or publicly exhibited or in any manner put into"
+"circulation, or"
+(c) takes part in or receives profits from any business in the course of which he
+knows or has reason to believe that any such obscene objects are for any of the
+"purposes aforesaid, made, produced, purchased, kept, imported, exported,"
+"conveyed, publicly exhibited or in any manner put into circulation, or"
+(d) advertises or makes known by any means whatsoever that any person is
+"engaged or is ready to engage in any act which is an offence under this section,"
+"or that any such obscene object can be procured from or through any person,"
+or
+"(e) offers or attempts to do any act which is an offence under this section,"
+shall be punished [on first conviction with imprisonment of either description
+4
+"for a term which may extend to two years, and with fine which may extend to"
+"two thousand rupees, and, in the event of a second or subsequent conviction,"
+with imprisonment of either description for a term which may extend to five
+"years, and also with fine which may extend to five thousand rupees]."
+[Exception.—This section does not extend to
+5
+"(a) any book, pamphlet, paper, writing, drawing, painting, representation or"
+figure
+(i) the publication of which is proved to be justified as being for the public
+"good on the ground that such book, pamphlet, paper, writing, drawing,"
+"painting, representation or figure is in the interest of science, literature, art or"
+"learning or other objects of general concern, or"
+(ii) which is kept or used bona fide for religious purposes;
+"(b) any representation sculptured, engraved, painted or otherwise represented"
+on or in
+(i) any ancient monument within the meaning of the Ancient Monuments and
+"Archaeological Sites and Remains Act, 1958 (24 of 1958), or"
+"(ii) any temple, or on any car used for the conveyance of idols, or kept or used"
+for any religious purpose.]]
+CLASSIFICATION OF OFFENCE
+"Punishment—On first conviction, with imprisonment for 2 years, and with"
+"fine of 2,000 rupees, and, in the event of second of subsequent conviction,"
+"with imprisonment for five years and with fine of 5,000 rupees—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+STATE AMENDMENTS
+Orissa
+Same as in Tamil Nadu.
+"[Vide Orissa Act 13 of 1962, sec. 2 (w.e.f. 16-5-1962)]."
+Tamil Nadu
+"In section 292, for the words “shall be punished with imprisonment of either"
+description for a term which may extend to three months or with fine or with
+"both” substitute the following, namely:"
+“shall be punished with imprisonment of either description for a term which
+may extend to two years or with fine or with both:
+"Provided that for a second or any subsequent offence under this section, he"
+shall be punished with imprisonment of either description for a term which
+shall not be less than six months and not more than two years and with fine.
+"[Vide Tamil Nadu Act 25 of 1960, sec. 2 (w.e.f. 9-11-1960)]."
+Orissa
+Section 292A
+Same as in Tamil Nadu.
+"[Vide Orissa Act 13 of 1962, sec. 3 (w.e.f. 16-5-1962)]."
+Tamil Nadu
+"After section 292, insert the following new section namely:"
+"292A. Printing, etc., of grossly indecent or scurrilous matter or"
+"matter intended for blackmail.—Whoever,"
+"(a) prints or causes to be printed in any newspaper, periodical or circular, or"
+"exhibits or causes to be exhibited, to public view or distributes or causes to be"
+distributed or in any manner puts into circulation any picture or any printed
+"or written document which is grossly indecent, or in scurrilous or intended for"
+blackmail; or
+"(b) sells or lets for hire, or for purposes of sale or hire makes, produces or has"
+"in his possession, any picture or any printed or written document which is"
+grossly indecent or is scurrilous or intended for blackmail; or
+(c) conveys any picture or any printed or written document which is grossly
+indecent or is scurrilous or intended for blackmail knowing or having reason
+"to believe that such picture or document will be printed, sold, let for hire"
+distributed or publicly exhibited or in any manner put into circulation; or
+"(d) takes part in, or receives profits from, any business in the course of which"
+"he knows or has reason to believe that any such newspaper, periodical,"
+"circular, picture or other printed or written document is printed, exhibited,"
+"distributed, circulated, sold, let for hire, made, produced, kept, conveyed or"
+purchased; or
+(e) advertises or makes known by any means whatsoever that any person is
+engaged or is ready to engage in any Act which is an offence under this
+"section, or that any such newspaper, periodical, circular, picture or other"
+printed or written document which is grossly indecent or is scurrilous or
+"intended for blackmail, can be procured from or through any person; or"
+(f) offers or attempts to do any act which is an offence under this
+section *[shall be punished with imprisonment of either description for a term
+"which may extend to two years, or with fine, or with both]:"
+"Provided that for a second or any subsequent offence under this section, he"
+shall be punished with imprisonment of either description for a term which
+shall not be less than six months **[and not more than two years].
+Explanation I
+"For the purposes of this section, the word scurrilous shall be deemed to"
+include any matter which is likely to be injurious to morality or is calculated to
+injure any person:
+Provided that it is not scurrilous to express in good faith anything whatever
+respecting the conduct of
+(i) a public servant in the discharge of his public functions or respecting his
+character so far as his character appears in that conduct and no further; or
+"(ii) any person touching any public question, and respecting his character, so"
+far as his character appears in that conduct and no further.
+Explanation II
+"In deciding whether any person has committed an offence under this section,"
+"the court shall have regard inter alia, to the following considerations"
+"(a) The general character of the person charged, and where relevant the nature"
+of his business;
+(b) the general character and dominant effect of the matter alleged to be
+grossly indecent or scurrilous or intended for blackmail;
+(c) any evidence offered or called by or on behalf of the accused person as to
+his intention in committing any of the acts specified in this section.
+"[Vide Tamil Nadu Act 25 of 1960, sec. 3 (w.e.f. 9-11-1960)]."
+* Subs. by Tamil Nadu Act 30 of 1984.
+"** Ins. by Tamil Nadu Act 30 of 1984, sec. 2 (w.e.f. 28-6-1984)."
+—–
+"1. Subs. by Act 8 of 1925, sec. 2, for the original section."
+"2. Ins. by Act 36 of 1969, sec. 2 (w.e.f. 7-9-1969)."
+"3. Section 292 renumbered as sub-section (2) thereof by Act 36 of 1969, sec. 2"
+(w.e.f. 7-9-1969).
+"4. Subs. by Act 36 of 1969, sec. 2, for certain words (w.e.f. 7-9-1969)."
+"5. Subs. by Act 36 of 1969, sec. 2, for Exception (w.e.f. 7-9-1969)."
+"Section 293. Sale, etc., of obscene objects to young person"
+"[293. Sale, etc., of obscene objects to young person.—Whoever sells, lets to"
+1
+"hire, distributes, exhibits or circulates to any person under the age of twenty"
+"years any such obscene object as is referred to in the last preceding section, or"
+"offers or attempts so to do, shall be punished [on first conviction with"
+2
+imprisonment of either description for a term which may extend to three
+"years, and with fine which may extend to two thousand rupees, and, in the"
+"event of a second or subsequent conviction, with imprisonment of either"
+"description for a term which may extend to seven years, and also with fine"
+which may extend to five thousand rupees].]
+CLASSIFICATION OF OFFENCE
+"Punishment—On first conviction, with imprisonment for 3 years, and with fine"
+"of 2,000 rupees, and, in the event of second of subsequent conviction, with"
+"imprisonment for 7 years, and with fine of 5,000 rupees—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+STATE AMENDMENTS
+Orissa
+Same as in Tamil Nadu.
+"[Vide Orissa Act 13 of 1962, sec. 4 (w.e.f. 16-5-1962)]."
+Tamil Nadu
+"In Section 293,"
+(a) for the words “any such obscene object as is referred to in the last
+"preceding section” the words, figures and letter “any such obscene object as is"
+"referred to in section 292 or any such newspaper, periodical, circular, picture"
+or other printed or written document as is referred to in section 292-A” shall
+be substituted;
+(b) for the words “which may extend to six months” the words “which may
+extend to three years” shall be substituted;
+"(c) in the marginal note, after the words “obscene objects” the words “any"
+grossly indecent or scurrilous matter intended for blackmail shall be inserted.”
+"[Vide Tamil Nadu Act 25 of 1960, sec. 4 (w.e.f. 9-11-1960)]."
+—-
+"1. Subs. by Act 8 of 1925, sec. 2, for the original section."
+"2. Subs. by Act 36 of 1969, sec. 2, for certain words (w.e.f. 7-9-1969)."
+Section 294. Obscene acts and songs
+"[294. Obscene acts and songs.—Whoever, to the annoyance of others"
+1
+"(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.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"1. Subs. by Act 3 of 1895, sec. 3, for the original section."
+Section 294A. Keeping lottery office
+[294A. Keeping lottery office.—Whoever keeps any office or place for the
+1
+purpose of drawing any lottery [not being [a State lottery] or a lottery
+2 3
+"authorised by the [State] Government], shall be punished with imprisonment"
+4
+"of either description for a term which may extend to six months, or with fine,"
+or with both.
+"And whoever publishes any proposal to pay any sum, or to deliver any goods,"
+"or to do or forbear doing anything for the benefit of any person, on any event"
+"or contingency relative or applicable to the drawing of any ticket, lot, number"
+"or figure in any such lottery, shall be punished with fine which may extend to"
+one thousand rupees.]
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Fine of 1,000 rupees—Non-Cognizable—Bailable—Triable by"
+any Magistrate—Non-compoundable.
+STATE AMENDMENTS
+Andhra Pradesh
+Section 294A is repealed.
+"[Vide Andhra Pradesh Act 16 of 1968, sec. 27 (w.e.f. 1-2-1969)]."
+Gujarat
+Section 294A is repealed.
+"[Vide Bombay Act 82 of 1958, sec. 33 read with Bombay Act 11 of 1960, sec. 87]."
+Karnataka
+"In Karnataka area except Ballary District, section 294A is repealed."
+"[Vide Mysore Act 27 of 1957, sec. 33]."
+Maharashtra
+Section 294A is repealed.
+"[Vide Bombay Act 82 of 1958, sec. 33 (w.e.f. 1-5-1959)]"
+Manipur
+Section 294A is repealed.
+"[Vide Manipur Act 2 of 1992, sec. 30 (w.e.f. 6-8-1992)]."
+Uttar Pradesh
+Section 294A Omitted.
+"[Vide Uttar Pradesh Act 24 of 1995, sec. 11]."
+"1. Ins. by Act 27 of 1870, sec. 10."
+"2. Subs. by the A.O. 1937, for “not authorised by Government”."
+"3. Subs. by Act 3 of 1951, sec. 3 and Sch., for “a lottery organised by the Central"
+Government or the Government of a Part A State or a Part B State”.
+"4. Subs. by the A.O. 1950, for “Provincial”."
+Section 295. Injuring or defiling place of worship with intent to insult the religion of any
+class
+"Whoever destroys, damages or defiles any place of worship, or any object held"
+sacred by any class of persons with the intention of thereby insulting the
+religion of any class of persons or with the knowledge that any class of persons
+"is likely to consider such destruction, damage or defilement as a insult to their"
+"religion, shall be punished with imprisonment of either description for a term"
+"which may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Non-compoundable.
+"Section 295A. Deliberate and malicious acts, intended to outrage religious feelings or any"
+class by insulting its religion or religious beliefs
+"[295A. Deliberate and malicious acts, intended to outrage religious feelings or"
+1
+"any class by insulting its religion or religious beliefs.— Whoever, with"
+deliberate and malicious intention of outraging the religious feelings of any
+"class of [citizens of India], [by words, either spoken or written, or by signs or"
+2 3
+"by visible representations or otherwise], insults or attempts to insult the"
+"religion or the religious beliefs of that class, shall be punished with"
+imprisonment of either description for a term which may extend to [three
+4
+"years], or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by Magistrate of the first class—Non-compoundable.
+"1. Ins. by Act 25 of 1927, sec. 2."
+"2. Subs. by the A.O. 1950, for “His Majesty’s subjects”."
+"3. Subs. by Act 41 of 1961, sec. 3, for certain words (w.e.f. 27-9-1961)."
+"4. Subs. by Act 41 of 1961, sec. 3, for “two years” (w.e.f. 27-9-1961)."
+Section 296. Disturbing religious assembly
+Whoever voluntarily causes disturbance to any assembly lawfully engaged in
+"the performance of religious worship, or religious ceremonies, shall be"
+punished with imprisonment of either description for a term which may
+"extend to one year, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable"
+—Triable by any Magistrate—Non-compoundable.
+"Section 297. Trespassing on burial places, etc."
+"Whoever, with the intention of wounding the feelings of any person, or of"
+"insulting the religion of any person, or with the knowledge that the feelings of"
+"any person are likely to be wounded, or that the religion or any person is likely"
+"to be insulted thereby,"
+"commits any trespass in any place of worship or on any place of sepulture, or"
+any place set apart from the performance of funeral rites or as a depository for
+"the remains of the dead, or offers any indignity to any human corpse, or"
+causes disturbance to any persons assembled for the performance of funeral
+"ceremonies,"
+shall be punished with imprisonment of either description for a term which
+"may extend to one year, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable"
+—Triable by any Magistrate—Non-compoundable.
+"Section 298. Uttering, words, etc., with deliberate intent to wound the religious feelings"
+of any person
+"Whoever, with the deliberate intention of wounding the religious feelings of"
+"any person, utters any word or makes any sound in the hearing of that person"
+or makes any gesture in the sight of that person or places any object in the
+"sight of that person, shall be punished with imprisonment of either"
+"description for a term which may extend to one year, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compounded by the person whose
+religious feelings are intended to be wounded.
+State Amendment
+Andhra Pradesh
+In Andhra Pradesh offence under section 298 is cognizable.
+"[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991]."
+Section 299. Culpable homicide
+"Who ever causes death by doing an act with the intention of causing death, or"
+"with the intention of causing such bodily injury as is likely to cause death, or"
+"with the knowledge that he is likely by such act to cause death, commits the"
+offence of culpable homicide.
+Illustrations
+"(a) A lays sticks and turf over a pit, with the intention of there by causing"
+"death, or with the knowledge that death is likely to be thereby caused. Z"
+"believing the ground to be firm, treads on it, falls in and is killed. A has"
+committed the offence of culpable homicide.
+"(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or"
+"knowing it to be likely to cause Z’s death, induces B fires and kills Z. Here B"
+may be guilty of no offence; but A has committed the offence of culpable
+homicide.
+"(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind"
+"a bush; A not knowing that he was there. Here, although A was doing an"
+"unlawful act, he was not guilty of culpable homicide, as he did not intend to"
+"kill B, or to cause death by doing an act that he knew was likely to cause death."
+Explanation 1
+A person who causes bodily injury to another who is labouring under a
+"disorder, disease or bodily infirmity, and thereby accelerates the death of that"
+"other, shall be deemed to have caused his death."
+Explanation 2
+"Where death is caused by bodily injury, the person who causes such bodily"
+"injury shall be deemed to have caused the death, although by resorting to"
+proper remedies and skilful treatment the death might have been prevented.
+Explanation 3
+The causing of the death of child in the mother’s womb is not homicide. But it
+"may amount to culpable homicide to cause the death of a living child, if any"
+"part of that child has been brought forth, though the child may not have"
+breathed or been completely born.
+Section 300. Murder
+"Except in the cases hereinafter excepted, culpable homicide is murder, if the"
+"act by which the death is caused is done with the intention of causing death, or"
+Secondly.—If it is done with the intention of causing such bodily injury as the
+offender knows to be likely to cause the death of the person to whom the harm
+"is caused, or"
+Thirdly.—If it is done with the intention of causing bodily injury to any person
+and the bodily injury intended to be inflicted is sufficient in the ordinary
+"course of nature to cause death, or"
+Fourthly.—If the person committing the act knows that it is so imminently
+"dangerous that it must, in all probability, cause death or such bodily injury as"
+"is likely to cause death, and commits such act without any excuse for incurring"
+the risk of causing death or such injury as aforesaid.
+Illustrations
+(a) A shoots Z with the intention of killing him. Z dies in consequence. A
+commits murder.
+"(b) A, knowing that Z is labouring under such a disease that a blow is likely to"
+"cause his death, strikes him with the intention of causing bodily injury. Z dies"
+"in consequence of the blow. A is guilty of murder, although the blow might not"
+have been sufficient in the ordinary course of nature to cause the death of a
+"person in a sound state of health. But if A, not knowing that Z is labouring"
+"under any disease, gives him such a blow as would not in the ordinary course"
+"of nature kill a person in a sound state of health, here A, although he may"
+"intend to cause bodily injury, is not guilty of murder, if he did not intend to"
+"cause death, or such bodily injury as in the ordinary course of nature would"
+cause death.
+(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the
+"death of a man in the ordinary course of nature. Z dies in consequence. Here,"
+"A is guilty of murder, although he may not have intended to cause Z’s death."
+(d) A without any excuse fires a loaded cannon into a crowd of persons and
+"kills one of them. A is guilty of murder, although he may not have had a"
+premeditated design to kill any particular individual.
+Exception 1.—When culpable homicide is not murder.—Culpable
+"homicide is not murder if the offender, whilst deprived of the power of self-"
+"control by grave and sudden provocation, causes the death of the person who"
+gave the provocation or causes the death of any other person by mistake or
+accident.
+The above exception is subject to the following provisos:
+First.—That the provocation is not sought or voluntarily provoked by the
+offender as an excuse for killing or doing harm to any person.
+Secondly.—That the provocation is not given by anything done in obedience to
+"the law, or by a public servant in the lawful exercise of the powers of such"
+public servant.
+Thirdly.—That the provocation is not given by anything done in the lawful
+exercise of the right of private defence.
+Explanation
+Whether the provocation was grave and sudden enough to prevent the offence
+from amounting to murder is a question of fact.
+Illustrations
+"(a) A, under the influence of passion excited by a provocation given by Z,"
+"intentionally kills. Y, Z’s child. This is murder, in as much as the provocation"
+"was not given by the child, and the death of the child was not caused by"
+accident or misfortune in doing an act caused by the provocation.
+"(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a"
+"pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is"
+"near him, but out of sight. A kills Z. Here A has not committed murder, but"
+merely culpable homicide.
+"(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent"
+"passion by the arrest, and kills Z. This is murder, in as much as the"
+provocation was given by a thing done by a public servant in the exercise of his
+powers.
+"(d) A appears as witness before Z, a Magistrate, Z says that he does not believe"
+"a word of A’s deposition, and that A has perjured himself. A is moved to"
+"sudden passion by these words, and kills Z. This is murder."
+"(e) A attempts to pull Z’s nose, Z, in the exercise of the right of private defence,"
+lays hold of A to prevent him from doing so. A is moved to sudden and violent
+"passion in consequence, and kills Z. This is murder, in as much as the"
+provocation was given by a thing done in the exercise of the right of private
+defence.
+"(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander,"
+"intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife"
+into B’s hand for that purpose. B kills Z with the knife. Here B may have
+"committed only culpable homicide, but A is guilty of murder."
+"Exception 2.—Culpable homicide is not murder if the offender, in the exercise"
+"in good faith of the right of private defence of person or property, exceeds the"
+power given to him by law and causes the death of the person against whom
+"he is exercising such right of defence without premeditation, and without any"
+intention of doing more harm than is necessary for the purpose of such
+defence.
+Illustration
+"Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to"
+A. A draws out a pistol. Z persists in the assault. A believing in good faith that
+"he can by no other means prevent himself from being horsewhipped, shoots Z"
+"dead. A has not committed murder, but only culpable homicide."
+"Exception 3.—Culpable homicide is not murder if the offender, being a public"
+"servant or aiding a public servant acting for the advancement of public justice,"
+"exceeds the powers given to him by law, and causes death by doing an act"
+"which he, in good faith, believes to be lawful and necessary for the due"
+discharge of his duty as such public servant and without ill-will towards the
+person whose death is caused.
+Exception 4.—Culpable homicide is not murder if it is committed without
+premeditation in a sudden fight in the heat of passion upon a sudden quarrel
+and without the offender having taken undue advantage or acted in a cruel or
+unusual manner.
+Explanation
+It is immaterial in such cases which party offers the provocation or commits
+the first assault.
+Exception 5.—Culpable homicide is not murder when the person whose death
+"is caused, being above the age of eighteen years, suffers death or takes the risk"
+of death with his own consent.
+Illustration
+"A, by instigation, voluntarily causes, Z, a person under eighteen years of age to"
+"commit suicide. Here, on account of Z’s youth, he was incapable of giving"
+consent to his own death; A has therefore abetted murder.
+‘And commits such act without any excuse for incurring the risk of
+causing death’
+"Merely causing death, by doing an act with the knowledge that is so"
+"imminently dangerous that it must, in all probability cause death, is not"
+"murder. In order that an act, done with such knowledge, should constitute"
+"murder, it is necessary that it should be committed without any excuse for"
+"incurring the risk of causing the death or bodily injury. An act, done with the"
+"knowledge of its consequences, is not prima facie murder, it becomes murder"
+only if it can be positively affirmed that there was no excuse. The requirements
+of the section are not satisfied by the act of homicide being one of extreme
+"recklessness. It must, in addition, be wholly in inexcusable. When a risk in"
+incurred even a risk of the gravest possible character which must normally
+"result in death, the taking of that risk is not murder unless it was inexcuatble"
+"to take it; Emperor v. Dhirajia, AIR 1940 All 486; Gyarsibai w/o Jagannath v."
+"State, AIR 1953 MB 61."
+Clause ‘thirdly’ of section 300 distinguished from the second clause
+of section 299
+The difference between the second clause of section 299 and clause ‘thirdly’ of
+section 300 to one of degree of probability of death resulting from the
+"intended bodily injury. To put it more broadly, it is the degree of probability of"
+"death which determines whether a culpable homicide is of the gravest,"
+"medium, or lowest degree. The word likely in second clause of section 299"
+conveys the sense of probable as distinguished from a mere possibility. The
+words ‘bodily injury ………… sufficient in the ordinary course of nature to cause
+"death’, in clause thirdly of section 300, mean that death will be the most"
+probable result of the injury having regard to the ordinary course of nature;
+"State of Andhra Pradesh v. Rayavarpu Punayya, AIR 1977 SC 45."
+Consent
+Circumstantial evidence is not sufficient to convict accused when possibility of
+deceased receiving fatal injury by fall cannot be ruled out; State of Rajasthan
+"v. Kamla, (1991) Cr LJ 602 (SC)."
+Essential of murder
+(i) Having regard to the number of injuries inflicted on the deceased it was not
+possible to uphold the contention that there was no intention to kill; Prabhu v.
+"State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC)."
+"(ii) When there was no evidence as to how death came about, evidence relating"
+to charge of murder was held to be insufficient and unacceptable; Kedar Nath
+"v. State of Madhya Pradesh, (1991) Cr LJ 989 (SC)."
+Exception 4: Heat of passion
+Mere sudden quarrel would not entitle the accused to seek for Exception 4 to
+"section 300; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2"
+Crimes 185 (Mad).
+Exception 4: Scope and applicability of
+"To invoke Exception 4 to section 300, four requirements must be satisfied,"
+namely (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act
+was done in a heat of passion; and (iv) the assailant had not taken any undue
+advantage or acted in a cruel manner… The number of wounds caused during
+the occurrence is not a decisive factor but what is important is that the
+occurrence must have been sudden and unpremeditated and the offender
+"must have acted in a fit of anger. Of course, the offender must not have taken"
+"any undue advantage or acted in a cruel manner. Where, on a sudden quarrel,"
+a person in the heat of the moment picks up a weapon which is handy and
+"causes injuries, one of which proves fatal, he would be entitled to the benefit of"
+this Exception provided he has not acted cruelly; Samuthram alias Samudra
+"Rajan v. State of Tamil Nadu, (1997) 2 Crimes 185 (Mad)."
+Fight
+Where a mutual conflict develops and there is no reliable and acceptable
+"evidence as to how it started and as to who was the aggressor, it will not be"
+correct to assume private defence for both sides. Such a case will be a case of
+sudden fight and conflict and has to be dealt with under Exception 4 to section
+"300 of the Code; Januram v. State of Madhya Pradesh, (1997) 2 Crimes 582"
+(MP).
+Injuries on vital and non-vital parts of body of the deceased
+Infliction of the injury on the vital part of the body with the agricultural
+"instrument by the enraged accused in a sudden quarrel—Held, accused did not"
+"cause the injury intentionally; Patel Rasiklal Becharbhai v. State of Gujarat,"
+AIR 1992 SC 1150.
+Injury which is likely to cause death and injury which is sufficient
+in ordinary course of nature to cause death
+(i) Accused inflicted 18 injuries in the arms and legs of the deceased with a
+gandasa. None of the injuries was on a vital part of the body of the deceased.
+The obvious motive was revenge because the deceased’s son had caused a
+"serious leg injury which resulted in the amputations of the leg of P, the son of"
+appellant. The Court held that one of the injuries inflicted by the appellant was
+on a vital part of the body of the deceased whom the appellant had no
+"intention to kill, at the same time though he had no intention to kill, the"
+appellant must have known that he was inflicting such bodily injuries as were
+likely to cause death as a consequence of which death did happen. The
+appellants conviction for murder was accordingly altered to one for culpable
+"homicide; Kapur Singh v. State of Pepsu, AIR 1956 SC 654."
+(ii) It was held by the Supreme Court that whether the injury intended by the
+accused and actually inflicted by him is sufficient in the ordinary course of
+"nature to cause death or not, must be determined in each case on the basis of"
+"the facts and circumstances. In the instant case, the injury caused was the"
+result of blow with a knife in the stomach which was given with such force that
+the weapon had penetrated the abdomen and had injured the bowels.
+According to the doctor the injury was sufficient in the ordinary course of
+"nature to cause death. Therefore, in the absence of any circumstances to show"
+"that the injury was caused accidentally or unintentionally, it had to be"
+presumed that the accused had intended to cause the inflicted injury and the
+"condition of cl. (3) of section 300, I.P.C. were satisfied. Conviction under"
+"section 302 was upheld; Virsa Singh v. State of Punjab, AIR 1958 SC 465."
+(iii) The appellant had given six blows with a lathi stick on the head of the
+"deceased, one of which fractured his skull. The deceased died three weeks"
+after the incident. The injury which broke the skull had caused a depression in
+the brain and death was due to brain hemorrhage. It was held that the accused
+was liable under section 304 for culpable homicide. The Court held that even
+though the blows were inflicted by the appellant on the head of the deceased
+"with force, the lathi not being an iron rod and the deceased being a young man"
+strongly built the appellant could not under the circumstances be held to have
+been actuated with the intention of causing the death of the deceased nor do
+one could think despite the medical evidence that the injury was sufficient in
+the ordinary course of nature to cause death. Seeing that he survived for three
+weeks and looking on the doctor’s admission that an injury of that kind is not
+"incurable; Inder Singh Bagga Singh v. State of Pepsu, AIR 1955 SC 439."
+Intention and knowledge
+"It is fallacious to contend that when death is caused by a single blow, clause"
+"thirdly is not attracted and, therefore, it would not amount to murder. The"
+ingredient ‘intention’ in that clause gives clue in a given case whether offence
+"involved is murder or not; Jai Prakash v. State (Delhi Administration), (1991)"
+1 Crimes 474 (SC).
+Proof of sufficiency of the injury to cause death
+(i) Where evidence of both eye witnesses reliable and well corroborated by
+medical and other evidence on record inspires confidence that accused had
+intention to kill deceased then conviction is liable to be sustained; Robba
+"Ramanna Dora v. State of Andhra Pradesh, 2000 Cr LJ 118 (AP)."
+(ii) Where the ocular evidence is explicit and fully supported by medical
+evidence and evidence of other witnesses and evidence of witnesses who
+apprehended the accused after some hours of occurrence with blood stained
+weapon then absence of proof of motive will not render the entire prosecution
+"case unbelievable, therefore, charge of murder against accused proved beyond"
+"all reasonable doubt; Ram Nath Novia v. State of Bihar, 2000 Cr LJ 318 (Pat)."
+(iii) Where the evidence of eye witnesses regarding assault to deceased by
+"accused persons was truthful, reliable and clearly corroborated by medical"
+evidence and common intention of accused persons to commit murder of
+deceased also proved therefore conviction under section 300/34 is proper;
+"Ratan Debnath v. State of Tripura, 2000 Cr LJ 237 (Gau)."
+(iv) Chain of evidence must be complete with fully established circumstances
+not to leave any reasonable ground for a conclusion consistent with the
+innocence of accused. It should be of conclusive nature; Arvind v. State (Delhi
+"Admn.), 1999 (4) SCC 4861: 1999 (3) JT 554."
+Provocation must be grave
+"The test of “grave and sudden” provocation is whether a reasonable man,"
+"belonging to the same class of society as the accused, placed in the situation in"
+which the accused was placed would be so provoked as to lose his self-control.
+"(2) In India, words and gestures may also, under certain circumstances, cause"
+grave and sudden provocation to an accused so as to bring his act within the
+First Exception to section 300. (3) The mental background created by the
+previous act of the victim may be taken into consideration in ascertaining
+whether the subsequent act caused grave and sudden provocation for
+"committing the offence; Venkatesan v. State of Tamil Nadu, (1997) 3 Crimes"
+146 (Mad).
+Reasonable man’s—Test
+"The accused, a naval officer, was charged with the murder of P, a businessman"
+"of Bombay, for having illicit intimacy with his wife. On coming to know from"
+"his wife about the illicit relationship with the deceased, he went to the ship,"
+took from the stores a semi-automatic revolver and six cartridges on a false
+"pretext, loaded the same, went to the flat of P entered in his bedroom and shot"
+him dead after a heated exchange of words. The court held that the test to be
+applied is that of the effect of the provocation on a reasonable man; and in
+applying that test it is of particular importance to consider whether a sufficient
+interval has elapsed since the receiving of the information which caused the
+provocation to allow a reasonable man to cool down; K.M. Nanavati v. State of
+"Maharasthra, AIR 1962 SC 605."
+Scope
+"It is now well settled principle of law that if two views are possible, one in"
+"favour of the accused and the other adversely against it, the view favouring the"
+"accused must be accepted; Raghunath v. State of Haryana, AIR 2003 SC 165."
+"With the knowledge that he is likely, by such act, to cause death"
+(i) In case of murder in which the conclusion of guilt is drawn by prosecution
+it must be fully established beyond all reasonable doubt and consistent with
+"the guilt of the accused; S.D. Soni v. State of Gujarat, (1991) Cr LJ 330 (SC)."
+(ii) Legislature had advisedly used the words: “bodily injury as the offender
+"knows to be likely to cause death”. Therefore, from an understanding of the"
+"legislative intent of section 300, I.P.C., a culpable homicide becomes murder if"
+"the attacker causes an injury which he knows is likely to cause death and, of"
+"course, consequent to such injury, the victim should die; State of Rajashtan v."
+"Dhool Singh, AIR 2004 SC 1264."
+Section 301. Culpable homicide by causing death of person other than person whose
+death was intended
+"If a person, by doing anything which he intends or knows to be likely to cause"
+"death, commits culpable homicide by causing the death of any person, whose"
+"death he neither intends nor knows himself to be likely to cause, the culpable"
+homicide committed by the offender is of the description of which it would
+have been if he had caused the death of the person whose death he intended or
+knew himself to be likely to cause.
+Section 302. Punishment for murder
+"Whoever commits murder shall be punished with death, or [imprisonment for"
+1
+life] and shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Death, or imprisonment for life, and fine—Cognizable—Non-"
+bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 303. Punishment for murder by life-convict
+"Whoever, being under sentence of [imprisonment for life], commits murder,"
+1
+shall be punished with death.
+CLASSIFICATION OF OFFENCE
+Punishment—Death—Cognizable—Non-bailable—Triable by Court of Session
+—Non-compoundable.
+—–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 304. Punishment for culpable homicide not amounting to murder
+Whoever commits culpable homicide not amounting to murder shall be
+"punished with [imprisonment for life], or imprisonment of either description"
+1
+"for a term which may extend to ten years, and shall also be liable to fine, if the"
+"act by which the death is caused is done with the intention of causing death, or"
+"of causing such bodily injury as is likely to cause death,"
+or with imprisonment of either description for a term which may extend to ten
+"years, or with fine, or with both, if the act is done with the knowledge that it is"
+"likely to cause death, but without any intention to cause death, or to cause"
+such bodily injury as is likely to cause death.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+Para II
+"Punishment—Imprisonment for 10 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 304A. Causing death by negligence
+[304A. Causing death by negligence.—Whoever causes the death of any
+1
+"person by doing any rash or negligent act not amounting to culpable homicide,"
+shall be punished with imprisonment of either description for a term which
+"may extend to two years, or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"1. Ins. by Act 27 of 1870, sec. 12."
+Section 304B. Dowery death
+[304B. Dowry death.—(1) Where the death of a woman is caused by any burns
+1
+or bodily injury or occurs otherwise than under normal circumstances within
+seven years of her marriage and it is shown that soon before her death she was
+subjected to cruelty or harassment by her husband or any relative of her
+"husband for, or in connection with, any demand for dowry, such death shall be"
+"called “dowry death”, and such husband or relative shall be deemed to have"
+caused her death.
+Explanation
+"For the purpose of this sub-section, “dowry” shall have the same meaning as in"
+"section 2 of the Dowry Prohibition Act, 1961 (28 of 1961)."
+(2) Whoever commits dowry death shall be punished with imprisonment for a
+term which shall not be less than seven years but which may extend to
+imprisonment for life.]
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment of not less than 7 years but which may extend to
+imprisonment for life—Cognizable—Non-bailable—Triable by Court of Session
+—Non-compoundable.
+–
+"1 Ins. by Act 43 of 1986, sec. 10 (w.e.f. 19-11-1986)."
+Section 305. Abetment of suicide of child or insane person
+"If any person under eighteen years of age, any insane person, any delirious"
+"person, any idiot, or any person in a state of intoxication, commits suicide,"
+"whoever abets the commission of such suicide, shall be punished with death"
+"or [ imprisonment for life], or imprisonment for a term not exceeding ten"
+1
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Death, or imprisonment for life, or imprisonment for 10 years"
+and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 306. Abetment of suicide
+"If any person commits suicide, whoever abets the commission of such suicide,"
+shall be punished with imprisonment of either description for a term which
+"may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+Section 307. Attempt to murder
+"Whoever does any act with such intention or knowledge, and under such"
+"circumstances that, if he by that act caused death, he would be guilty of"
+"murder, shall be punished with imprisonment of either description for a term"
+"which may extend to ten years, and shall also be liable to fine; and if hurt is"
+"caused to any person by such act, the offender shall be liable either"
+"to [imprisonment for life], or to such punishment as is hereinbefore"
+1
+mentioned.
+Attempts by life convicts.— 2[When any person offending under this section
+"is under sentence of [imprisonment for life], he may, if hurt is caused, be"
+1
+punished with death.]
+llustrations
+"(a) A shoots at Z with intention to kill him, under such circumstances that, if"
+death ensued. A would be guilty of murder. A is liable to punishment under
+this section.
+"(b) A, with the intention of causing the death of a child of tender years,"
+exposes it in a desert place. A has committed the offence defined by this
+"section, though the death of the child does not ensue."
+"(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed"
+the offence. A fires the gun at Z. He has committed the offence defined in this
+"section, and if by such firing he wounds Z, he is liable to the punishment"
+provided by the latter part of [the first paragraph of] this section.
+3
+"(d) A, intending to murder Z by poison, purchases poison and mixes the same"
+with food which remains in A’s keeping; A has not yet committed the offence
+defined in this section. A places the food on Z’s table or delivers it to Z’s
+servant to place it on Z’s table. A has committed the offence defined in this
+section.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+Para II
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+Para III
+"Punishment—Death, or imprisonment for 10 years and fine—Cognizable—"
+Non-bailable—Triable by Court of Session—Non-compoundable.
+—-
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. Ins. by Act 27 of 1870, sec. 11."
+"3. Ins. by Act 12 of 1891, sec. 2 and Sch. II."
+Section 308. Attempt to commit culpable homicide
+Whoever does any Act with such intention or knowledge and under such
+"circumstances that, if he by that Act caused death, he would be guilty of"
+"culpable homicide not amount to murder, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, or with fine, or with both, and if hurt is caused to any person by such"
+"Act, shall be punished with imprisonment of either description for a term"
+"which may extend to seven years, or with fine, or with both."
+Illustration
+"A, on grave and sudden provocation, fires a pistol at Z, under such"
+circumstances that if he thereby caused death he would be guilty of culpable
+homicide not amounting to murder. A has committed the offence defined in
+this section.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by Court of Session—Non-compoundable.
+Para II
+"Punishment—Imprisonment for 7 years, or fine, or both Cognizable—Non-"
+bailable—Triable by Court of Session—Non-compoundable.
+Section 309. Attempt to commit suicide
+Whoever attempts to commit suicide and does any act towards the
+"commission of such offence, shall be punished with simple imprisonment for"
+"term which may extend to one year [ or with fine, or with both]."
+1
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 1 year, or fine or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"1. Subs. by Act 8 of 1882, sec. 7, for “and shall also be liable to fine”."
+Section 310. Thug
+"Whoever, at any time after the passing of this act, shall have been habitually"
+associated with any other or others for the purpose of committing robbery or
+"child-stealing by means of or accompanied with murder, is a thug."
+Section 311. Punishment
+"Whoever is a thug, shall be punished with [imprisonment for life] and shall"
+1
+also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for life and fine—Cognizable—Non-bailable—
+Triable by Court of Session—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 312. Causing miscarriage
+"Whoever voluntarily causes a woman with child to miscarry, shall, if such"
+miscarriage be not caused in good faith for the purpose of saving the life of the
+"woman, be punished with imprisonment of either description for a term which"
+"may extend to three years, or with fine, or with both, and, if the woman be"
+"quick with child, shall be punished with imprisonment of either description"
+"for a term which may extend to seven years, and shall also be liable to fine."
+Explanation
+"A woman who causes herself to miscarry, is within the meaning of this section."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 3 years, or fine or both—Non-cognizable—"
+Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 313. Causing miscarriage without woman’s consent
+Whoever commits the offence defined in the last preceding section without the
+"consent of the woman, whether the woman is quick with child or not, shall be"
+punished with [ imprisonment for life] or with imprisonment of either
+1
+"description for a term which may extend to ten years, and shall also be liable"
+to fine.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+—-
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 314. Death caused by act done with intent to cause miscarriage-
+"Whoever, with intent to cause the miscarriage of woman with child, does any"
+"act which causes the death of such woman, shall be punished with"
+"imprisonment of either description for a term may extend to ten years, and"
+shall also be liable to fine.
+If act done without woman’s consent.— And if the act is done without
+"the consent of the woman, shall be punished either with [imprisonment for"
+1
+life] or with the punishment above mentioned
+Explanation
+It is not essential to this offence that the offender should know that the act is
+likely to cause death.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+Para II
+"Punishment—Imprisonment for life, or as above—Cognizable—Non-bailable—"
+Triable by Court of Session—Non-compoundable.
+—-
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 315. Act done with intent to prevent child being born alive or to cause it to die
+after birth
+Whoever before the birth of any child does any act with the intention of
+thereby preventing that child from being born alive or causing it to die after its
+"birth, and does by such act prevent that child from being born alive, or causes"
+"it to die after its birth, shall, if such act be not caused in good faith for the"
+"purpose of saving the life of the mother, be punished with imprisonment of"
+"either description for a term which may extend to ten years, or with fine, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 10 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by Court of Session—Non-compoundable.
+Section 316. Causing death of quick unborn child by act amounting to culpable homicide
+"Whoever does any act under such circumstances, that if he thereby caused"
+"death he would be guilty of culpable homicide, and does by such act cause the"
+"death of a quick unborn child, shall be punished with imprisonment of either"
+"description for a term which may extend to ten years, and shall also be liable"
+to fine.
+Illustration
+"A, knowing that he is likely to cause the death of a pregnant woman, does an"
+"act which, if it caused the death of the woman, would amount to culpable"
+"homicide. The woman is injured, but does not die, but the death of an unborn"
+quick child with which she is pregnant is thereby caused. A is guilty of the
+offence defined in this section.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+"Section 317. Exposure and abandonment of child under twelve years, by parent or person"
+having care of it.
+"Whoever being the father or mother of a child under the age of twelve years,"
+"having the care of such child, shall expose or leave such child in any place with"
+"the intention of wholly abandoning such child, shall be punished with"
+imprisonment of either description for a term which may extend to seven
+"years; or with fine, or with both."
+Explanation
+This section is not intended to prevent the trial of the offender for murder or
+"culpable homicide, as the case may be, if the child dies in consequence of the"
+exposure.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 318. Concealment of birth by secret disposal of dead body.
+"Whoever, by secretly burying or otherwise disposing of the death body of a"
+"child whether such child die before or after or during its birth, intentionally"
+"conceals or endeavours to conceal the birth of such child, shall be punished"
+with imprisonment of either description for a term which may extend to two
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 319. Hurt.
+"Whoever causes bodily pain, disease or infirmity to any person is said to cause"
+hurt.
+Section 320. Grievous hurt.
+The following kinds of hurt only are designated as “grievous”:
+First.— Emasculation.
+Secondly.—Permanent privation of the sight of either eye.
+"Thirdly.— Permanent privation of the hearing of either ear,"
+Fourthly.—Privation of any member or joint.
+Fifthly.— Destruction or permanent impairing of the powers of any member or
+joint.
+Sixthly.— Permanent disfiguration of the head or face.
+Seventhly.—Fracture or dislocation of a bone or tooth.
+Eighthly.—Any hurt which endangers life or which causes the sufferer to be
+"during the space of twenty days in severe bodily pain, or unable to follow his"
+ordinary pursuits.
+Section 321. Voluntarily causing hurt.
+Whoever does any act with the intention of thereby causing hurt to any
+"person, or with the knowledge that he is likely thereby to cause hurt to any"
+"person, and does thereby cause hurt to any person, is said “voluntarily to"
+cause hurt”.
+Section 322. Voluntarily causing grievous hurt
+"Whoever voluntarily causes hurt, if the hurt which the intends to cause or"
+"knows himself to be likely to cause is grievous hurt, and if the hurt which he"
+"causes is grievous hurt, is said “voluntarily to cause grievous hurt”."
+Explanation
+A person is not said voluntarily to cause grievous hurt except when he both
+causes grievous hurt and intends or knows himself to be likely to cause
+"grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or"
+knowing himself to be likely to cause grievous hurt of one kind; he actually
+causes grievous hurt of another kind.
+Illustration
+"A, intending or knowing himself to be likely permanently to disfigure Z’s face,"
+"gives Z a blow which does not permanently disfigure Z’s face, but which cause"
+Z to suffer severe bodily pain for the space of twenty days. A has voluntarily
+caused grievous hurt.
+Section 323. Punishment for voluntarily causing hurt
+"Whoever, except in the case provided for by section 334,voluntarily causes"
+"hurt, shall be punished with imprisonment of either description for a term"
+"which may extend to one year, or with fine which may extend to one thousand"
+"rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Non-"
+cognizable—Bailable—Triable by any Magistrate—Compounded by the person
+to whom the hurt is caused.
+Section 324. Voluntarily causing hurt by dangerous weapons or means
+"Whoever, except in the case provided for by section 334, voluntarily causes"
+"hurt by means of any instrument for shooting, stabbing or cutting, or any"
+"instrument which, used as weapon of offence, is likely to cause death, or by"
+"means of fire or any heated substance, or by means of any poison or any"
+"corrosive substance, or by means of any explosive substance or by means of"
+"any substance which it is deleterious to the human body to inhale, to swallow,"
+"or to receive into the blood, or by means of any animal, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+Bailable—Triable by any Magistrate—Compoundable by the person to whom
+hurt is caused with the permission of the court.
+Section 325. Punishment for voluntarily causing grievous hurt
+"Whoever, except in the case provided for by section 335, voluntarily causes"
+"grievous hurt, shall be punished with imprisonment of either description for a"
+"term which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, and fine—Cognizable—Bailable—"
+Triable by any Magistrate—Compoundable by the person to whom hurt is
+caused with the permission of the court.
+Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
+"Whoever, except in the case provided for by section 335, voluntarily causes"
+"grievous hurt by means of any instrument for shooting, stabbing or cutting, or"
+"any instrument which, used as a weapon of offence, is likely to cause death, or"
+"by means of fire or any heated substance, or by means of any poison or any"
+"corrosive substance, or by means of any explosive substance, or by means of"
+"any substance which it is deleterious to the human body inhale, to swallow, or"
+"to receive into the blood, or by means of any animal, shall be punished"
+"with [imprisonment for life], or with imprisonment of either description for a"
+1
+"term which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"1[326A. Whoever causes permanent or partial damage or deformity to, or"
+"burns or maims or disfigures or disables, any part or parts of the body of a"
+person or causes grievous hurt by throwing acid on or by administering acid to
+"that person, or by using any other means with the intention of causing or with"
+"the knowledge that he is likely to cause such injury or hurt, shall be punished"
+with imprisonment of either description for a term which shall not be less than
+"ten years but which may extend to imprisonment for life, and with fine:"
+Provided that such fine shall be just and reasonable to meet the medical
+expenses of the treatment of the victim:
+Provided further that any fine imposed under this section shall be paid to the
+victim.
+"1. Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or"
+"attempts to use any other means, with the intention of causing permanent or partial damage or deformity or"
+"burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with"
+imprisonment of either description for a term which shall not be less than five years but which may extend to
+"seven years, and shall also be liable to fine."
+"1n iolnpxEtaa .—For the purposes of section 326A and this section, “acid”"
+includes any substance which has acidic or corrosive character or burning
+"nature, that is capable of causing bodily injury leading to scars or"
+disfigurement or temporary or permanent disability.
+"2n iolnpxEtaa .— For the purposes of section 326A and this section,"
+permanent or partial damage or deformity shall not be required to be
+irreversible.]
+"1 Inserted by Section 5 of ‘The Criminal Law (Amendment) Act, 2013′"
+"Section 327. Voluntarily causing hurt to extort property, or to constrain to an illegal act"
+"Whoever voluntarily causes hurt, for the purpose of extorting from the"
+"sufferer, or from any person interested in the sufferer, any property or"
+"valuable security, or of constraining the sufferer or any person interested in"
+such sufferer to do anything which is illegal or which may facilitate the
+"commission of an offence, shall be punished with imprisonment of either"
+"description for a term which may extend to ten years, and shall also be liable"
+to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+"Section 328. Causing hurt by means of poison, etc., with intent to commit an offence"
+Whoever administers to or causes to be taken by any person any poison or any
+"stupefying, intoxicating or unwholesome drug, or other thing with intent to"
+"cause hurt such person, or with intent to commit or to facilitate the"
+commission of an offence or knowing in to be likely that he will thereby cause
+"hurt, shall be punished with imprisonment of either description for a term"
+"which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+"Section 329. Voluntarily causing grievous hurt to extort property, or to constrain to an"
+illegal act
+Whoever voluntarily causes grievous hurt for the purpose of extorting from
+the sufferer or from any person interested in the sufferer any property or
+"valuable security, or of constraining the sufferer or any person interested in"
+such sufferer to do anything that is illegal or which may facilitate the
+"commission of an offence, shall be punished with [imprisonment for life], or"
+1
+"imprisonment of either description for a term which may extend to ten years,"
+and shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 330. Voluntarily causing hurt to extort confession, or to compel restoration of"
+property
+Whoever voluntarily causes hurt for the purpose of extorting from the sufferer
+"or from any person interested in the sufferer, any confession or any"
+"information which may lead to the detection of an offence or misconduct, or"
+for the purpose of constraining the sufferer or any person interested in the
+sufferer to restore or to cause the restoration of any property or valuable
+"security or to satisfy any claim or valuable security, shall be punished with"
+imprisonment of either description for a term which may extend to seven
+"years, shall also be liable to fine."
+Illustrations
+"(a) A, a police-officer, tortures Z in order to induce Z to confess that he"
+committed a crime. A guilty of an offence under this section.
+"(b) A, a police officer, tortures B to induce him to point out where certain"
+stolen property is deposited. A is guilty of an offence under this section.
+"(c) A, a revenue officer, tortures Z in order to compel him to pay certain"
+arrears of revenue due from Z. A is guilty of an offence under this section.
+"(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is"
+guilty of an offence under this section.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"Section 331. Voluntarily causing grievous hurt to extort confession, or to compel"
+restoration of property
+Whoever voluntarily causes grievous hurt for the purpose of extorting from
+the sufferer or from any person interested in the sufferer any confession or
+"any information which may lead to the detection of an offence or misconduct,"
+or for the purpose of constraining the sufferer or any person interested in the
+sufferer to restore or to cause the restoration of any property or valuable
+"security, or to satisfy any claim or demand or to give information which may"
+"lead to the restoration of any property or valuable security, shall be punished"
+with imprisonment of either description for a term which may extend to ten
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+Section 332. Voluntarily causing hurt to deter public servant from his duty
+Whoever voluntarily causes hurt to any person being a public servant in the
+"discharge of his duty as such public servant, or with intent to prevent or deter"
+that person or any other public servant from discharging his duty as such
+"public servant, or in consequence of anything done or attempted to be done by"
+"that person in the lawful discharge of his duty as such public servant, shall be"
+punished with imprisonment of either description for a term which may
+"extend to three years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 333. Voluntarily causing grievous hurt to deter public servant from his duty
+Whoever voluntarily causes grievous hurt to any person being a public servant
+"in the discharge of his duty as such public servant, or with intent to prevent or"
+deter that person or any other public servant from discharging his duty as
+"such public servant, or in consequence of anything done or attempted to be"
+"done by that person in the lawful discharge of his duty as such public servant,"
+shall be punished with imprisonment of either description for a term which
+"may extend to ten years, and shall also be liable to fine."
+Section 334. Voluntarily causing hurt on provocation
+"Whoever voluntarily causes hurt on grave and sudden provocation, if he"
+neither intends nor knows himself to be likely to cause hurt to any person
+"other than the person who gave the provocation, shall be punished with"
+imprisonment of either description for a term which may extend to one
+"month, or with fine which may extend to five hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 month, or fine of 500 rupees, or both—Non-"
+cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person to whom the hurt is caused.
+Section 335. Voluntarily causing grievous hurt on provocation
+"Whoever [voluntarily] causes grievous hurt on grave and sudden provocation,"
+1
+if he neither intends nor knows himself to be likely to cause grievous hurt to
+"any person other than the person who gave the provocation, shall be punished"
+with imprisonment of either description for a term which may extend to four
+"years or with fine which may extend to two thousand rupees, or with both"
+Explanation
+"The last two sections are subject to the same provisos as Explanation 1, section"
+300.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 4 years, or fine of 2000 rupees, or both—"
+Cognizable-Bailable—Triable by Magistrate of the first class—Compoundable
+by the person to whom hurt is caused with the permission of the court.
+–
+"1. Ins. by Act 8 of 1882, sec. 8."
+Section 336. Act endangering life or personal safety of others
+Whoever does any act so rashly or negligently as to endanger human life or the
+"personal safety of others, shall be punished with imprisonment of either"
+"description for term which may extend to three months, or with fine which"
+"may extend to two hundred and fifty rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine of 250 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 337. Causing hurt by act endangering life or personal safety of others
+Whoever causes hurt to any person by doing any act so rashly or negligently as
+"to endanger human life, or the personal safety of others, shall be punished"
+with imprisonment of either description for term which may extend to six
+"months, or with fine which may extend to five hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 6 months, or fine of 500 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person to whom hurt is caused with the permission of the court.
+Section 338. Causing grievous hurt by act endangering life or personal safety of others
+Whoever causes grievous hurt to any person by doing any act so rashly or
+"negligently as to endanger human life, or the personal safety of others, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, or with fine which may extend to one thousand rupees, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person to whom hurt is caused with the permission of the court.
+Section 339. Wrongful restraint
+Whoever voluntarily obstructs any person so as to prevent that person from
+"proceeding in any direction in which that person has right to proceed, is said"
+wrongfully to restrain that person.
+Exception: – The obstruction of a private way over land or water which a
+"person in good faith believes himself to have lawful right to obstruct, is not an"
+offence within the meaning of this section.
+Illustration
+A obstructs a path along which Z has a right to pass. A not believing in good
+faith that he has a right to stop the path. Z is thereby prevented from passing.
+A wrongfully restrains Z.
+Section 340. Wrongful confinement.
+Whoever wrongfully restrains any person in such a manner as to prevent that
+"person from proceedings beyond certain circumscribing limits, is said"
+“wrongfully to confine” that person.
+Illustrations
+"(a) A causes Z to go within a walled space, and locks Z in. A is thus prevented"
+from proceeding in any direction beyond the circumscribing line of wall. A
+wrongfully confines Z.
+"(b) A places men with firearms at the outlets of a building, and tells Z that they"
+will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
+Section 341. Punishment for wrongful restraint
+Whoever wrongfully restrains any person shall be punished with simple
+"imprisonment for a term, which may extend to one month, or with fine which"
+"may extend to five hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both"
+—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person restrained or confined.
+Section 342. Punishment for wrongful Confinement
+Whoever wrongfully confines any person shall be punished with
+"imprisonment of either description for a term which may extend to one year,"
+"or with fine which may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person restrained or confined.
+Section 343. Wrongful confinement for three or more days
+"Whoever wrongfully confines any person for three days, or more, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person confined
+with the permission of the court.
+Section 344. Wrongful confinement for ten or more days
+"Whoever wrongfully confines any person for ten days, or more, shall be"
+punished with imprisonment of either description for a term which any extend
+"to three years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—
+Triable by any Magistrate—Compoundable by the person confined with the
+permission of court.
+Section 345. Wrongful confinement of person for whose liberation writ has been issued
+"Whoever keeps any person in wrongful confinement, knowing that a writ for"
+"the liberation of that person has been duly issued, shall be punished with"
+imprisonment of either description for a term which may extend to two years
+in addition to any term of imprisonment to which he may be liable under any
+other section of this chapter.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 2 years in addition to imprisonment under
+any other section—Cognizable—Bailable—Triable by Magistrate of the first
+class—Non-compoundable.
+Section 346. Wrongful confinement in secret
+Whoever wrongfully confines any person in such manner as to indicate an
+intention that the confinement of such person may not be known to any
+"person interested in the person so confined, or to any public servant, or that"
+the place of such confinement may not be known to or discovered by any such
+"person or public servant as hereinbefore mentioned, shall be punished with"
+imprisonment of either description for a term which may extend to two years
+in addition to any other punishment to which he may be liable for such
+wrongful confinement.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, in addition to imprisonment under"
+any other section—Cognizable—Bailable—Triable by Magistrate of the first
+class—Compoundable by the person confined with the permission of the court.
+"Section 347. Wrongful confinement to extort property, or constrain to illegal act"
+Whoever wrongfully confines any person for the purpose of extorting from the
+"person confined, or from any person interested in the person confined, any"
+property or valuable security or of constraining the person confined or any
+person interested in such person to do anything illegal or to give any
+"information which may facilitate the commission of an offence, shall be"
+punished with imprisonment of either description for a term which may
+"extend to three years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—
+Triable by any Magistrate—Non-compoundable.
+"Section 348. Wrongful confinement to extort confession, or compel restoration of"
+property
+Whoever wrongfully confines any person for the purpose of extorting from the
+person confined or any person interested in the person confined any
+confession or any information which may led to the detection of an offence or
+"misconduct, or for the purpose of constraining the person confined or any"
+person interested in the person confined to restore or to cause the restoration
+"of any property or valuable security or to satisfy any claim or demand, or to"
+give information which may lead to the restoration of any property or valuable
+"security, shall be punished with imprisonment of either description for a term"
+"which may extend to three years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—
+Triable by any Magistrate—Non-compoundable.
+Section 349. Force
+"A person is said to use force to another if he causes motion, change of motion,"
+"or cessation of motion to that other, or if he causes to any substance such"
+"motion, or change of motion, or cessation of motion as brings that substance"
+"into contact with any part of that other’s body, or with anything which that"
+"other is wearing or carrying, or with anything so situated that such contact"
+affects that other’s sense of feeling: Provided that the person causing the
+"motion, or change of motion, or cessation of motion, causes that motion,"
+"change of motion, or cessation of motion in one of the three ways hereinafter"
+described.
+First.— By his own bodily power.
+Secondly.—By disposing any substance in such a manner that the motion or
+"change or cessation of motion takes place without any further act on his part,"
+or on the part of any other person.
+"Thirdly.— By inducing any animal to move, to change its motion, or to cease to"
+move.
+Section 350. Criminal force
+"Whoever intentionally uses force to any person, without that person’s consent,"
+"in order to the committing of any offence, or intending by the use of such force"
+"to cause, or knowing it to be likely that by the use of such force he will cause"
+"injury, fear or annoyance to the person to whom the force is used, is said to"
+use criminal force to that other.
+Illustrations
+"(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus"
+intentionally causes the boat to drift down the stream. Here A intentionally
+"causes motion to Z, and he does this by disposing substances in such a manner"
+"that the motion is produced without any other act on any person’s part, A has"
+therefore intentionally used force to Z; and if he has done so without Z’s
+"consent, in order to the committing of any offence, or intending or knowing in"
+"to be likely that this use of force will cause injury, fear or annoyance to Z, A"
+has used criminal force to Z.
+"(b) Z is reading in a chariot. A lashes Z’s horses, and thereby causes them to"
+quicken there pace. Here Z has caused change of motion to Z by inducing the
+animals to change their motion. A has therefore used force to Z; and if A has
+"done this without Z’s consent, intending or knowing it to be likely that he may"
+"thereby injure, frighten or annoy Z, A has used criminal force to Z."
+"(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops"
+the palanquin. Here A has caused therefore used force to Z; and as A has acted
+"thus intentionally, without Z’s consent, in order to the commission of an"
+offence. A has used criminal force to Z.
+(d) A intentionally pushes against Z in the street. Here A has by his own bodily
+power moved his own person so as to bring it into contact with Z. He has
+therefore intentionally used force to Z; and if he has done so without Z’s
+"consent, intending or knowing it to be likely that he may thereby injure,"
+"frighten or annoy Z, he has used criminal force to Z."
+(e) A throws a stone intending or knowing it to be likely that the stone will be
+"thus brought in to contact with Z, or with Z’s clothes, or with something"
+"carried by Z, or that it will strike water and dash up the water against Z’s"
+"clothes or something carried by Z. Here, if the throwing of the stone produce"
+"the effect of causing any substance to come into contact with Z, or Z’s clothes."
+"A has used force to Z; and if he did so without Z’s consent, intending thereby"
+"to injure, frighten or annoy Z, he has criminal force by Z."
+(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to
+"her, and if he does so without her consent intending or knowing it to be likely"
+"that he may thereby injure, frighten or annoy her, he has used criminal force"
+to her.
+"(g) Z is bathing, A pours into the bath water which he knows to be boiling."
+Here A intentionally by his own bodily power causes such motion in the
+"boiling water as brings that water into contact with Z, or with that water so"
+situated that such contact must affect Z’s sense of feeling; A has therefore
+intentionally used force to Z; and he has done this without Z’s consent
+"intending or knowing it to be likely that he may thereby cause injury, fear, or"
+"annoyance to Z, A has used criminal force."
+"(h) A incites a dog to spring upon Z, without Z; s consent. Here, if A intends to"
+"cause injury, fear or annoyance to Z, he uses criminal force to Z."
+Section 351. Assault
+"Whoever makes any gesture, or any preparation intending or knowing it to be"
+likely that such gesture or preparation will cause any person present to
+apprehend that he who makes that gesture or preparation is about to use
+"criminal force to that person, is said to commit as assault."
+Explanation
+Mere words do not amount to an assault. But the words which a person uses
+may give to his gestures or preparation such a meaning as may make those
+gestures or preparations amount to an assault.
+Illustrations
+"(a) A shakes his fist at Z, intending or knowing it to be likely that he may"
+"thereby cause Z to believe that A is about to strike Z, A has committed an"
+assault.
+"(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it"
+to be likely that he may thereby cause Z to believe that he is about to cause the
+dog to attack Z. A has committed an assault upon Z.
+"(c) A takes up a stick, saying to Z, “I will give you a beating” Here, though the"
+"words used by A could in no case amount to an assault, and though the mere"
+"gesture, unaccompanied by any other circumstances, might not amount to an"
+"assault, the gesture explained by the words may amount to an assault."
+Section 352. Punishment for assault or criminal force otherwise than on grave
+provocation
+Whoever assaults or uses criminal force to any person otherwise than on grave
+"and sudden provocation given by that person, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"months, or with fine which may extend to five hundred rupees, or with both."
+Explanation
+Grave and sudden provocation will not mitigate the punishment for an offence
+under this section. If the provocation is sought or voluntarily provoked by the
+"offender as an excuse for the offence, or"
+"if the provocation is given by anything done in obedience to the law, or by a"
+"public servant, in the lawful exercise of the powers of such public servant, or"
+if the provocation is given by anything done in the lawful exercise of the right
+of private defence.
+Whether the provocation was grave and sudden enough to mitigate the
+"offence, is a question of fact."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—"
+Non-Cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person assaulted or to whom criminal force is used.
+Section 353. Assault or criminal force to deter public servant from discharge of his duty
+Whoever assaults or uses criminal force to any person being a public servant
+"in the execution of his duty as such public servant, or with intent to prevent or"
+"deter that person from discharging his duty as such public servant, or in"
+consequence of anything done or attempted to be done by such person in the
+"lawful discharge of his duty as such public servant, shall be punished with"
+"imprisonment of either description for a term which may extend to two years,"
+"or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 354. Assault or criminal force to woman with intent to outrage her modesty
+"Whoever assaults or uses criminal force to any woman, intending to outrage or"
+"knowing it to be likely that he will thereby outrage her modesty, 1[shall be"
+punished with imprisonment of either description for a term which shall not
+"be less than one year but which may extend to five years, and shall also be"
+liable to fine.]
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+State Amendments
+Andhra Pradesh
+"For section 354, the following section shall be substituted, namely"
+354. Assault or criminal force to woman with intent to outrage her modesty.—
+Whoever assaults or uses criminal force to any woman intending to outrage or
+"knowing it to be likely that he will thereby outrage her modesty, shall be"
+punished with imprisonment of either description for a term which shall not
+be less than five years but which may extend to seven years and shall also be
+liable to fine:
+"Provided that the court may, for adequate and special reasons to be mentioned"
+"in the judgment, impose a sentence of imprisonment of either description for"
+a term which may be less than five years but which shall not be less than two
+years.
+[Vide Andhra Pradesh Act 6 of 1991].
+Madhya Pradesh
+"After section 354, the following new section shall be inserted, namely"
+354A. Assault or use Criminal force to woman with intent to disrobe her.—
+Whoever assaults or uses criminal force to any woman or abets or conspires to
+assault or uses such criminal force to any woman intending to outrage or
+"knowing it to be likely that by such assault, he will thereby outrage or causes"
+to be outraged the modesty of the woman by disrobing or compel her to be
+"naked on any public place, shall be punished with imprisonment of either"
+description for a term which shall not be less than one year but which may
+extend to ten years and shall also be liable to fine.”.
+"[Vide Madhya Pradesh Act 14 of 2004, sec. 3 (w.e.f. 2-12-2004)]."
+Orissa
+"In the First Schedule to the Code of Criminal Procedure, 1973 in the entry"
+under column 5 relating to section 354 of the Indian Penal Code 1860 for the
+word ‘bailable’ the word ‘non-bailable’ shall be substituted.
+"[Vide Orissa Act 6 of 1995, sec. 3 (w.e.f. 10-3-1995)]."
+"1. Inserted by Section 7 of ‘The Criminal Law (Amendment) Act, 2013′"
+"Section 355. Assault or criminal force with intent to dishonour person, otherwise than on"
+grave provocation
+"Whoever assaults or uses criminal force to any person, intending thereby to"
+"dishonour that person, otherwise than on grave and sudden provocation given"
+"by that person, shall be punished with imprisonment for a term which may"
+"extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-Cognizable—"
+Bailable—Triable by any Magistrate—Compounded by the person assaulted or
+to whom criminal force is used.
+State Amendment
+Andhra Pradesh
+"Offence under section 355 is non-cognizable, bailable and triable by any"
+Magistrate.
+"[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]."
+Section 356. Assault or criminal force in attempt to commit theft of property carried by a
+person
+"Whoever assault or uses criminal force to any person, in attempting to commit"
+"theft on any property which that person is then wearing or carrying, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 357. Assault or criminal force in attempt wrongfully to confine a person
+"Whoever assaults or uses criminal force to any person, in attempting"
+"wrongfully to confine that person, shall be punished with imprisonment of"
+"either description for a term which may extend to one year, or with fine which"
+"may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person assaulted or to whom the force was used with the permission of the
+court.
+Section 358. Assault or criminal force on grave provocation
+Whoever assaults or uses criminal force to any person on grave and sudden
+"provocation given by that person, shall be punished with simple imprisonment"
+"for a term which may extend to one month, or with fine which may extend to"
+"two hundred rupees, or with both."
+Explanation
+The last section is subject to the same Explanation as section 352.
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for one month, or fine of 200 rupees, or"
+both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable
+by the person assaulted or to whom criminal force is used.
+Section 359. Kidnapping
+"Kidnapping is of two kinds: kidnapping from [India], and kidnapping from"
+1
+lawful guardianship.
+—–
+"1. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above."
+Section 360. Kidnapping from India
+Whoever conveys any person beyond the limits of [India] without the consent
+1
+"of that person, or of some person legally authorised to consent on behalf of"
+"that person, is said to kidnap that person from [India]."
+1
+—-
+"1. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above."
+Section 361. Kidnapping from lawful guardianship
+"Whoever takes or entices any minor under [sixteen] years of age if a male, or"
+1
+"under [eighteen] years of age if a female, or any person of unsound mind, out"
+2
+of the keeping of the lawful guardian of such minor or person of unsound
+"mind, without the consent of such guardian, is said to kidnap such minor or"
+person from lawful guardianship.
+Explanation
+The words “lawful guardian” in this section include any person lawfully
+entrusted with the care or custody of such minor or other person.
+Exception
+This section does not extend to the act of any person who in good faith
+"believes himself to be the father of an illegitimate child, or who in good faith"
+"believes himself to be entitled to lawful custody of such child, unless such act"
+is committed for an immoral or unlawful purpose.
+STATE AMENDMENT
+Manipur
+In section 361 for the words ‘eighteen’ substitute the word ‘fifteen’.
+"[Vide Manipur Act 30 of 1950, sec. 3 (w.e.f. 16-4-1950), read with Act 81 of 1971, sec. 3 (w.e.f. 25-1-1972)]."
+"1. Subs. by Act 42 of 1949, sec. 2, for “fourteen”."
+"2. Subs. by Act 42 of 1949, sec. 2, for “sixteen”."
+Section 362. Abduction
+"Whoever by force compels, or by any deceitful means induces, any person to"
+"go from any place, is said to abduct that person."
+Section 363. Punishment for kidnapping
+"Whoever kidnaps any person from [India] or from lawful guardianship, shall"
+1
+be punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+State Amendment
+Uttar Pradesh
+"In Uttar Pradesh the offence under section 363, I.P.C. is non-bailable."
+"[Vide Uttar Pradesh Act 1 of 1984, sec. 12 (w.e.f. 1-5-1984)]."
+–
+"1. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+Section 363A. Kidnapping or maiming a minor for purposes of begging
+[363A. Kidnapping or maiming a minor for purposes of begging.—(1)
+1
+"Whoever kidnaps any minor or, not being the lawful guardian of a minor,"
+"obtains the custody of the minor, in order that such minor may be employed"
+or used for the purpose of begging shall be punishable with imprisonment of
+"either description for a term which may extend to ten years, and shall also be"
+liable to fine.
+(2) Whoever maims any minor in order that such minor may be employed or
+used for the purposes of begging shall be punishable with imprisonment for
+"life, and shall also be liable to fine."
+"(3) Where any person, not being the lawful guardian of a minor, employs or"
+"uses such minor for the purposes of begging, it shall be presumed, unless the"
+"contrary is proved, that he kidnapped or otherwise obtained the custody of"
+that minor in order that the minor might be employed or used for the
+purposes of begging.
+"(4) In this section,"
+(a) ‘begging’ means
+"(i) soliciting or receiving alms in a public place, whether under the pretence of"
+"singing, dancing, fortune-telling, performing tricks or selling articles or"
+otherwise;
+(ii) entering on any private premises for the purpose of soliciting or receiving
+alms;
+"(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any"
+"sore, wound, injury, deformity or disease, whether of himself or of any other"
+person or of an animal;
+(iv) using a minor as an exhibit for the purpose of soliciting or receiving alms;
+(b) ‘minor’ means
+"(i) in the case of a male, a person under sixteen years of age; and"
+"(ii) in the case of a female, a person under eighteen years of age.]"
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for life and fine—Cognizable—Non-bailable—
+Triable by Court of Session—Non-compoundable.
+"1. Ins. by Act 52 of 1959, sec. 2 (w.e.f. 15-1-1960)."
+Section 364. Kidnapping or abducting in order to murder
+Whoever kidnaps or abducts any person in order that such person may be
+"murdered or may be so disposed of as to be put in danger of being murdered,"
+shall be punished with [imprisonment for life] or rigorous imprisonment for a
+1
+"term which may extend to ten years, and shall also be liable to fine."
+Illustrations
+"(a) A kidnaps Z from [India], intending or knowing it to be likely that Z may"
+2
+be sacrificed to an idol. A has committed the offence defined in this section.
+(b) A forcibly carries or entices B away from his home in order that B may be
+murdered. A has committed the offence defined in this section..
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or rigorous imprisonment for 10 years"
+and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above."
+"Section 364A. Kidnapping for ransom, etc."
+"[364A. Kidnapping for ransom, etc.—Whoever kidnaps or abducts any person"
+1
+or keeps a person in detention after such kidnapping or abduction and
+"threatens to cause death or hurt to such person, or by his conduct gives rise to"
+"a reasonable apprehension that such person may be put to death or hurt, or"
+causes hurt or death to such person in order to compel the Government
+or [any foreign State or international inter-governmental organization or any
+2
+"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].
+Classification of Offence
+"Punishment—Death, or imprisonment for life and fine—Cognizable—Non-"
+bailable—Triable by Court of Session—Non-compoundable.
+–
+"1. Ins. by Act 42 of 1993, sec. 2 (w.e.f. 22-5-1993)."
+"2. Subs. by Act 24 of 1995, for “any other person” (w.e.f. 26-5-1995)."
+Section 365. Kidnapping or abducting with intent secretly and wrongfully to confine
+person
+Whoever kidnaps or abducts any person with intent to cause that person to be
+"secretly and wrongfully confined, shall be punished with imprisonment of"
+"either description for a term which may extend to seven years, and shall also"
+be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"Section 366. Kidnapping, abducting or inducing woman to compel her marriage, etc."
+Whoever kidnaps or abducts any woman with intent that she may be
+"compelled, or knowing it to be likely that she will be compelled, to marry any"
+"person against her will, or in order that she may be forced or seduced to illicit"
+"intercourse, or knowing it to be likely that she will be forced or seduced to"
+illicit intercourse shall be punished with imprisonment of either description
+"for a term which may extend to ten years, and shall also be liable to fine; [and"
+1
+"whoever, by means of criminal intimidation as defined in this Code or of abuse"
+"of authority or any other method of compulsion, induces any woman to go"
+"from any place with intent that she may be, or knowing that it is likely she will"
+"be, forced or seduced to illicit intercourse with another person shall be"
+punished as aforesaid].
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+–
+"1. Added by Act 20 of 1923, sec. 2."
+Section 366A. Procreation of minor girl
+"[366A. procreation of minor girl.—Whoever, by any means whatsoever,"
+1
+induces any minor girl under the age of eighteen years to go from any place or
+"to do any act with intent that such girl may be, or knowing that it is likely that"
+"she will be, forced or seduced to illicit intercourse with another person shall be"
+"punishable with imprisonment which may extend to ten years, and shall also"
+be liable to fine.]
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+–
+"1. Ins. by Act 20 of 1923, sec. 3."
+Section 366B. Importation of girl from foreign country
+[366B. Importation of girl from foreign country.—Whoever imports
+1
+into [India] from any country outside India [or from the State of Jammu and
+2 3
+Kashmir] any girl under the age of twenty-one years with intent that she may
+"be, or knowing it to be likely that she will be, forced or seduced to illicit"
+"intercourse with another person, [***] shall be punishable with imprisonment"
+4
+which may extend to ten years and shall also be liable to fine.]
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+–
+"1. Ins. by Act 20 of 1923, sec. 3."
+"2. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+"3. Ins. by Act 3 of 1951, sec. 3 and Sch."
+"4. Certain words omitted by Act 3 of 1951, sec. 3 and Sch."
+"Section 367. Kidnapping or abducting in order to subject person to grievous hurt,"
+"slavery, etc."
+Whoever kidnaps or abducts any person in order that such person may be
+"subjected, or may be so disposed of as to be put in danger of being subject to"
+"grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to"
+"be likely that such person will be so subjected or disposed of, shall be"
+punished with imprisonment of either description for a term which may
+"extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+"Section 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted"
+person
+"Whoever, knowing that any person has been kidnapped or has been abducted,"
+"wrongfully conceals or confines such person, shall be punished in the same"
+manner as if he had kidnapped or abducted such person with the same
+"intention or knowledge, or for the same purpose as that with or for which he"
+conceals or detains such person in confinement.
+CLASSIFICATION OF OFFENCE
+Punishment—Punishment for kidnapping or abduction—Cognizance—Non-
+bailable—Triable by court by which the kidnapping or abduction is triable—
+Non-compoundable.
+Section 369. Kidnapping or abducting child under ten years with intent to steal from its
+person
+Whoever kidnaps or abducts any child under the age of ten years with the
+intention of taking dishonestly any movable property from the person of such
+"child, shall be punished with imprisonment of either description for a term"
+"which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 370. Substitution of new sections 370 and 370A for section 370.
+"1[370. (1 ) Whoever, for the purpose of exploitation, (a ) recruits, (b )"
+"transports,"
+"(c ) harbours, (d ) transfers, or (e ) receives, a person or persons, by"
+"sritF .— using threats, or"
+"1. — using force, or any other form of coercion, or"
+"2. — by abduction, or"
+"3. — by practising fraud, or deception, or"
+"4. �� by abuse of power, or"
+"lhytxiS .— by inducement, including the giving or receiving of payments or"
+"benefits, in order to achieve the consent of any person having control over the"
+"person recruited, transported, harboured, transferred or received, commits"
+the offence of trafficking.
+1n iolnpxEtaa .— The expression “exploitation” shall include any act of
+"physical exploitation or any form of sexual exploitation, slavery or practices"
+"similar to slavery, servitude, or the forced removal of organs"
+2n iolnpxEtaa .— The consent of the victim is immaterial in determination of
+the offence of trafficking.
+(2 ) Whoever commits the offence of trafficking shall be punished with
+"rigorous imprisonment for a term which shall not be less than seven years, but"
+"which may extend to ten years, and shall also be liable to fine."
+"(3 ) Where the offence involves the trafficking of more than one person, it shall"
+be punishable with rigorous imprisonment for a term which shall not be less
+"than ten years but which may extend to imprisonment for life, and shall also"
+be liable to fine.
+"(4 ) Where the offence involves the trafficking of a minor, it shall be"
+punishable with rigorous imprisonment for a term which shall not be less than
+"ten years, but which may extend to imprisonment for life, and shall also be"
+liable to fine.
+"(5 ) Where the offence involves the trafficking of more than one minor, it shall"
+be punishable with rigorous imprisonment for a term which shall not be less
+"than fourteen years, but which may extend to imprisonment 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 such person shall be punished with imprisonment for life,"
+which shall mean imprisonment for the remainder of that 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, such public servant or police officer shall be punished with"
+"imprisonment for life, which shall mean imprisonment for the remainder of"
+"that person’s natural life, and shall also be liable to fine."
+"370A. (1 ) Whoever, knowingly or having reason to believe that a minor has"
+"been trafficked, engages such minor for sexual exploitation in any manner,"
+shall be punished with rigorous imprisonment for a term which shall not be
+"less than five years, but which may extend to seven years, and shall also be"
+liable to fine.
+"(2 ) Whoever, knowingly by or having reason to believe that a person has been"
+"trafficked, engages such person for sexual exploitation in any manner, shall be"
+punished with rigorous imprisonment for a term which shall not be less than
+"three years, but which may extend to five years, and shall also be liable to"
+fine.]
+"1. Inserted by Section 8 of ‘The Criminal Law (Amendment) Act, 2013′"
+Section 371. Habitual dealing in slaves
+"Whoever habitually imports, exports, removes, buys, sells, traffics or deals in"
+"slaves, shall be punished with [imprisonment for life] or with imprisonment"
+1
+"of either description for a term not exceeding the years, and shall also be liable"
+to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years, and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 372. Selling minor for purposes of prostitution, etc."
+"Whoever sells, lets to hire, or otherwise disposes of any [person under the age"
+1
+of eighteen years with intent that such person shall at any age be employed or
+used for the purpose of prostitution or illicit intercourse with any person or for
+"any unlawful and immoral purpose, or knowing it to be likely that such person"
+"will at any age be] employed or used for any such purpose, shall be punished"
+with imprisonment of either description for a term which may extend to ten
+"years, and shall be liable to fine."
+[Explanation I
+2
+"When a female under the age of eighteen years sold, let for hire, or otherwise"
+"disposed of to a prostitute or to any person who keeps or manages a brothel,"
+"the person so disposing of such female shall, until the contrary is proved, be"
+presumed to have disposed of her with the intent that she shall be used for the
+purpose of prostitution.
+Explanation II
+For the purposes of this section “illicit intercourse” means sexual intercourse
+"between persons not united by marriage or by any union or tie which, though"
+"not amounting to a marriage, is recognised by the personal law or custom of"
+"the community to which they belong or, where they belong to different"
+"communities, of both such communities, as constituting between them a quasi"
+-marital relation].
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 18 of 1924, sec. 2, for certain words."
+"2. Ins. by Act 18 of 1924, sec. 3."
+"Section 373. Buying minor for purposes of prostitution, etc."
+"Whoever buys, hires or otherwise obtains possession of any [person under the"
+1
+age of eighteen years with intent that such person shall at any age be employed
+or used for the purpose of prostitution or illicit intercourse with any person or
+"for any unlawful and immoral purpose, of knowing it to be likely that such"
+"person will at any age be] employed or used for any purpose, shall be punished"
+with imprisonment of either description for a term which may extend to ten
+"years, and shall also be liable to fine."
+[Explanation I
+2
+"Any prostitute or any person keeping or managing a brothel, who buys, hires"
+or otherwise obtains possession of a female under the age of eighteen years
+"shall, until the contrary is proved, be presumed to have obtained possession of"
+such female with the intent that she shall be used for the purpose of
+prostitution.
+Explanation II
+“Illicit intercourse” has the same meaning as in section 372.]
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+–
+"1. Subs. by Act 18 of 1924, sec. 2, for certain words."
+"2. Ins. by Act 18 of 1924, sec. 4."
+Section 374. Unlawful compulsory labour
+Whoever unlawfully compels any person to labour against the will of that
+"person, shall be punished with imprisonment of either description for a term"
+"which may extend to one year, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable"
+—Triable by any Magistrate—Non-compoundable.
+Section 375. Rape
+1[375. 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 makes her 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, the urethra 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 or any other person, under the circumstances falling under any"
+of the following seven descriptions:
+1. —Against her will.
+2. —Without her consent.
+"3. —With her consent, when her consent has been obtained by putting her or any person in whom she is"
+"interested, in fear of death or of hurt."
+"4. —With her consent, when the man knows that he is not her husband and that her consent is given because"
+she believes that he is another man to whom she is or believes herself to be lawfully married.
+"5. —With her consent when, at the time of giving such consent, by reason of unsoundness of mind or"
+intoxication or the administration by him personally or through another of any stupefying or unwholesome
+"substance, she is unable to understand the nature and consequences of that to which she gives consent."
+"6. —With or without her consent, when she is under eighteen years of age."
+hlynteveS .—When she is unable to communicate consent.
+"1n iolnpxEtaa .—For the purposes of this section, “vagina” shall also"
+include arljomai baa .
+2n iolnpxEtaa .—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 in the specific sexual"
+act:
+Provided that a woman who does not physically resist to the act of penetration
+"shall not by the reason only of that fact, be regarded as consenting to the"
+sexual activity.
+n 1iotpecxE .—A medical procedure or intervention shall not constitute rape.
+"n 2iotpecxE .—Sexual intercourse or sexual acts by a man with his own wife,"
+"the wife not being under fifteen years of age, is not rape.]"
+–
+"1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′"
+Section 376. Punishment for rape
+"[376. (1 ) Whoever, except in the cases provided for in sub-section (2 ),"
+1
+"commits rape, shall be punished with rigorous imprisonment of either"
+"description for a term which shall not be less than seven years, but which may"
+"extend to imprisonment for life, and shall also be liable to fine."
+"(2 ) Whoever,"
+"(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 subordinate to such police officer; or
+"(b ) being a public servant, commits rape on a woman in such public servant’s"
+custody or in the custody 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 Government commits rape in such area; or
+"(d ) being on the management or on the staff of a jail, remand home or other"
+place of custody established by or under any law for the time being in force or
+"of a 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 the woman, 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; or
+(i ) commits rape on a woman when she is under sixteen years of age;
+Or
+"(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 the life 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"
+"which may extend to imprisonment for life, which shall mean imprisonment"
+"for the remainder of that person’s natural life, and shall also be liable to fine."
+"niolnpxEtaa .—For the purposes of this sub-section,"
+"(a ) “armed forces” means the naval, military and air forces and includes any"
+member of the Armed Forces constituted under any law for the time being in
+"force, including the paramilitary forces and any auxiliary 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 for the reception and treatment of persons during
+convalescence or of persons requiring medical attention or rehabilitation;
+(c ) “police officer” shall have the same meaning as assigned to the expression
+"“police” under the Police Act, 1861;"
+"(d ) “women’s or children’s institution” means an institution, whether called an"
+orphanage or a home for neglected women or children or a widow’s home or
+"an institution called by any other name, which is established and maintained"
+for the reception and care of women or children.]
+–
+"1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′."
+Section 376A. Intercourse by a man with his wife during separation
+"[376A. Whoever, commits an offence punishable under sub-section (1 ) or"
+1
+subsection
+(2 ) of section 376 and in the course of such commission inflicts an injury
+which causes the death of the woman or causes the woman to be in a
+"persistent vegetative state, shall be punished with rigorous imprisonment for a"
+"term which shall not be less than twenty years, but which may extend to"
+"imprisonment for life, which shall mean imprisonment for the remainder of"
+"that person’s natural life, or with death.]"
+—–
+"1.Inserted by Section 376A of ‘The Criminal Law (Amendment) Act, 2013′."
+Section 376B. Intercourse by public servant with woman is his custody
+"1[376B. Whoever has sexual intercourse 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 not be less than two years but which may extend to seven years,"
+and shall also be liable to fine.
+"1. —In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a ) to (d ) of section"
+375.]
+—–
+"1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′."
+"Section 376C. Intercourse by superintendent of jail, remand home, etc."
+"[376C. Whoever, being"
+1
+(a ) in a position of authority or in a fiduciary relationship; or
+(b ) a public servant; or
+"(c ) superintendent or manager of a jail, remand home or other place of"
+"custody established by or under any law for the time being in force, or 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 under his charge or present in the premises to have sexual
+"intercourse with him, such sexual intercourse not amounting to the offence of"
+"rape, shall be punished with rigorous imprisonment of either description for a"
+"term which shall not be less than five years, but which may extend to ten"
+"years, and shall also be liable to fine."
+"1n iolnpxEtaa .—In this section, “sexual intercourse” shall mean any of the"
+acts mentioned in clauses (a ) to (d ) of section 375.
+"2n iolnpxEtaa . —For the purposes of this section, n 1oilnpxEata to section"
+375 shall also be applicable.
+"3n iolnpxEtaa .—”Superintendent”, in relation to a jail, remand home or other"
+"place of custody or a women’s or children’s institution, includes a person"
+"holding any other office in such jail, remand home, place or institution by"
+virtue of which such person can exercise any authority or control over its
+inmates.
+4n iolnpxEtaa .—The expressions “hospital” and “women’s or children’s
+institution” shall respectively have the same meaning as in niolnpxEtaa to
+sub-section (2 ) of section 376.]
+—–
+"1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′."
+Section 376D. Intercourse by any member of the management or staff of a hospital with
+any woman in that hospital
+[376D. Where a woman is raped by one or more persons constituting a group
+1
+"or acting in furtherance of a common intention, each of those persons shall be"
+deemed to have committed the offence of rape and shall be punished with
+"rigorous imprisonment for a term which shall not be less than twenty years,"
+but which may extend to life which shall mean imprisonment for the
+"remainder of that person’s natural life, and with"
+fine:
+Provided that such fine shall be just and reasonable to meet the medical
+expenses and rehabilitation of the victim:
+Provided further that any fine imposed under this section shall be paid to the
+victim.]
+—–
+"1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′."
+1[376E. Whoever has been previously convicted of an offence punishable
+under section 376 or section 376A or section 376D and is subsequently
+convicted of an offence punishable under any of the said sections shall be
+punished with imprisonment for life which shall mean imprisonment for the
+"remainder of that person’s natural life, or with death.’]"
+"1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′."
+Section 377. Unnatural offences
+Whoever voluntarily has carnal intercourse against the order of nature with
+"any man, woman or animal, shall be punished with [imprisonment for life], or"
+1
+with imprisonment of either description for term which may extend to ten
+"years, and shall also be liable to fine."
+Explanation
+Penetration is sufficient to constitute the carnal intercourse necessary to the
+offence described in this section.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 378. Theft
+"Whoever, intending to take dishonestly any moveable property out of the"
+"possession of any person without that person’s consent, moves that property"
+"in order to such taking, is said to commit theft."
+Explanation 1
+"A thing so long as it is attached to the earth, not being movable property, is"
+not the subject of theft; but it becomes capable of being the subject of theft as
+soon as it is severed from the earth.
+Explanation 2
+A moving effected by the same act which affects the severance may be a theft.
+Explanation 3
+A person is said to cause a thing to move by removing an obstacle which
+"prevented it from moving or by separating it from any other thing, as well as"
+by actually moving it.
+Explanation 4
+"A person, who by any means causes an animal to move, is said to move that"
+"animal, and to move everything which, in consequence of the motion so"
+"caused, is moved by that animal."
+Explanation 5
+"The consent mentioned in the definition may be express or implied, and may"
+"be given either by the person in possession, or by any person having for that"
+purpose authority either express or implied.
+Illustrations
+"(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking"
+"the tree out of Z’s possession without Z’s consent. Here, as soon as A has"
+"severed the tree in order to such taking, he has committed theft."
+"(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it."
+"Here, if A’s intention be dishonestly to take the dog out of Z’s possession"
+without Z’s consent. A has committed theft as soon as Z’s dog has begun to
+follow A.
+(c) A meets a bullock carrying a box of treasure. He drives the bullock in a
+"certain direction, in order that he may dishonestly take the treasure. As soon"
+"as the bullock begins to move, A has committed theft of the treasure."
+"(d) A, being Z’s servant, and entrusted by Z with the care of Z’s plate,"
+"dishonestly runs away with the plate, without Z’s consent. A has committed"
+theft.
+"(e) Z, going on a journey, entrusts his plate to A, the keeper of the warehouse,"
+till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate
+"was not in Z’s possession. It could not therefore be taken out of Z’s possession,"
+"and A has not committed theft, though he may have committed criminal"
+breach of trust.
+(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here
+"the ring is in Z’s possession, and if A dishonestly removes it, A commits theft."
+"(g) A finds a ring lying on the highroad, not in the possession of any person. A"
+"by taking it, commits no theft, though he may commit criminal"
+misappropriation of property.
+(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to
+"misappropriate the ring immediately for fear of search and detection, A hides"
+"the ring in a place where it is highly improbable that it will ever be found by Z,"
+with the intention of taking the ring from the hiding place and selling it when
+"the loss is forgotten. Here A, at the time of first moving the ring, commits"
+theft.
+"(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop."
+"A, not owing to the jeweller any debt for which the jeweller might lawfully"
+"detain the watch as a security, enters the shop openly, takes his watch by force"
+"out of Z’s hand, and carries it away. Here A, though he may have committed"
+"criminal trespass and assault, has not committed theft, in as much as what he"
+did was not done dishonestly.
+"(j) If A owes money to Z for repairing the watch, and if Z retains the watch"
+"lawfully as a security for the debt, and A takes the watch out of Z’s possession,"
+"with the intention of depriving Z of the property as a security for his debt, he"
+"commits theft, in as much as he takes it dishonestly."
+"(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession"
+"without Z’s consent, not having paid what he borrowed on the watch, he"
+"commits theft, though the watch is his own property in as much as he takes it"
+dishonestly.
+"(l) A takes an article belonging to Z out of Z’s possession, without Z’s consent,"
+with the intention of keeping it until he obtains money from Z as a reward for
+its restoration. Here A takes dishonestly; A has therefore committed theft.
+"(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and"
+takes away a book without Z’s express consent for the purpose merely of
+"reading it, and with the intention of returning it. Here, it is probable that A"
+may have conceived that he had Z’s implied consent to use Z’s book. If this was
+"A’s impression, A has not committed theft."
+"(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A"
+knows to belong to Z her husband. Here it is probable that A may conceive
+"that Z’s wife is authorised to give away alms. If this was A’s impression, A has"
+not committed theft.
+"(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows"
+"to belong to her husband Z, and to be such property as she has no authority"
+"from Z to give. If A takes the property dishonestly, he commits theft."
+"(p) A, in good faith, believing property belonging to Z to be A’s own property,"
+"takes that property out of B’s possession. Here, as A does not take dishonestly,"
+he does not commit theft.
+Section 379. Punishment for theft
+Whoever commits theft shall be punished with imprisonment of either
+"description for a term which may extend to three years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Compoundable by the owner of the
+property stolen with the permission of the court.
+"Section 380. Theft in dwelling house, etc"
+"Whoever commits theft in any building, tent or vessel, which building, tent or"
+"vessel is used as a human dwelling, or used for the custody of property, shall"
+be punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by any Magistrate—Non-compoundable.
+STATE AMENDMENT
+Tamil Nadu
+Section 380 shall be renumbered as sub-section (1) of that section and after
+"sub-section (1) as so renumbered, the following sub-section shall be added,"
+namely:
+“(2) Whoever commits theft in respect of any idol or icon in any building used
+as a place of worship shall be punished with rigorous imprisonment for a term
+which shall not be less than two years but which may extend to three years and
+with fine which shall not be less than two thousand rupees:
+"Provided that the court may, for adequate and special reasons to be mentioned"
+in the judgment impose a sentence of imprisonment for a term of less than
+two years.”
+"[Vide Tamil Nadu Act 28 of 1993, sec. 2 (w.e.f. 13-7-1993)].Section 381. Theft by clerk or servant of"
+property in possession of master
+"Whoever, being a clerk or servant, or being employed in the capacity of a clerk"
+"or servant, commits theft in respect of any property in the possession of his"
+"master or employer, shall be punished with imprisonment of either"
+"description for a term which may extend to seven years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by any Magistrate—Compounded by the owner of the property stolen
+with the permission of the court.
+"Section 382. Theft after preparation made for causing death, hurt or restraint in order to"
+the committing of the theft
+"Whoever commits theft, having made preparation for causing death, or hurt,"
+"or restrain, or fear of death, or of hurt, or of restraint, to any person, in order"
+"to the committing of such theft, or in order to the effecting of his escape after"
+"the committing of such theft, or in order to the retaining of property taken by"
+"such theft, shall be punished with rigorous imprisonment for a term which"
+"may extend to ten years, and shall also be liable to fine."
+Illustrations
+"(a) A commits theft on property in Z’s possession; and, while committing this"
+"theft, he has a loaded pistol under his garment, having provided this pistol for"
+the purpose of hurting Z in case Z should resist. A has committed the offence
+defined in this section.
+"(b) A picks Z’s pocket, having posted several of his companions near him, in"
+"order that they may restrain Z, if Z should perceive what is passing and should"
+"resist, or should attempt to apprehend A. A has committed the offence defined"
+in this section
+CLASSIFICATION OF OFFENCE
+Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—
+Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 383. Extortion
+"Whoever intentionally puts any person in fear of any injury to that person, or"
+"to any other, and thereby dishonestly induces the person so put in fear to"
+"deliver to any property or valuable security, or anything signed or sealed"
+"which may be converted into a valuable security, commits “extortion”."
+Illustrations
+(a) A threatens to publish a defamatory libel concerning Z unless Z give him
+money. He thus induces Z to give him money. A has committed extortion.
+"(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z"
+will sign and deliver to A promissory note binding Z to pay certain monies to
+A. Z signs and delivers the note. A has committed extortion.
+(c) A threatens to send club-men to plough up Z’s field unless Z will sign and
+"deliver to B bond binding Z under a penalty to deliver certain produce to B,"
+and thereby induces Z to sing and deliver the bond. A has committed
+extortion.
+"(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or"
+affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper
+"to A. Here, as the paper so signed may be converted into a valuable security. A"
+has committed extortion.
+Section 384. Punishment for extortion
+Whoever commits extortion shall be punished with imprisonment of either
+"description for a term which may extend to three years, or with fine or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Non-compoundable.
+Section 385. Putting person in fear of injury in order to commit extortion
+"Whoever, in order to the committing of extortion, puts any person in fear, or"
+"attempts to put any person in fear, of any injury, shall be punished with"
+"imprisonment of either description for a term which may extend to two years,"
+"or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 386. Extortion by putting a person in fear of death or grievous hurt
+Whoever commits extortion by putting any person in fear of death or of
+"grievous hurt o that person or to any other, shall be punished with"
+"imprisonment of either description for a term which may extend to ten years,"
+and shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+"Section 387. Putting person in fear of death or of grievous hurt, in order to commit"
+extortion
+"Whoever, in order to the committing of extortion, puts or attempts to put any"
+"person in fear of death or of grievous hurt to that person or to any other, shall"
+be punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 388. Extortion by threat of accusation of an offence punishable with death or
+"imprisonment for life, etc."
+Whoever commits extortion by putting any person in fear of an accusation
+"against that person or any other, of having committed or attempted to commit"
+"any offence punishable with death, or with [imprisonment for life], or with"
+1
+imprisonment for a term which may extend to ten years or of having
+"attempted to induce any other person to commit such offence, shall be"
+punished with imprisonment of either description for a term which may
+"extend to ten years, and shall also be liable to fine; and, if the offence be one"
+"punishable under section 377 of this Code, may be punished with [imprison-"
+1
+ment for life].
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 389. Putting person in fear of accusation of offence, in order to commit extortion"
+"Whoever, in order to the committing of extortion, puts or attempts to put any"
+"person in fear of an accusation, against that person or any other, of having"
+"committed, or attempted to commit an offence punished with death or"
+"with [imprisonment for life], or with imprisonment for a term which may"
+1
+"extend to ten years, shall be punished with imprisonment of either description"
+"for term which may extend to ten years, and shall also be liable to fine; and, if"
+"the offence be punished under section 377 of this Code, may be punished"
+with [imprisonment for life].
+1
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for life—Cognizable—Bailable—Triable by
+Magistrate of the first class—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 390. Robbery
+In all robbery there is either theft or extortion.
+"When theft is robbery.—Theft is “robbery” if, in order to the committing of"
+"the theft, or in committing the theft, or in carrying away or attempting to carry"
+"away property obtained by the theft, the offender, for that end, voluntarily"
+"causes or attempts to cause to any person death or hurt or wrongful restraint,"
+"or fear of instant death or of instant hurt, or of instant wrongful restraint."
+"When extortion is robbery.—Extortion is “robbery” if the offender, at the"
+"time of committing the extortion, is in the presence of the person put in fear,"
+"and commits the extortion by putting that person in fear of instant death, of"
+"instant hurt, or of instant wrongful restraint to that person or to some other"
+"person, and, by so putting in fear, induces the person so put in fear then and"
+there to deliver up the thing extorted.
+Explanation
+The offender is said to be present if he is sufficiently near to put the other
+"person in fear of instant death, of instant hurt, or of instant wrongful restraint."
+Illustrations
+(a) A holds Z down and fraudulently takes Z’s money and jewels from Z’s
+"clothes without Z’s consent. Here A has committed theft, and in order to the"
+"committing of that theft, has voluntarily caused wrongful restraint to Z. A has"
+therefore committed robbery.
+"(b) A meets Z on the high roads, shows a pistol, and demands Z’s purse. Z in"
+"consequence, surrenders his purse. Here A has extorted the purse from Z by"
+"putting him in fear of instant hurt, and being at the time of committing the"
+extortion in his presence. A has therefore committed robbery.
+(c) A meets Z and Z’s child on the high road. A takes the child and threatens to
+"fling it down a precipice, unless Z delivers his purse. Z, in consequence"
+"delivers his purse. Here A has extorted the purse from Z, by causing Z to be in"
+fear of instant hurt to the child who is there present. A has therefore
+committed robbery on Z.
+(d) A obtains property from Z by saying—“Your child is in the hands of my
+"gang, and will be put to death unless you send us ten thousand rupees”. This is"
+"extortion, and punishable as such; but it is not robbery, unless Z is put in fear"
+of the instant death of his child.
+Section 391. Dacoity
+"When five or more persons conjointly commit or attempt to commit a robbery,"
+or where the whole number of persons conjointly committing or attempting to
+"commit a robbery, and persons present and aiding such commission or"
+"attempt, amount to five or more, every person so committing, attempting or"
+"aiding, is said to commit “dacoity”."
+Section 392. Punishment for robbery
+Whoever commits robbery shall be punished with rigorous imprisonment for a
+"term which may extend to ten years, and shall also be liable to fine; and, if the"
+"robbery be committed on the highway between sunset and sunrise, the"
+imprisonment may be extended to fourteen years.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—
+Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
+Para II
+"Punishment—Rigorous imprisonment for 14 years, and fine—Cognizable—"
+Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 393. Attempt to commit robbery
+Whoever attempts to commit robbery shall be punished with rigorous
+"imprisonment for a term which may extend to seven years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-
+bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 394. Voluntarily causing hurt in committing robbery
+"If any person, in committing or in attempting to commit robbery, voluntarily"
+"causes hurt, such person, and any other person jointly concerned in"
+"committing or attempting to commit such robbery, shall be punished"
+"with [imprisonment for life], or with rigorous imprisonment for a term which"
+1
+"may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or rigorous imprisonment for 10 years"
+and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—
+Non-compoundable.
+Section 395. Punishment for dacoity
+"Whoever commits dacoity shall be punished with [imprisonment for life], or"
+1
+"with rigorous imprisonment for a term which may extend to ten years, and"
+shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or rigorous imprisonment for 10 years"
+and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life”"
+(w.e.f.1-1-1956).
+Section 396. Dacoity with murder
+"If any one of five or more persons, who are conjointly committing dacoity,"
+"commits murder in so committing dacoity, every one of those persons shall be"
+"punished with death, or [imprisonment for life], or rigorous imprisonment for"
+1
+"term which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Death, imprisonment for life, or rigorous imprisonment for 10"
+years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt"
+"If, at the time of committing robbery or dacoity, the offender uses any deadly"
+"weapon, or causes grievous hurt to any person, or attempts to cause death or"
+"grievous hurt to any person, the imprisonment with which such offender shall"
+be punished shall not be less than seven years.
+CLASSIFICATION OF OFFENCE
+Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—
+Non-bailable—Triable by Court of Session—Non-compoundable.
+Section 398. Attempt to commit robbery or dacoity when armed with deadly weapon
+"If, at the time of attempting to commit robbery or dacoity, the offender armed"
+"with any deadly weapon, the imprisonment with which such offender shall be"
+punished shall not be less than seven years.
+CLASSIFICATION OF OFFENCE
+Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—
+Non-bailable—Triable by Court of Session—Non-compoundable.
+Section 399. Making preparation to commit dacoity
+"Whoever makes, any preparation for committing dacoity, shall be punished"
+"with rigorous imprisonment for a term which may extend to ten years, and"
+shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—
+Non-bailable—Triable by Court of Session—Non-compoundable.
+Section 400. Punishment for belonging to gang of dacoits
+"Whoever, at any time after the passing of this Act, shall belong to a gang of"
+"persons associated for the purpose of habitually committing dacoity, shall be"
+"punished with [imprisonment for life], or with rigorous imprisonment for a"
+1
+"term which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or rigorous imprisonment for 10 years"
+and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 401. Punishment for belonging to gang of thieves
+"Whoever, at any time after the passing of this Act, shall belong to any"
+wandering or other gang of persons associated for the purpose of habitually
+"committing theft or robbery, and not being a gang of thugs or dacoits, shall be"
+punished with rigorous imprisonment for a term which may extend to seven
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-
+bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 402. Assembling for purpose of committing dacoity
+"Whoever, at any time after the passing of this Act, shall be one of five or more"
+"persons assembled for the purpose of committing dacoity, shall be punished"
+"with rigorous imprisonment for a term which may extend to seven years, and"
+shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-
+bailable—Triable by Court of Session—Non-compoundable.
+Section 403. Dishonest misappropriation of property
+Whoever dishonestly mis-appropriates or converts to his own use any movable
+"property, shall be punished with imprisonment of either description for a term"
+"which may extend to two years, or with fine, or with both."
+Illustrations
+"(a) A takes property belonging to Z out of Z’s possession, in good faith,"
+"believing, at any time when he takes it, that the property belongs to himself. A"
+"is not guilty of theft; but if A, after discovering his mistake, dishonestly"
+"appropriates the property to his own use, he is guilty of an offence under this"
+section.
+"(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and"
+"takes away a book without Z’s express consent. Here, if A was under the"
+impression that he had Z’s implied consent to take the book for the purpose of
+"reading it, A has not committed theft. But, if A afterwards sells the book for his"
+"own benefit, he is guilty of an offence under this section."
+"(c) A and B, being joint owners of a horse, A takes the horse out of B’s"
+"possession, intending to use it. Here, as A has a right to use the horse, he does"
+"not dishonestly misappropriate it. But, if A sells the horse and appropriates"
+"the whole proceeds to his own use, he is guilty of an offence under this section."
+Explanation I
+A dishonest misappropriation for a time only is a misappropriation with the
+meaning of this section.
+Illustration
+"A finds a Government promissory note belonging to Z, bearing a blank"
+"endorsement. A, knowing that the note belongs to Z, pledges it with a banker"
+"as a security for a loan, intending at a future time to restore it to Z. A has"
+committed an offence under this section.
+Explanation 2
+"A person who finds property not in the possession of any other person, and"
+"takes such property for the purpose of protecting if for, or of restoring it to, the"
+"owner does not take or misappropriate it dishonestly, and is not guilty of an"
+"offence; but he is guilty of the offence above defined, if he appropriates it to"
+"his own use, when he knows or has the means of discovering the owner, or"
+before he has used reasonable means to discover and give notice to the owner
+and has kept the property a reasonable time to enable the owner to claim it.
+"What are reasonable means or what is a reasonable time in such a case, is a"
+question of fact.
+It is not necessary that the finder should know who is the owner of the
+"property, or that any particular person is the owner of it; it is sufficient if, at"
+"the time of appropriating it, he does not believe it to be his own property, or in"
+good faith believe that the real owner cannot be found.
+Illustrations
+"(a) A finds a rupee on the high road, not knowing to whom the rupee belongs."
+A picks up the rupee. Here A has not committed the offence defined in this
+section.
+"(b) A finds a letter on the road, containing a bank note. From the direction and"
+contents of the letter he learns to whom the note belongs. He appropriates the
+note. He is guilty of an offence under this section.
+(c) A finds a cheque payable to bearer. He can form no conjecture as to the
+"person who has lost the cheque. But the name of the person, who has drawn"
+"the cheque, appears. A knows that this person can direct him to the person in"
+whose favour the cheque was drawn. A appropriates the cheque without
+attempting to discover the owner. He is guilty of an offence under this section.
+(d) A sees Z drop his purse with money in it. A picks up the purse with the
+"intention of restoring it to Z, but afterwards appropriates it to his own use. A"
+has committed an offence under this section.
+"(e) A finds a purse with money, not knowing to whom it belongs; he"
+"afterwards discovers that it belongs to Z, and appropriates it to his own use. A"
+is guilty of an offence under this section.
+"(f) A finds a valuable ring, not knowing to whom it belongs. A sells it"
+immediately without attempting to discover the owner. A is guilty of an
+offence under this section.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the owner of the
+property misappropriated with the permission of the court.
+Section 404. Dishonest misappropriation of property possessed by deceased person at
+the time of his death
+"Whoever dishonestly misappropriates or converts to his own use property,"
+knowing that such property was in the possession of a deceased person at the
+"time of that person’s decease, and has not since been in the possession of any"
+"person legally entitled to such possession, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine; and if the offender at the time of such"
+"person’s decease was employed by him as a clerk or servant, the imprisonment"
+may extend to seven years.
+Illustration
+"Z dies in possession of furniture and money. His servant A, before the money"
+"comes into the possession of any person entitled to such possession,"
+dishonestly misappropriates it. A has committed the offence defined in this
+section.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Non-Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+If by clerk or person employed by deceased:
+Punishment—Imprisonment for 7 years and fine—Non-Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 405. Criminal breach of trust
+"Whoever, being in any manner entrusted with property, or with any dominion"
+"over property, dishonestly misappropriates or converts to his own use that"
+"property, or dishonestly uses or disposes of that property in violation of any"
+"direction of law prescribing the mode in which such trust is to be discharged,"
+"or of any legal contract, express or implied, which he has made touching the"
+"discharge of such trust, or willfully suffers any other person so to do, commits"
+“criminal breach of trust”.
+[Explanation [1]
+1 2
+"A person, being an employer [of an establishment whether exempted under"
+3
+section 17 of the Employees’ Provident funds and Miscellaneous Provisions
+"Act, 1952 (19 of 1952), or not] who deducts the employee’s contribution from"
+the wages payable to the employee for credit to a Provident Fund or Family
+"Pension Fund established by any law for the time being in force, shall be"
+deemed to have been entrusted with the amount of the contribution so
+deducted by him and if he makes default in the payment of such contribution
+"to said Fund in violation of the said law, shall be deemed to have dishonestly"
+used the amount of the said contribution in violation of a direction of law as
+aforesaid.]
+[Explanation 2
+4
+"A person, being an employer, who deducts the employees’ contribution from"
+the wages payable to the employee for credit to the Employees’ State
+Insurance Fund held and administered by the Employees’ State Insurance
+"Corporation established under the Employees’ State Insurance Act, 1948 (34"
+"of 1948), shall be deemed to have been entrusted with the amount of the"
+contribution so deducted by him and if he makes default in the payment of
+"such contribution to the said Fund in violation of the said Act, shall be deemed"
+to have dishonestly used the amount of the said contribution in violation of a
+direction of law as aforesaid.]
+Illustrations
+"(a) A, being executor to the will of a deceased person, dishonestly disobeys the"
+"law which directs him to divide the effects according to the will, and"
+appropriate them to his own use. A has committed criminal breach of trust.
+"(b) A is a warehouse-keeper. Z gong on a Journey, entrusts his furniture to A,"
+under a contract that it shall be returned on payment of a stipulated sum for
+warehouse room. A dishonestly sells the goods. A has committed criminal
+breach of trust.
+"(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express"
+"or implied contract between A and Z, that all sums remitted by Z to A shall be"
+"invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with"
+directions to A to invest the same in Company’s paper. A dishonestly disobeys
+the direction and employs the money in his own business. A has committed
+criminal breach of trust.
+"(d) But if A, in the last illustration, not dishonestly but in good faith, believing"
+"that it will be more for Z’s advantage to hold shares in the Bank of Bengal,"
+"disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead"
+"of buying Company’s paper, here, though Z should suffer loss, and should be"
+"entitled to bring a civil action against A, on account of that loss, yet A, not"
+"having acted dishonestly, has not committed criminal breach of trust."
+"(e) A, a revenue-officer, is entrusted with public money and is either directed"
+"by law, or bound by a contract, express or implied, with the Government, to"
+pay into a certain treasury all the public money which he holds. A dishonestly
+appropriates the money. A has committed criminal breach of trust.
+"(f) A, a carrier, is entrusted by Z with Property to be carried by land or by"
+water. A dishonestly misappropriates the property. A has committed criminal
+breach of trust.
+"1. Ins. by Act 40 of 1973, sec. 9 (w.e.f. 1-11-1973)."
+"2. Explanation renumbered as Explanation 1 by Act 38 of 1975, sec. 9 (w.e.f. 1-"
+9-1975).
+"3. Ins. by Act 33 of 1988, sec. 27 (w.e.f. 1-8-1988)."
+"4.Ins. by Act 38 of 1975, sec. 9 (w.e.f. 1-9-1975)."
+Section 406. Punishment for criminal breach of trust
+Whoever commits criminal breach of trust shall be punished with
+imprisonment of either description for a term which may extend to three
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-"
+bailable—Triable by Magistrate of the first class—Compoundable by the owner
+"of the property in respect of which breach of trust has been committed, with"
+the permission of the court.
+"Section 407. Criminal breach of trust by carrier, etc."
+"Whoever, being entrusted with property as a carrier, wharfinger or"
+"warehouse-keeper, commits criminal breach of trust in respect of such"
+"property, shall be punished with imprisonment of either description for a term"
+"which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Compoundable by the owner of the
+property in respect of which the breach of trust has been committed with the
+permission of the court.
+Section 408. Criminal breach of trust by clerk or servant
+"Whoever, being a clerk or servant or employed as a clerk or servant, and being"
+"in any manner entrusted in such capacity with property, or with any dominion"
+"over property, commits criminal breach of trust in respect of that property,"
+shall be punished with imprisonment of either description for a term which
+"may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Compounded by the owner of the
+property in respect of which the breach of trust has been committed with the
+permission of the court.
+"Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent"
+"Whoever, being in any manner entrusted with property, or with any dominion"
+over property in his capacity of a public servant or in the way of his business
+"as a banker, merchant, factor, broker, attorney or agent, commits breach of"
+"trust in respect of that property, shall be punished with [imprisonment for"
+1
+"life], or with imprisonment of either description for a term which may extend"
+"to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 410. Stolen Property
+"Property, the possession whereof has been transferred by theft, or by"
+"extortion, or by robbery, and property which has been criminally"
+misappropriated or in respect of which [***] criminal breach of trust has been
+1
+"committed, is designed as “stolen property”, [whether the transfer has been"
+2
+"made, or the misappropriation or breach of trust has been committed, within"
+"or without [India]]. But, if such property subsequently comes into the"
+3
+"possession of a person legally entitled to the possession thereof, it then ceases"
+to be stolen property.
+—–
+"1. The words “the” and “offence of” rep. by Act 12 of 1891, sec. 2 and Sch. I and"
+"Act 8 of 1882, sec. 9, respectively."
+"2. Ins. by Act 8 of 1882, sec. 9."
+"3. The words “British India” have successively been subs. by the A.O. 1948, the"
+"A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above."
+Section 411. Dishonestly receiving stolen property
+"Whoever dishonestly receives or retains any stolen property, knowing or"
+"having reason to believe the same to be stolen property, shall be punished with"
+imprisonment of either description for a term which may extend to three
+"years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Compoundable by the owner of the
+property stolen with the permission of the court.
+STATE AMENDMENT
+Tamil Nadu:
+Section 411 shall be renumbered as sub-section (1) of that section and after
+"sub-section (1) as so renumbered, the following sub-section shall be added,"
+namely:
+“(2) Whoever dishonestly receives or retains any idol or icon stolen from any
+building used as a place of worship knowing or having reason to believe the
+"same to be stolen property shall, notwithstanding anything contained in sub-"
+"section (1), be punished with rigorous imprisonment which shall not be less"
+than two years but which shall not be less than two thousand rupees:
+"Provided that the court may, for adequate and special reasons to be mentioned"
+"in the judgment, impose a sentence of imprisonment for a term of less than"
+two years.”.
+"[Vide Tamil Nadu Act 28 of 1993, sec. 3 (w.e.f. 13-7-1993)]."
+Section 412. Dishonestly receiving property stolen in the commission of a dacoity
+"Whoever dishonestly receives or retains any stolen property, the possession"
+whereof he knows or has reason to believe to have been transferred by the
+"commission of dacoity, or dishonestly receives from a person, whom he knows"
+"or has reason to believe to belong or to have belonged to a gang of dacoity,"
+"property which he knows or has reason to believe to have been stolen, shall be"
+"punished with [imprisonment for life], or with rigorous imprisonment for a"
+1
+"term which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or rigorous imprisonment for 10 years"
+and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 413. Habitually dealing in stolen property
+Whoever habitually receives or deals in property which he knows or has
+"reason to believe to be stolen property, shall be punished with [imprisonment"
+1
+"for life], or with imprisonment of either description for a term which may"
+"extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 414. Assisting in concealment of stolen property
+Whoever voluntarily assists in concealing or disposing of or making away with
+"property which he knows or has reason to believe to be stolen property, shall"
+be punished with imprisonment of either description for a term which may
+"extend to three years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Compounded by the owner of the
+property stolen with the permission of the court.
+Section 415. Cheating
+"Whoever, by deceiving any person, fraudulently or dishonestly induces the"
+"person so deceived to deliver any property to any person, or to consent that"
+"any person shall retain any property, or intentionally induces the person so"
+deceived to do or omit to do anything which he would not do or omit if he
+"were not so deceived, and which act or omission causes or is likely to cause"
+"damage or harm to that person in body, mind, reputation or property, is said"
+to “cheat”.
+Explanation
+A dishonest concealment of facts is deception within the meaning of this
+section.
+Illustrations
+"(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z,"
+and thus dishonestly induces Z to let him have on credit goods for which he
+does not mean to pay. A cheats.
+"(b) A, by putting a counterfeit make on an article, intentionally deceives Z into"
+"a belief that this article was made by a certain celebrated manufacturer, and"
+thus dishonestly induces Z to buy and pay for the article. A cheats.
+"(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z"
+"into believer that the article corresponds with the sample, and thereby,"
+dishonestly induces Z to buy and pay for the article. A cheats.
+"(d) A, by tendering in payment for an article a bill on a house with which A"
+"keeps on money, and by which A expects that the will be dishonored,"
+"intentionally deceives Z, and thereby dishonestly induces Z to deliver the"
+"article, intending not to pay for it. A cheats."
+"(e) A, by pledging as diamonds article which he knows are not diamonds,"
+"intentionally deceives Z, and thereby dishonestly induces Z to lend money. A"
+cheats.
+(f) A intentionally deceives Z into a belief that A means to repay any money
+that Z may led to him and thereby dishonestly induces Z to lend him money. A
+not intending to repay it A cheats.
+(g) A intentionally deceives Z into a belief that A means to deliver to Z a
+certain quantity of indigo plant which he does not intend to deliver and
+thereby dishonestly induces Z to advance money upon the faith of such
+"deliver. A cheats; but if A, at the of obtaining the money, intends to deliver the"
+"indigo plant, and afterwards breaks his contract and does not deliver it, he"
+"does not cheat, but is liable only to a civil action for breach of contract."
+(h) A intentionally deceives Z into a belief that A has performed A’s part of a
+"contract made with Z, which he has not performed, and thereby dishonestly"
+induces Z to pay money. A cheats.
+"(i) A sells and coveys an estate to B.A, knowing that in consequence of such"
+"sale he has no right to the property, sells or mortgages the same to Z, without"
+"disclosing the fact of the previous sale and conveyance to B, and receives the"
+purchase or mortgage money for Z. A cheats.
+Section 416. Cheating by personation
+A person is said to “cheat by personation” if he cheats by pretending to be
+"some other person, or by knowingly substituting one person for another, or"
+representing that he or any other person is a person other than he or such
+other person really is.
+Explanation
+The offence is committed whether the individual personated is a real or
+imaginary person.
+Illustration
+(a) A cheats by pretending to be a certain rich banker of the same name. A
+cheats by personation.
+"(b) A cheats by pretending to be B, a person who is deceased. A cheats by"
+personation.
+Section 417. Punishment for cheating
+Whoever cheats shall be punished with imprisonment of either description for
+"a term which may extend to one year, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person cheated
+with the permission of the court.
+Section 418. Cheating with knowledge that wrongful loss may ensue to person whose
+interest offender is bound to protect
+Whoever cheats with the knowledge that he is likely thereby to cause wrongful
+"loss to a person whose interest in the transaction to which the cheating relates,"
+"he was bound, either by law, or by a legal contract, to protect, shall be"
+punished with imprisonment of either description for a term which may
+"extend to three years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person cheated
+with the permission of the court.
+Section 419. Punishment for cheating by personation
+Whoever cheats by personation shall be punished with imprisonment of either
+"description for a term which may extend to three years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person cheated
+with the permission of the court.
+Section 420. Cheating and dishonestly inducing delivery of property
+Whoever cheats and thereby dishonestly induces the person deceived any
+"property to any person, or to make, alter or destroy the whole or any part of a"
+"valuable security, or anything which is signed or sealed, and which is capable"
+"of being converted into a valuable security, shall be punished with"
+imprisonment of either description for a term which may extend to seven
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Compoundable by the person cheated
+with the permission of the court.
+Section 421. Dishonest or fraudulent removal or concealment of property to prevent
+distribution among creditors
+"Whoever dishonestly or fraudulently removes, conceals or delivers to any"
+"person, or transfer or causes to be transferred to any person, without adequate"
+"consideration, any property, intending thereby to prevent, or knowing it to be"
+"likely that he will thereby prevent, the distribution of that property according"
+"to law among his creditors or the creditors of any other person, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the creditor who are
+affected thereby with the permission of the court.
+Section 422. Dishonestly or fraudulently preventing debt being available for creditors
+Whoever dishonestly or fraudulently prevents any debt or demand due to
+himself or to any other person from being made available according to law for
+"payment of his debts or the debts of such other person, shall be punished with"
+"imprisonment of either description for a term which may extend to two years,"
+"or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the creditors who are
+affected thereby with the permission of the court.
+Section 423. Dishonest or fraudulent execution of deed of transfer containing false
+statement of consideration
+"Whoever dishonestly or fraudulently signs, executes or becomes a party to any"
+deed or instrument which purports to transfer or subjects to any charge any
+"property , or any interest therein, and which contains any false statement"
+"relating to the consideration for such transfer or charge, or relating to the"
+"person or persons for whose use or benefit it is really intended to operate,"
+shall be punished with imprisonment of either description for a term which
+"may extend to two years, or with fine , or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person affected
+thereby with the permission of the court.
+Section 424. Dishonest or fraudulent removal or concealment of property
+Whoever dishonestly or fraudulently conceals or removes any property of
+"himself or any other person, or dishonestly or fraudulently assists in the"
+"concealment or removal thereof, or dishonestly releases any demand or claim"
+"to which he is entitled, shall be punished with imprisonment of either"
+"description for a term which may extend to two years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person affected
+thereby with the permission of the court.
+Section 425. Mischief
+"Whoever with intent to cause, or knowing that he is likely to cause, wrongful"
+"loss or damage to the public or to any person, cause the destruction of any"
+"property, or any such change in any property or in the situation thereof as"
+"destroys or diminishes its value or utility, or affects it injuriously, commits"
+“mischief”.
+Explanation 1
+It is not essential to the offence of mischief that the offender should intend to
+cause loss or damage to the owner of the property injured or destroyed. It is
+"sufficient if he intends to cause, or knows that he is likely to cause, wrongful"
+"loss or damage to any person by injuring any property, whether it belongs to"
+that person or not.
+Explanation 2
+Mischief may be committed by an act affecting property belonging to the
+"person who commits the act, or to that person and others jointly."
+Illustrations
+(a) A voluntarily burns a valuable security belonging to Z intending to cause
+wrongful loss to Z. A has committed mischief.
+(b) A introduces water into an ice-house belonging to Z and thus causes the ice
+"to melt, intending wrongful loss to Z. A has committed mischief."
+"(c) A voluntarily throws into a river a ring belonging to Z, with the intention of"
+thereby causing wrongful loss to Z. A has committed mischief.
+"(d) A, knowing that his effects are about to be taken in execution in order to"
+"satisfy a debt due from him to Z, destroys those effects, with the intention of"
+"thereby preventing Z from obtaining satisfaction of the debt, and of thus"
+causing damage to Z. A has committed mischief.
+"(e) A, having insured a ship, voluntarily causes the same to be cast away, with"
+the intention of causing damage to the under-writers. A has committed
+mischief.
+"(f) A causes a ship to be cast away, intending thereby to cause damage to Z"
+who has lent money on bottomry on the ship. A has committed mischief.
+"(g) A, having joint property with Z in a horse, shoots the horse, intending"
+thereby to cause wrongful loss to Z. A has committed mischief.
+"(h) A causes cattle to enter upon a field belonging to Z, intending to cause and"
+knowing that he is likely to cause damage to Z’s crop. A has committed
+mischief.
+Section 426. Punished for mischief
+Whoever commits mischief shall be punished with imprisonment of either
+"description for a term which may extend to three months, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person to whom
+the loss or damage is caused.
+Section 427. Mischief causing damage to the amount of fifty rupees
+Whoever commits mischief and thereby causes loss or damage to the amount
+"of fifty rupees or upwards, shall be punished with imprisonment of either"
+"description for a term which may extend to two years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person to whom
+the loss or damage is caused.
+Section 428. Mischief by killing or maiming animal of the value of ten rupees
+"Whoever commits mischief by killing, poisoning, maiming or rendering"
+"useless any animal or animals of the value of ten rupees or upwards, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the owner of the
+animal with the permission of the court.
+"Section 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the"
+value of fifty rupees
+"Whoever commits mischief by killing, poisoning, maiming or rendering"
+"useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever"
+"may be the value thereof, or any other animal of the value of fifty rupees or"
+"upwards, shall be punished with imprisonment of either description for a term"
+"which may extend to five years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate of the first class—Compoundable by the
+owner of the cattle or animal with the permission of the court.
+Section 430. Mischief by injury to works of irrigation or by wrongfully diverting water
+"Whoever commits mischief by doing any act which causes, or which he knows"
+"to be likely to cause, a diminution of the supply of the water for agricultural"
+"purposes, or for food or drink for human beings or for animals which are"
+"property, or for cleanliness or for carrying on any manufacture, shall be"
+punished with imprisonment of either description far a term which may
+"extend to five years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Compoundable by the
+person to whom the loss or damage is caused with the permission of the court.
+"Section 431. Mischief by injury to public road, bridge, river or channel"
+Whoever commits mischief by doing any act which renders or which he knows
+"to be likely to render any public road, bridge, navigable river or navigable"
+"channel, natural or artificial, impassable or less safe for traveling or conveying"
+"property, shall be punished with imprisonment of either description for a term"
+"which may extend to five years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 432. Mischief by causing inundation or obstruction to public drainage attended
+with damage
+Whoever commits mischief by doing any act which causes or which he knows
+to be likely to cause an inundation or an obstruction to any public drainage
+"attended with injury or damage, shall be punished with imprisonment of"
+"either description for term which may extend to five years, or with fine, or"
+with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"Section 433. Mischief by destroying, moving or rendering less useful a light-house or sea-"
+mark
+Whoever commits mischief by destroying or moving any light-house or other
+light used as a sea-mark or any sea-mark or buoy or other thing placed as a
+"guide for navigators, or by any act which renders any such light-house, sea-"
+"mark, buoy or other such thing as aforesaid less useful as a guide for"
+"navigators, shall be punished with imprisonment of either description for a"
+"term which may extend to seven years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"Section 434. Mischief by destroying or moving, etc., a land- mark fixed by public"
+authority
+Whoever commits mischief by destroying or moving any land-mark fixed by
+"the authority of a public servant, or by any act which renders such land-mark"
+"less useful as such, shall be punished with imprisonment of either description"
+"for a term which may extend to one years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 435. Mischief by fire or explosive substance with intent to cause damage to
+amount of one hundred or (in case of agricultural produce) ten rupees
+Whoever commits mischief by fire or any explosive substance intending to
+"cause, or knowing it to be likely that he will thereby cause, damage to any"
+property to the amount of one hundred rupees or upwards [or(where the
+1
+"property is agricultural produce) ten rupees or upwards], shall be punished"
+with imprisonment of either description for a term which may extend to seven
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Ins. by Act 8 of 1882, sec. 10."
+"Section 436. Mischief by fire or explosive substance with intent to destroy house, etc."
+"Whoever commits mischief by fire or any explosive substance, intending to"
+"cause, or knowing it to be likely that he will thereby cause, the destruction of"
+any building which is ordinarily used as a place of worship or as a human
+"dwelling or as a place for the custody of property, shall be punished"
+"with [imprisonment for life], or with imprisonment of either description for a"
+1
+"term which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 437. Mischief with intent to destroy or make unsafe a decked vessel or one of
+twenty tons burden
+Whoever commits mischief to any decked vessel or any vessel of a burden of
+"twenty tons or upwards, intending to destroy or render unsafe, or knowing it"
+"to be likely that he will thereby destroy or render unsafe, that vessel, shall be"
+punished with imprisonment of either description for a term which may
+"extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+Section 438. Punishment for the mischief described in section 437 committed by fire or
+explosive substance
+"Whoever commits, or attempts to commit, by fire or any explosive substance,"
+"such mischief as is described in the last preceding section, shall be punished"
+"with [imprisonment for life], or with imprisonment or either description for a"
+1
+"term which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 439. Punishment for intentionally running vessel aground or ashore with intent
+"to commit theft, etc"
+"Whoever intentionally runs any vessel aground or ashore, intending to commit"
+theft of any property contained therein or to dishonestly misappropriate any
+"such property, or with intent that such theft or misappropriation of property"
+"may be committed, shall be punished with imprisonment of either description"
+"for a term which may extend to ten years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+Section 440. Mischief committed after preparation made for causing death or hurt
+Whoever commits mischief having made preparation for causing to any
+"person death, or hurt, or wrongful restraint, or fear of death or of hurt, or of"
+"wrongful restraint, shall be punished with imprisonment of either description"
+for a term which may extend to five years and shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 5 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Section 441. Criminal trespass
+Whoever enters into or upon property in the possession of another with intent
+"to commit an offence or to intimidate, insult or annoy any person in"
+"possession of such property,"
+"or having lawfully entered into or upon such property, unlawfully remains"
+"there with intent thereby to intimidate, insult or annoy any such person, or"
+"with intent to commit an offence, is said to commit “criminal trespass”."
+STATE AMENDMENT
+Orissa
+"For section 441, the following section shall be substituted, namely:"
+“441. Criminal Trespass.—Whoever enters into or upon property in possession
+"of another with intent to commit an offence or to intimidate, insult or annoy"
+"any person in possession of such property,"
+"or, having lawfully entered into or upon such property, unlawfully remains"
+"there with intent thereby to intimidate, insult or annoy any such person or"
+"with intent to commit an offence,"
+"or having lawfully entered into or upon such property, remains there with the"
+intention of taking unauthorised possession or making unauthorised use of
+"such property and fails to withdraw such property or its possession or use,"
+"when called upon to do so by that another person by notice in writing, duly"
+"served on him, is said to have commit “criminal trespass.“"
+"[Vide Orissa Act 22 of 1986, sec. 2 (w.e.f. 6-12-1986)]."
+Uttar Pradesh
+"For section 441, substitute the following:"
+“441. Criminal Trespass.—Whoever enters into or upon property in possession
+"of another with intent to commit an offence or to intimidate, insult or annoy"
+"and person in possession of such property, or having lawfully entered into or"
+"upon such property, unlawfully remains therewith intent thereby to"
+"intimidate, insult or annoy any such person, or with intent to commit an"
+"offence,"
+"or, having entered into or upon such property, whether before or after the"
+"coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the"
+intention of taking unauthorised possession or making unauthorised use of
+"such property fails to withdraw from such property or its possession or use,"
+"when called upon to do so by that another person by notice in writing, duly"
+"served upon him, by the date specified in the notice,"
+is said to commit “criminal trespass”.
+"[Vide Uttar Pradesh Act 31 of 1961, sec. 2 (w.e.f. 13-11-1961)]."
+Section 442. House trespass
+Whoever commits criminal trespass by entering into or remaining in any
+"building, tent or vessel used as a human dwelling or any building used as a"
+"place for worship, or as a place for the custody of property, is said to commit"
+“house-trespass”.
+Explanation
+The introduction of any part of the criminal trespasser’s body is entering
+sufficient to constitute house-trespass.
+Section 443. Lurking house-trespass
+Whoever commits house-trespass having taken precautions to conceal such
+house-trespass from some person who has a right to exclude or eject the
+"trespasser from the building, tent or vessel which is the subject of the trespass,"
+is said to commit “lurking house-trespass”.
+Section 444. Lurking house-trespass by night
+"Whoever commits lurking house-trespass after sunset and before sunrise, is"
+said to commit “lurking house-trespass by night”.
+Section 445. Housing breaking
+A person is said to commit “house-breaking” who commits house-trespass if
+he effects his entrance into the house or any part of it in any of the six ways
+"hereinafter described; or if, being in the house or any part of it for the purpose"
+"of committing an offence, or, having committed an offence therein, he quits"
+"the house or any part of it in any of such six ways, that is to say"
+"First.—If he enters or quits through a passage by himself, or by any abettor of"
+"the house-trespass, in order to the committing of the house-trespass."
+Secondly.—If he enters or quits through any passage not intended by any
+"person, other than himself or an abettor of the offence, for human entrance; or"
+through any passage to which he has obtained access by scaling or climbing
+over any wall or building.
+Thirdly.—If he enters or quits through any passage which he or any abettor of
+"the house-trespass has opened, in order to the committing of the house-"
+trespass by any means by which that passage was not intended by the occupier
+of the house to be opened.
+Fourthly.—If he enters or quits by opening any lock in order to the committing
+"of the house-trespass, or in order to the quitting of the house after a house-"
+trespass.
+Fifthly.—If he effects his entrance or departure by using criminal force or
+committing an assault or by threatening any person with assault.
+Sixthly.—If he enters or quits by any passage which he knows to have been
+"fastened against such entrance or departure, and to have been unfastened by"
+himself or by an abettor of the house-trespass.
+Explanation
+"Any out-house or building occupied with a house, and between which and"
+"such house there is an immediate internal communication, is part of the house"
+within the meaning of this section.
+Illustrations
+"(a) A commits house-trespass by making a hole through the wall of Z’s house,"
+and putting his hand through the aperture. This is house-breaking.
+(b) A commits house-trespass by creeping into a ship at a port-hole between
+decks. This is house-breaking.
+(c) A commits house-trespass by entering Z’s house through a window. This is
+house-breaking.
+"(d) A commits house-trespass by entering Z’s house through the door, having"
+opened a door which was fastened. This is house-breaking.
+"(e) A commits house-trespass by entering Z’s house through the door, having"
+lifted a latch by putting a wire through a hole in the door. This is house-
+breaking.
+"(f) A finds the key of Z’s house door, which Z had lost, and commits house-"
+"trespass by entering Z’s house, having opened the door with that key. This is"
+house-breaking.
+"(g) Z is standing in his doorway. A forces a passage by knocking Z down, and"
+commits house-trespass by entering the house. This is house-breaking.
+"(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-"
+"trespass by entering the house, having deterred Z from opposing him by"
+threatening to beat him. This is house-breaking.
+Section 446. House-breaking by night
+"Whoever commits house-breaking after sunset and before sunrise, is said to"
+commit “house-breaking by night”.
+Section 447. Punishment for criminal trespass
+Whoever commits criminal trespass shall be punished with imprisonment of
+"either description for a term which may extend to three months, with fine or"
+"which may extend to five hundred rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person in possession of the property trespassed upon.
+Section 448. Punishment for house-trespass
+Whoever commits house-trespass shall be punished with imprisonment of
+"either description for a term which may extend to one year, or with fine or"
+"which may extend to one thousand rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for one year, or fine of 1,000 rupees, or both—"
+Cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person in possession of the property trespassed upon.
+Section 449. House-trespass in order to commit offence punishable with death
+Whoever commits house-trespass in order to the committing of any offence
+"punishable with death, shall be punishable with [imprisonment for life], or"
+1
+"with rigorous imprisonment for a term not exceeding ten years, and shall also"
+be liable to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or rigorous imprisonment for 10 years"
+and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-
+compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 450. House-trespass in order to commit offence punishable with imprisonment
+for life
+Whoever commits house-trespass in order to the committing of any offence
+"punishable with [imprisonment for life], shall be punished with"
+1
+"imprisonment of either description for a term not exceeding ten years, and"
+shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Court of Session—Non-compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 451. House-trespass in order to commit offence punishable with imprisonment
+Whoever commits house-trespass in order to the committing of any offence
+"punishable with imprisonment, shall be punished with imprisonment of either"
+"description for a term which may extend to two years, and shall also be liable"
+"to fine; and if the offence intended to be committed is theft, the term of the"
+imprisonment may be extended to seven years.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 2 years and fine—Cognizable—Bailable—
+Triable by any Magistrate.
+Para II
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by any Magistrate—Compoundable by the person in possession of the
+house trespassed upon with the permission of the court.
+"Section 452. House-trespass after preparation for hurt, assault or wrongful restraint"
+"Whoever commits house-trespass, having made preparation for causing hurt"
+"to any person or for assaulting any person, or for wrongfully restraining any"
+"person, or for putting any person in fear of hurt, or of assault, or of wrongful"
+"restraint, shall be punished with imprisonment of either description for a term"
+"which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by any Magistrate—Non-compoundable.
+Section 453. Punishment for lurking house-trespass or house-breaking
+"Whoever commits lurking house-trespass or house-breaking, shall be"
+punished with imprisonment of either description for a term which may
+"extend to two years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 2 years and fine—Cognizable—Non-bailable—
+Triable by any Magistrate—Non-compoundable.
+Section 454. Lurking house-trespass or house-breaking in order to commit offence
+punishable with imprisonment
+"Whoever commits lurking house-trespass or house-breaking, in order to the"
+"committing of any offence punishable with imprisonment, shall be punished"
+with imprisonment of either description for a term which may extend to three
+"years, and shall also be liable to fine ; and if the offence intended to be"
+"committed is theft, the term of the imprisonment may be extended to ten"
+years.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—
+Triable by any Magistrate—Non-compoundable.
+Para II
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class—Non-compounded.
+STATE AMENDMENT
+Tamil Nadu
+Section 454 shall be renumbered as sub-section (1) of that section and after
+"sub-section (1) as so renumbered, the following sub-section shall be added,"
+namely:
+“(2) Whoever commits lurking house-trespass or house-breaking in any
+"building used as a place of worship, in order to the committing of the offence"
+"of theft of any idol or icon from such building, shall notwithstanding anything"
+"contained in sub-section (1), be punished with rigorous imprisonment which"
+shall not be less than three years but which may extend to ten years and with
+fine which shall not be less than five thousand rupees:
+"Provided that the court may, for adequate and special reasons to be mentioned"
+"in the judgment, impose a sentence of imprisonment for a term of less than"
+three years.”
+"[Vide Tamil Nadu Act 28 of 1993, sec. 4 (w.e.f. 13-7-1993)]."
+"Section 455. Lurking house-trespass or house-breaking after preparation for hurt,"
+assault or wrongful restraint
+"Whoever commits lurking house-trespass, or house-breaking, having made"
+"preparation for causing hurt to any person, or for assaulting any person, or for"
+"wrongfully restraining any person, or for putting any person in fear of hurt or"
+"of assault or of wrongful restraint, shall be punished with imprisonment of"
+"either description for a term which may extend to ten years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+Section 456. Punishment for lurking house-trespass or house-breaking by night
+"Whoever commits lurking house-trespass by night, or house-breaking by"
+"night, shall be punished with imprisonment of either description for a term"
+"which may extend to three years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—
+Triable by any Magistrate—Non-compoundable.
+Section 457. Lurking house trespass or house-breaking by night in order to commit
+offence punishable with imprisonment
+"Whoever commits lurking house-trespass by night, or house-breaking by"
+"night, in order to the committing of any offence punishable with"
+"imprisonment, shall be punished with imprisonment of either description for"
+"a term which may extend to five years, and shall also be liable to fine; and, if"
+"the offence intended to be committed is theft, the term of the imprisonment"
+may be extended to fourteen years.
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para II
+Punishment—Imprisonment for 14 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class.
+STATE AMENDMENT
+Tamil Nadu
+Section 457 shall be renumbered as sub-section (1) of that section and after
+"sub-section (1) as so renumbered, the following sub-section shall be added,"
+namely:
+“(2) Whoever commits lurking house-trespass by night or house-breaking by
+"night in any building used as a place of worship, in order to the committing of"
+"the offence of theft of any idol or icon from such building, shall,"
+"notwithstanding anything contained in sub-section (1), be punished with"
+rigorous imprisonment which shall not be less than three years but which may
+extend to fourteen years and with fine which shall not be less than five
+thousand rupees:
+"Provided that the court may, for adequate and special reasons to be mentioned"
+"in the judgment, impose a sentence of imprisonment for a term of less than"
+three years.”
+"[Vide Tamil Nadu Act 28 of 1993, sec. 5 (w.e.f. 13-7-1993)]."
+Uttar Pradesh
+Section 457 shall be renumbered as sub-section (1) of that section and after
+"sub section (1) as so renumbered, the following sub-section shall be added"
+namely
+“(2) Whoever commits lurking house trespass by night or house breaking by
+night in any building used as a place of worship in order to the committing of
+the offence of theft of any idol or icon from such buildings shall
+notwithstanding any thing contained in sub-section (1) be punished with
+rigorous imprisonment which shall not be less than three years but which may
+extend to fourteen years and with fine which shall not be less than five
+thousand rupees:
+"Provided that the court may, for adequate and special reasons to be mentioned"
+"in the judgment, impose a sentence of imprisonment for a term of less than"
+three years.”
+"[Vide Uttar Pradesh Act 24 of 1995, sec. 11]."
+Section 458. Lurking house-trespass or house-breaking by night after preparation for
+"hurt, assault, or wrongful restraint"
+"Whoever commits lurking house-trespass by night, or house-breaking by"
+"night, having made preparation for causing hurt to any person or for"
+"assaulting any person, or for wrongfully restraining any person, or for putting"
+"any person in fear of hurt, or of assault, or of wrongful restraint, shall be"
+punished with imprisonment of either description for a term which may
+"extend to fourteen years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 14 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+Section 459. Grievous hurt caused whilst committing lurking house trespass or house-
+breaking
+"Whoever, whilst committing lurking house-trespass or house-breaking, causes"
+grievous hurt to any person or attempts to cause death or grievous hurt to any
+"person, shall be punished with [imprisonment for life], or imprisonment of"
+1
+"either description for a term which may extend to ten years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 460. All persons jointly concerned in lurking house-trespass or house-breaking
+by night punishable where death or grievous hurt caused by one of them
+"If, at the time of the committing of lurking house-trespass by night or house-"
+"breaking by night, any person guilty of such offence shall voluntarily cause or"
+"attempt to cause death or grievous hurt to any person, every person jointly"
+concerned in committing such lurking house-trespass by night or house-
+"breaking by night, shall be punished with [imprisonment for life], or with"
+1
+"imprisonment of either description for a term which may extend to ten years,"
+and shall also be liable to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 461. Dishonestly breaking open receptacle containing property
+"Whoever dishonestly or with intent to commit mischief, breaks open or"
+unfastens any closed receptacle which contains or which be believes to contain
+"property, shall be punished with imprisonment of either description for a term"
+"which may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 462. Punishment for same offence when committed by person entrusted with
+custody
+"Whoever, being entrusted with any closed receptacle which contains or which"
+"he believes to contain property, without having authority to open the same,"
+"dishonestly, or with intent to commit mischief, breaks open or unfastens that"
+"receptacle, shall be punished with imprisonment of either description for a"
+"term which may extend to three years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+Section 463. Forgery
+[Whoever makes any false documents or false electronic record or part of a
+1
+"document or electronic record, with intent to cause damage or injury], to the"
+"public or to any person, or to support any claim or title, or to cause any person"
+"to part with property, or to enter into any express or implied contract, or with"
+"intent to commit fraud or that fraud may be committed, commits forgery."
+—–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-"
+2000).
+Section 464. Making a false document
+[A person is said to make a false document or false electronic record
+1
+First—Who dishonestly or fradulently
+"(a) makes, signs, seals or executes a document or part of a document;"
+(b) makes or transmits any electronic record or part of any electronic record;
+(c) affixes any electronic signature on any electronic record;
+3
+(d) makes any mark denoting the execution of a document or the authenticity
+"of the electronic signature,"
+3
+with the intention of causing it to be believed that such document or part of
+"document, electronic record or electronic signature was made, signed, sealed,"
+"executed, transmitted or affixed by or by the authority of a person by whom or"
+"by whose authority he knows that it was not made, signed, sealed, executed or"
+affixed; or
+"Secondly—Who, without lawful authority, dishonestly or fraudulently, by"
+"cancellation or otherwise, alters a document or an electronic record in any"
+"material part thereof, after it has been made, executed or affixed"
+"with electronic signature either by himself or by any other person, whether"
+3
+such person be living or dead at the time of such alteration; or
+"Thirdly—Who dishonestly or fraudulently causes any person to sign, seal,"
+execute or alter a document or an electronic record or to affix his electronic
+3
+signature on any electronic record knowing that such person by reason of
+"unsoundness of mind or intoxication cannot, or that by reason of deception"
+"practised upon him, he does not know the contents of the document or"
+electronic record or the nature of the alteration.]
+Illustrations
+"(a) A has a letter of credit upon B for rupees 10,000 written by Z. A, in order to"
+"defraud B, adds a cipher to the 10,000, and makes the sum 1,00,000"
+intending that it may be believed by B that Z so wrote the letter. A has
+committed forgery.
+"(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a"
+"conveyance of an estate from Z to A, with the intention of selling the estate to"
+"B, and thereby of obtaining from B the purchase-money. A has committed"
+forgery.
+"(c) A picks up a cheque on a banker signed by B, payable to bearer, but"
+without any sum having been inserted in the cheque. A fraudulently fills up
+the cheque by inserting the sum of ten thousand rupees. A commits forgery.
+"(d) A leaves with B, his agent, a cheque on a banker, signed by A, without"
+inserting the sum payable and authorizes B to fill up the cheque by inserting a
+sum not exceeding ten thousand rupees for the purpose of making certain
+payment. B fraudulently fills up the cheque by inserting the sum of twenty
+thousand rupees. B commits forgery.
+(e) A draws a bill of exchange on himself in the name of B without B’s
+"authority, intending to discount it as a genuine bill with a banker and"
+"intending to take up the bill on its maturity. Here, as A draws the bill with"
+intent to deceive the banker by leading him to suppose that he had the security
+"of B, and thereby to discount the bill, A is guilty of forgery."
+(f) Z’s will contains the these words—“I direct that all my remaining property
+"be equally divided between A, B and C.” A dishonestly scratches out B’s name,"
+intending that it may be believed that the whole was left to himself and C. A
+has committed forgery.
+(g) A endorses a Government promissory note and makes it payable to Z or his
+order by writing on the bill the words “Pay to Z or his order” and signing the
+"endorsement. B dishonestly erases the words “Pay to Z or his order”, and"
+thereby converts the special endorsement into a blank endorsement. B
+commits forgery.
+"(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of"
+"his estate, executes a conveyance of the same estate to B, dated six months"
+"earlier than the date of the conveyance to Z, intending it to be believed that he"
+had conveyed the estate to B before he conveyed it to Z. A has committed
+forgery.
+(i) Z dictates his will to A. A intentionally writes down a different legatee from
+"the legatee named by Z, and by representing to Z that he has prepared the will"
+"according to his instructions, induces Z to sign the will. A has committed"
+forgery.
+"(j) A writes a letter and signs it with B’s name without B’s authority, certifying"
+that A is a man of good character and in distressed circumstances from
+"unforeseen misfortune, intending by means of such letter to obtain alms from"
+"Z and other persons. Here, as A made a false document in order to induce Z to"
+part with property. A has committed forgery.
+(k) A without B’s authority writes a letter and signs it in B’s name certifying to
+"A’s character, intending thereby to obtain employment under Z. A has"
+committed forgery in as much as he intended to deceive Z by the forged
+"certificate, and thereby to induce Z to enter into an express or implied contract"
+for service.
+Explanation 1
+A man’s signature of his own name may amount to forgery.
+Illustrations
+"(a) A signs his own name to a bill of exchange, intending that it may be"
+believed that the bill was drawn by another person of the same name. A has
+committed forgery.
+(b) A writes the word “accepted” on a piece of paper and signs it with Z’s
+"name, in order that B may afterwards write on the paper a bill of exchange"
+"drawn by B upon Z, and negotiate the bill as though it had been accepted by Z."
+"A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper"
+"pursuant to A’s intention, B is also guilty of forgery."
+(c) A picks up a bill of exchange payable to the order of a different person of
+"the same name. A endorses the bill in his own name, intending to cause it to"
+be believed that it was endorsed by the person whose order it was payable;
+here A has committed forgery.
+"(d) A purchases an estate sold under execution of a decree against B. B, after"
+"the seizure of the estate, in collusion with Z, executes a lease of the estate of Z"
+at a nominal rent and for a long period and dates the lease six months prior to
+"the seizure, with intent to defraud A, and to cause it to be believed that the"
+"lease was granted before the seizure. B, though he executes the lease in his"
+"own name, commits forgery by antedating it."
+"(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s"
+"benefit, and with intent to defraud his creditors; and in order to give a colour"
+"to the transaction, writes a promissory note binding himself to pay to B a sum"
+"for value received, and antedates the note, intending that it may be believed to"
+have been made before. A was on the point of insolvency. A has committed
+forgery under the first head of the definition.
+Explanation 2
+"The making of a false document in the name of a fictitious person, intending it"
+"to be believed that the document was made by a real person, or in the name of"
+"a deceased person, intending it to be believed that the document was made by"
+"the person in his lifetime, may amount to forgery."
+Illustration
+"A draws a bill of exchange upon a fictitious person, and fraudulently accepts"
+the bill in the name of such fictitious person with intent to negotiate it. A
+commits forgery.
+[Explanation 3
+2
+"For the purposes of this section, the expression “affixing electronic signature”"
+3
+shall have the meaning assigned to it in clause (d) of sub-section (1) of section
+"2 of the Information Technology Act, 2000.]"
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-"
+2000).
+"2. Ins. by Act 21 of 2000, sec. 91 and Sch. I (w.e.f. 17-10-2000)."
+"3. Subs by Act 10 of 2009, sec. 51(e), for “digital signature”."
+Section 465. Punishment for forgery
+Whoever commits forgery shall be punished with imprisonment of either
+"description for a term which may extend to two years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"Section 466. Forgery of record of court or of public register, etc."
+"[Whoever forges a document or an electronic record], purporting to be a"
+1
+"record or proceeding of or in a Court of Justice, or a register of birth, baptism,"
+"marriage or burial, or a register kept by a public servant as such, or a"
+certificate or document purporting to be made by a public servant in his
+"official capacity, or an authority to institute or defend a suit, or to take any"
+"proceedings therein, or to confess judgment, or a power of attorney, shall be"
+punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine."
+[Explanation
+1
+"For the purposes of this section, “register” includes any list, data or record of"
+any entries maintained in the electronic form as defined in clause (r) of sub-
+"section (1) of section 2 of the Information Technology Act, 2000.]"
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Non-cognizable—Non-
+bailable—Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “Whoever forges a document”"
+(w.e.f. 17-10-2000).
+"Section 467. Forgery of valuable security, will, etc."
+"Whoever forges a document which purports to be a valuable security or a will,"
+"or an authority to adopt a son, or which purports to give authority to any"
+"person to make or transfer any valuable security, or to receive the principal,"
+"interest or dividends thereon, or to receive or deliver any money, moveable"
+"property, or valuable security, or any document purporting to be an"
+"acquittance or receipt acknowledging the payment of money, or an acquittance"
+"or receipt for the delivery of any moveable property or valuable security, shall"
+"be punished with [imprisonment for life], or with imprisonment of either"
+1
+"description for a term which may extend to ten years, and shall also be liable"
+to fine.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Non-cognizable—Non-bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+Para II
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 468. Forgery for purpose of cheating
+"Whoever commits forgery, intending that the [document or Electronic Record"
+1
+"forged] shall be used for the purpose of cheating, shall be punished with"
+imprisonment of either description for a term which may extend to seven
+"years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable
+—-Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document forged” (w.e.f. 17-"
+10-2000).
+Section 469. Forgery for purpose of harming reputation
+"Whoever commits forgery, [intending that the document or Electronic Record"
+1
+"forged] shall harm the reputation of any party, or knowing that it is likely to"
+"used for that purpose, shall be punished with imprisonment of either"
+"description for a term which may extend to three years, and shall also be liable"
+to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “intending that the document"
+forged” (w.e.f. 17-10-2000).
+Section 470. Forged document or electronic record
+Forged [document or electronic record].—A false [document or electronic
+1 1
+record] made wholly or in part by forgery is designated “a forged [document
+1
+or electronic record]”.
+–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-"
+2000).
+Section 471. Using as genuine a forged document or electronic record
+Using as genuine a forged [document or electronic record].—Whoever
+1
+fraudulently or dishonestly uses as genuine any [document or electronic
+1
+record] which he knows or has reason to believe to be a forged [document or
+1
+"electronic record], shall be punished in the same manner as if he had forged"
+such [document or electronic record].
+1
+CLASSIFICATION OF OFFENCE
+Punishment—Punishment for forgery of such document—Cognizable—
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-"
+2000).
+"Section 472. Making or possessing counterfeit seal, etc., with intent to commit forgery"
+punishable under section 467
+"Whoever makes or counterfeits any seal, plate or other instrument for making"
+"an impression, intending that the same shall be used for the purpose of"
+committing any forgery which would be punishable under Section 467 of this
+"Code, or, with such intent, has in his possession any such seal, plate or other"
+"instrument, knowing the same to be counterfeit, shall be punished"
+"with [imprisonment for life], or with imprisonment of either description for a"
+1
+"term which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 7 years and fine—"
+Cognizable—Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"Section 473. Making or possessing counterfeit seal, etc., with intent to commit forgery"
+punishable otherwise
+"Whoever makes or counterfeit any seal, plate or other instrument for making"
+"an impression, intending that the same shall be used for the purpose of"
+committing any forgery which would be punishable under any section of this
+"Chapter other than Section 467, or, with such intent, has in his possession any"
+"such seal, plate or other instrument, knowing the same to be counterfeit, shall"
+be punished with imprisonment of either description for a term which may
+"extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"Section 474. Having possession of document described in Section 466 or 467, knowing it"
+to be forged and intending to use it as genuine
+"[Whoever has in his possession any document or electronic record, knowing"
+1
+"the same to be forged, and intending that the same shall fraudulently or"
+"dishonestly be used as genuine, shall, if the document or electronic record, is"
+"one of the description mentioned in section 466 of this Code], be punished"
+with imprisonment of either description for a term which may extend to seven
+"years, and shall also be liable to fine; and if the document is one of the"
+"description mentioned in section 467, shall be punished with [imprisonment"
+2
+"for life], or with imprisonment of either description, for a term which may"
+"extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Para I
+Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+Para II
+"Punishment—Imprisonment for life, or imprisonment for 7 years and fine—"
+Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-"
+2000).
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 475. Counterfeiting device or mark used for authenticating documents described
+"in Section 467, or possessing counterfeit marked material"
+"Whoever counterfeits upon, or in the substance of, any material, any device or"
+mark used for the purpose of authenticating any document described in
+"Section 467 of this Code, intending that such device or mark shall be used for"
+the purpose of giving the appearance of authenticity to any document then
+"forged or thereafter to be forged on such material, or who, with such intent,"
+has in his possession any material upon or in the substance of which any such
+"device or mark has been counterfeited, shall be punished with [imprisonment"
+1
+"for life], or with imprisonment of either description for a term which may"
+"extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 7 years and fine—"
+Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 476. Counterfeiting device or mark used for authenticating documents other
+"than those described in section 467, or possessing counterfeit marked material"
+"Whoever counterfeits upon, or in the substance of, any material, any device or"
+mark used for the purpose of authenticating [any document or electronic
+1
+"record] other than the documents described in section 467 of this Code,"
+intending that such device or mark shall be used for the purpose of giving the
+appearance of authenticity to any document then forged or thereafter to be
+"forged on such material, or who, with such intent, has in his possession any"
+material upon or in the substance of which any such device or mark has been
+"counterfeited, shall be punished with imprisonment of either description for a"
+"term which may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Non-cognizable—Non-
+bailable—Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “any document” (w.e.f. 17-10-"
+2000).
+"Section 477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or"
+valuable security
+"Whoever fraudulently or dishonestly, or with intent to cause damage or injury"
+"to the public or to any person, cancels, destroys or defaces, or attempts to"
+"cancel, destroy or deface, or secretes or attempts to secrete any document"
+"which is or purports to be a will, or an authority to adopt a son, or any"
+"valuable security, or commits mischief in respect of such document, shall be"
+"punished with [imprisonment for life], or with imprisonment of either"
+1
+"description for a term which may extend to seven years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 7 years and fine—"
+Non-cognizable—Non-bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 477A. Falsification of accounts
+"[477A. Falsification of accounts.—Whoever, being a clerk, officer or servant,"
+1
+"or employed or acting in the capacity of a clerk, officer or servant, wilfully, and"
+"with intent to defraud, destroys, alters, mutilates or falsifies any [book,"
+2
+"electronic record, paper, writing], valuable security or account which belongs"
+"to or is in the possession of his employer, or has been received by him for or"
+"on behalf of his employer, or wilfully, and with intent to defraud, makes or"
+"abets the making of any false entry in, or omits or alters or abets the omission"
+"or alteration of any material particular from or in, any such [book, electronic"
+2
+"record, paper, writing], valuable security or account, shall be punished with"
+imprisonment of either description for a term which may extend to seven
+"years, or with fine, or with both."
+Explanation
+It shall be sufficient in any charge under this section to allege a general intent
+to defraud without naming any particular person intended to be defrauded or
+"specifying any particular sum of money intended to be the subject of the fraud,"
+or any particular day on which the offence was committed.]
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+—-
+"1. Added by Act 3 of 1895, sec. 4."
+"2. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “book, paper, writing” (w.e.f."
+17-10-2000).
+Section 478. Trade marks
+"[Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959).]"
+Section 479. Property mark
+A mark used for denoting that moveable property belongs to a particular
+person is called a property mark.
+Section 480. Using a false trade mark
+"[Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch., (w.e.f. 25-11-1959).]"
+Section 481. Using a false property mark
+"Whoever marks any moveable property or goods or any case, package or other"
+"receptacle containing moveable property or goods, or uses any case, package"
+"or other receptacle having any mark thereon, in a manner reasonably"
+"calculated to cause it to be believed that the property or goods so marked, or"
+"any property or goods contained in any such receptacle so marked, belong to a"
+"person to whom they do not belong, is said to use a false property mark."
+Section 482. Punishment for using a false property mark
+"Whoever uses [* * *] any false property mark shall, unless he proves that he"
+1
+"acted without intent to defraud, be punished with imprisonment of either"
+"description for a term which may extend to one year, or with fine, or with both"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person to whom
+loss or injury is caused by such use with the permission of the court.
+–
+"1. The words “any false trade mark or” omitted by Act 43 of 1958, sec. 135 and"
+Sch. (w.e.f. 25-11-1959).
+Section 483. Counterfeiting a property mark used by another
+Whoever counterfeits any [* * *] property mark used by any other person
+1
+shall be punished with imprisonment of either description for a term which
+"may extend to two years, or with fine, or with both"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person whose
+trade or property mark is counterfeited with the permission of the court.
+—-
+"1. The words “trade mark or” omitted by Act 43 of 1958, sec. 135 and Sch."
+(w.e.f. 25-11-1959).
+Section 484. Counterfeiting a mark used by a public servant
+[484. Counterfeiting a mark used by a public servant.—Whoever counterfeits
+1
+"any property mark used by a public servant, or any mark used by a public"
+servant to denote that any property has been manufactured by a particular
+"person or at a particular time or place, or that the property is of a particular"
+"quality or has passed through a particular office, or that it is entitled to any"
+"exemption, or uses as genuine any such mark knowing the same to be"
+"counterfeit, shall be punished with imprisonment of either description for a"
+"term which may extend to three years, and shall also be liable to fine.]"
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"1. Subs. by Act 4 of 1889, sec. 3, for the original section 484."
+Section 485. Making or possession of any instrument for counterfeiting a property mark
+[485. Making or possession of any instrument for counterfeiting a property
+1
+"mark.—Whoever makes or has in his possession any die, plate or other"
+"instrument for the purpose of counterfeiting a property mark, or has in his"
+possession a property mark for the purpose of denoting that any goods belong
+"to a person to whom they do not belong, shall be punished with imprisonment"
+"of either description for a term which may extend to three years or with fine,"
+or with both.]
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+–
+"1. Subs. by Act 43 of 1958, sec. 135 and Sch., for the original section 485 (w.e.f."
+25-11-1959).
+Section 486. Selling goods marked with a counterfeit property mark
+[486. Selling goods marked with a counterfeit property mark.— [Whoever
+1 2
+"sells, or exposes, or has in possession for sale, any goods or things with a"
+counterfeit property mark] affixed to or impressed upon the same or to or
+"upon any case, package or other receptacle in which such goods are contained,"
+"shall, unless he proves"
+"(a) that, having taken all reasonable precautions against committing an"
+"offence against this section, he had at the time of the commission of the"
+"alleged offence no reason to suspect the genuineness of the mark, and"
+"(b) that, on demand made by or on behalf of the prosecutor, he gave all the"
+information in his power with respect to the persons from whom he obtained
+"such goods or things, or"
+"(c) that otherwise he had acted innocently,"
+be punished with imprisonment of either description for a term which may
+"extend to one year, or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person whose
+trade or property mark is counterfeited with the permission of the court.
+"1. Subs. by Act 4 of 1889, sec. 3, for the original section 486."
+"2. Subs. by Act 43 of 1958, sec. 135 and Sch., for certain words (w.e.f. 25-11-"
+1959).
+Section 487. Making a false mark upon any receptacle containing goods
+[487. Making a false mark upon any receptacle containing goods.—Whoever
+1
+"makes any false mark upon any case, package or other receptacle containing"
+"goods, in a manner reasonably calculated to cause any public servant or any"
+other person to believe that such receptacle contains goods which it does not
+"contain or that it does not contain goods which it does contain, or that the"
+goods contained in such receptacle are of a nature or quality different from the
+"real nature or quality thereof, shall, unless he proves that he acted without"
+"intent to defraud, be punished with imprisonment of either description for a"
+"term which may extend to three years, or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+"1. Subs. by Act 4 of 1889, sec. 3, for the original section 487."
+Section 488. Punishment for making use of any such false mark
+[488. Punishment for making use of any such false mark.—Whoever makes
+1
+use of any such false mark in any manner prohibited by the last foregoing
+"section shall, unless he proves that he acted without intent to defraud, be"
+punished as if he had committed an offence against that section.]
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+—-
+"1. Subs. by Act 4 of 1889, sec. 3, for the original section 488."
+Section 489. Tampering with property mark with intent to cause injury
+[489. Tampering with property mark with intent to cause injury.—Whoever
+1
+"removes, destroys, defaces or adds to any property mark, intending or"
+"knowing it to be likely that he may thereby cause injury to any person, shall be"
+punished with imprisonment of either description for a term which may
+"extend to one year, or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Non-compoundable.
+–
+"1. Subs. by Act 4 of 1889, sec. 3, for the original section 489."
+Section 489A. Counterfeiting currency-notes or bank-notes
+"[489A. Counterfeiting currency-notes or bank-notes.—Whoever counter-feits,"
+1
+"or knowingly performs any part of the process of counterfeiting, any currency-"
+"note or bank-note, shall be punished with [imprisonment for life], or with"
+2
+"imprisonment of either description for a term which may extend to ten years,"
+and shall also be liable to fine.
+Explanation
+"For the purposes of this section and of sections 489B, [489C, 489D and"
+3
+"489E], the expression “bank-note” means a promissory note or engagement"
+for the payment of money to bearer on demand issued by any person carrying
+"on the business of banking in any part of the world, or issued by or under the"
+"authority of any State or Sovereign Power, and intended to be used as equiva-"
+"lent to, or as a substitute for money.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+–
+"1. Added by Act 12 of 1899, sec. 2."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"3. Subs. by Act 35 of 1950, sec. 3 and Sch. II, for “489C and 489D”."
+"Section 489B. Using as genuine, forged or counterfeit currency-notes or bank-notes"
+"[489B. Using as genuine, forged or counterfeit currency-notes or bank-notes."
+1
+"—Whoever sells to, or buys or receives from, any other person, or otherwise"
+"traffics in or uses as genuine, any forged or counterfeit currency-note or bank-"
+"note, knowing or having reason to believe the same to be forged or counterfeit,"
+"shall be punished with [imprisonment for life], or with imprisonment of"
+2
+"either description for a term which may extend to ten years, and shall also be"
+liable to fine.]
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+–
+"1. Added by Act 12 of 1899, sec. 2."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 489C. Possession of forged or counterfeit currency-notes or bank-notes
+[489C. Possession of forged or counterfeit currency-notes or bank-notes.—
+1
+Whoever has in his possession any forged or counterfeit currency-note or
+"bank-note, knowing or having reason to believe the same to be forged or"
+counterfeit and intending to use the same as genuine or that it may be used as
+"genuine, shall be punished with imprisonment of either description for a term"
+"which may extend to seven years, or with fine, or with both.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—"
+Bailable—Triable by Court of Session—Non-compoundable.
+"1. Added by Act 12 of 1899, sec. 2."
+Section 489D. Making or possessing instruments or materials for forgoing or
+counterfeiting currency-notes or bank-notes
+[489D. Making or possessing instruments or materials for forging or
+1
+"counterfeiting currency-notes or bank-notes.—Whoever makes, or performs,"
+"any part of the process of making, or buys or sells or disposes of, or has in his"
+"possession, any machinery, instrument or material for the purpose of being"
+"used, or knowing or having reason to believe that it is intended to be used, for"
+"forging or counterfeiting any currency-note or bank-note, shall be punished"
+"with [imprisonment for life], or with imprisonment of either description for a"
+2
+"term which may extend to ten years, and shall also be liable to fine.]"
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for life, or imprisonment for 10 years and fine—"
+Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
+—–
+"1. Added by Act 12 of 1899, sec. 2."
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 489E. Making or using documents resembling currency-notes or bank-notes
+[489E. Making or using documents resembling currency-notes or bank-notes.
+1
+"—(1) Whoever makes, or causes to be made, or uses for any purpose"
+"whatsoever, or delivers to any person, any document purporting to be, or in"
+"any way resembling, or so nearly resembling as to be calculated to deceive, any"
+currency-note or bank-note shall be punished with fine which may extend to
+one hundred rupees.
+"(2) If any person, whose name appears on a document the making of which is"
+"an offence under sub-section (1), refuses, without lawful excuse, to disclose to"
+a police-officer on being so required the name and address of the person by
+"whom it was printed or otherwise made, he shall be punished with fine which"
+may extend to two hundred rupees.
+(3) Where the name of any person appears on any document in respect of
+which any person is charged with an offence under sub-section (1) or on any
+"other document used or distributed in connection with that document it may,"
+"until the contrary is proved, be presumed that person caused the document to"
+be made.]
+CLASSIFICATION OF OFFENCE
+Punishment—Fine of 100 rupees—Non-Cognizable—Bailable—Triable by any
+Magistrate—Non-compoundable.
+–
+"1. Ins. by Act 6 of 1943, sec. 2."
+Section 490. Breach of contract of service during voyage or journey
+"[Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]"
+Section 491. Breach of contract to attend on and supply wants of helpless person
+"Whoever, being bound by a lawful contract to attend on or to supply the wants"
+"of any person who, by reason of youth, or of unsoundness of mind, or of a"
+"disease or bodily weakness, is helpless or incapable of providing for his own"
+"safety or of supplying his own wants, voluntarily omits so to do, shall be"
+punished with imprisonment of either description for a term which may
+"extend to three months, or with fine which may extend to two hundred rupees,"
+or with both.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 3 months, or fine of 200 rupees, or both—"
+Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the
+person with whom the offender has contracted.
+Section 492. Breach of contract to serve at distant place to which servant is conveyed at
+master’s expense
+"[Rep. by the workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]"
+Section 493. Cohabitation caused by a man deceitfully inducing a belief of lawful
+marriage
+Every man who by deceit causes any woman who is not lawfully married to
+him to believe that she is lawfully married to him and to cohabit or have sexual
+"intercourse with him in that belief, shall be punished with imprisonment of"
+"either description for a term which may extend to ten years, and shall also be"
+liable to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Non-cognizable—Non-
+bailable—Triable by Magistrate of the first class—Non-compoundable.
+Section 494. Marrying again during lifetime of husband or wife
+"Whoever, having a husband or wife living, marries in any case in which such"
+marriage is void by reason of its taking place during the life of such husband
+"or wife, shall be punished with imprisonment of either description for a term"
+"which may extend to seven years, and shall also be liable to fine."
+Exception.—This section does not extend to any person whose marriage with
+such husband or wife has been declared void by a Court of competent
+"jurisdiction,"
+nor to any person who contracts a marriage during the life of a former
+"husband or wife, if such husband or wife, at the time of the subsequent"
+"marriage, shall have been continually absent from such person for the space of"
+"seven years, and shall not have been heard of by such person as being alive"
+within that time provided the person contracting such subsequent marriage
+"shall, before such marriage takes place, inform the person with whom such"
+marriage is contracted of the real state of facts so far as the same are within
+his or her knowledge.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Compoundable by the husband or wife
+of the person so marrying with the permission of the court.
+State Amendment
+Andhra Pradesh
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]."
+Section 495. Same offence with concealment of former marriage from person with whom
+subsequent marriage is contracted
+Whoever commits the offence defined in the last preceding section having
+"concealed from the person with whom the subsequent marriage is contracted,"
+"the fact of the former marriage, shall be punished with imprisonment of either"
+"description for a term which may extend to ten years, and shall also be liable"
+to fine.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 10 years and fine—Non-cognizable—Bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+STATE AMENDMENT
+Andhra Pradesh
+Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable
+—Triable by Magistrate of the first class—Non-compoundable.
+"[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]"
+Section 496. Marriage ceremony fraudulently gone through without lawful marriage
+"Whoever, dishonestly or with a fraudulent intention, goes through the"
+"ceremony of being married, knowing that he is not thereby lawfully married,"
+shall be punished with imprisonment of either description for a term which
+"may extend to seven years, and shall also be liable to fine."
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+State Amendment
+Andhra Pradesh
+Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—
+Triable by Magistrate of the first class—Non-compoundable.
+"[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]."
+Section 497. Adultery
+Whoever has sexual intercourse with a person who is and whom he knows or
+"has reason to believe to be the wife of another man, without the consent or"
+"connivance of that man, such sexual intercourse not amounting to the offence"
+"of rape, is guilty of the offence of adultery, and shall be punished with"
+"imprisonment of either description for a term which may extend to five years,"
+"or with fine, or with both. In such case the wife shall not be punishable as an"
+abettor.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 5 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+STATE AMENDMENT
+Andhra Pradesh
+"Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+"[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]."
+Section 498. Enticing or taking away or detaining with criminal intent a married woman
+Whoever takes or entices away any woman who is and whom he knows or has
+"reason to believe to be the wife of any other man, from that man, or from any"
+"person having the care of her on behalf of that man, with intent that she may"
+"have illicit intercourse with any person, or conceals or detains with that intent"
+"any such woman, shall be punished with imprisonment of either description"
+"for a term which may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person with
+whom the offender has contracted.
+Section 498A. Husband or relative of husband of a woman
+subjecting her to cruelty
+[498A. Husband or relative of husband of a woman subjecting her to cruelty.
+1
+"—Whoever, being the husband or the relative of the husband of a woman,"
+subjects such woman to cruelty shall be punished with imprisonment for a
+term which may extend to three years and shall also be liable to fine.
+Explanation
+"For the purpose of this section, “cruelty” means"
+(a) any wilful conduct which is of such a nature as is likely to drive the woman
+"to commit suicide or to cause grave injury or danger to life, limb or health"
+(whether mental or physical) of the woman; or
+(b) harassment of the woman where such harassment is with a view to
+coercing her or any person related to her to meet any unlawful demand for any
+property or valuable security or is on account of failure by her or any person
+related to her to meet such demand.]
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for 3 years and fine-Cognizable if information
+relating to the commission of the offence is given to an officer in charge of a
+police station by the person aggrieved by the offence or by any person related
+"to her by blood, marriage or adoption or if there is no such relative, by any"
+public servant belonging to such class or category as may be notified by the
+State Government in this behalf—Non-bailable—Triable by Magistrate of the
+first class—Non-compoundable.
+Section 498A vis-a-vis section 113 of Evidence Act
+Section 498A of the Indian Penal Code or section 113A of the Indian Evidence
+Act has not introduced invidious classification qua the treatment of a married
+woman by her husband or relatives of her husband vis-a-vis the other
+"offenders. On the other hand, such women form a class apart whom from"
+those who are married more than seven years earlier to the commission of
+"such offence, because, with the passage of time after marriage and birth of"
+"children, there are remote chances of treating a married woman with cruelty"
+"by her husband or his relatives. Thus, the classification is reasonable and has"
+"close nexus with the object sought to be achieved, i.e., eradication of the evil of"
+dowry in the Indian social set-up and to ensure that the married women live
+"with dignity at their matrimonial homes; Krishan Lal v. Union of India, 1994"
+Cr LJ 3472.
+Unhappiness between husband and wife
+Where the prosecution relied only on incident of unhappiness of deceased
+"with her husband and the allegation was only in form of suggestion, it does not"
+"establish criminal offence under either or both of the charges, hence"
+"conviction under section 498A is improper; State v. K. Sridhar, 2000 Cr LJ"
+328 (Kant).
+Wilful Conduct
+"The allegations against the husband were that he abused and beat his wife,"
+"forced her to have a common kitchen with a harijan family, accused her of"
+"adultery and of carrying in her womb someone else’s child, pressurizing her to"
+"agree for an abortion, and such other acts. This amounted to a wilful conduct"
+"of cruelty towards wife; Rishi Kumar v. State of Haryana, Criminal Appeal No."
+335-B of 1985.
+–
+"1. Ins. by Act 46 of 1983, sec. 2 (w.e.f. 25-12-1983)."
+Section 499. Defamation
+"Whoever, by words either spoken or intended to be read, or by signs or by"
+"visible representations, makes or publishes any imputation concerning any"
+"person intending to harm, or knowing or having reason to believe that such"
+"imputation will harm, the reputation of such person, is said, except in the"
+"cases hereinafter expected, to defame that person."
+Explanation 1
+"It may amount to defamation to impute anything to a deceased person, if the"
+"imputation would harm the reputation of that person if living, and is intended"
+to be hurtful to the feelings of his family or other near relatives.
+Explanation 2
+It may amount to defamation to make an imputation concerning a company or
+an association or collection of persons as such.
+Explanation 3
+"An imputation in the form of an alternative or expressed ironically, may"
+amount to defamation.
+Explanation 4
+"No imputation is said to harm a person’s reputation, unless that imputation"
+"directly or indirectly, in the estimation of others, lowers the moral or"
+"intellectual character of that person, or lowers the character of that person in"
+"respect of his caste or of his calling, or lowers the credit of that person, or"
+"causes it to be believed that the body of that person is in a loathsome state, or"
+in a state generally considered as disgraceful.
+Illustrations
+(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause
+"it to be believed that Z did steal B’s watch. This is defamation, unless it fall"
+within one of the exceptions.
+"(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be"
+believed that Z stole B’s watch. This is defamation unless it fall within one of
+the exceptions.
+"(c) A draws a picture of Z running away with B’s watch, intending it to be"
+"believed that Z stole B’s watch. This is defamation, unless it fall within one of"
+the exceptions.
+First Exception.—Imputation of truth which public good requires to
+be made or published.—It is not defamation to impute anything which is
+"true concerning any person, if it be for the public good that the imputation"
+should be made or published. Whether or not it is for the public good is a
+question of fact.
+Second Exception.—Public conduct of public servants.—It is not
+defamation to express in a good faith any opinion whatever respecting the
+"conduct of a public servant in the discharge of his public functions, or"
+"respecting his character, so far as his character appears in that conduct, and"
+no further.
+Third Exception.—Conduct of any person touching any public
+question.—It is not defamation to express in good faith any opinion whatever
+"respecting the conduct of any person touching any public question, and"
+"respecting his character, so far as his character appears in that conduct, and"
+no further.
+Illustration
+It is not defamation in A to express in good faith any opinion whatever
+"respecting Z’s conduct in petitioning Government on a public question, in"
+"signing a requisition for a meeting on a public question, in presiding or"
+"attending a such meeting, in forming or joining any society which invites the"
+"public support, in voting or canvassing for a particular candidate for any situa-"
+tion in the efficient discharges of the duties of which the public is interested.
+Fourth Exception.—Publication of reports of proceedings of Courts.—
+It is not defamation to publish substantially true report of the proceedings of a
+"Court of Justice, or of the result of any such proceedings."
+Explanation
+A Justice of the Peace or other officer holding an inquiry in open Court
+"preliminary to a trial in a Court of Justice, is a Court within the meaning of the"
+above section.
+Fifth Exception.—Merits of case decided in Court or conduct of
+witnesses and others concerned.—It is not defamation to express in good
+"faith any opinion whatever respecting the merits of any case, civil or criminal,"
+"which has been decided by a Court of Justice, or respecting the conduct of any"
+"person as a party, witness or agent, in any such case, or respecting the"
+"character of such person, as far as his character appears in that conduct, and"
+no further.
+Illustrations
+(a) A says—“I think Z’s evidence on that trial is so contradictory that he must
+be stupid or dishonest”. A is within this exception if he says this is in good
+"faith, in as much as the opinion which he expresses respects Z’s character as it"
+"appears in Z’s conduct as a witness, and no further."
+(b) But if A says—“I do not believe what Z asserted at that trial because I know
+"him to be a man without veracity”; A is not within this exception, in as much"
+"as the opinion which he express of Z’s character, is an opinion not founded on"
+Z’s conduct as a witness.
+Sixth Exception.—Merits of public performance.—It is not defamation to
+express in good faith any opinion respecting the merits of any performance
+"which its author has submitted to the judgment of the public, or respecting the"
+"character of the author so far as his character appears in such performance,"
+and no further.
+Explanation
+A performance may be submitted to the judgment of the public expressly or by
+acts on the part of the author which imply such submission to the judgment of
+the public.
+Illustrations
+"(a) A person who publishes a book, submits that book to the judgment of the"
+public.
+"(b) A person who makes a speech in public, submits that speech to the"
+judgment of the public.
+"(c) An actor or singer who appears on a public stage, submits his acting or"
+signing in the judgment of the public.
+(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak
+man. Z’s book is indecent; Z must be a man of impure mind”. A is within the
+"exception, if he says this in good faith, in as much as the opinion which he"
+"expresses of Z respects Z’s character only so far as it appears in Z’s book, and"
+no further.
+"(e) But if A says—“I am not surprised that Z’s book is foolish and indecent, for"
+"he is a weak man and a libertine”. A is not within this exception, in as much as"
+the opinion which he expresses of Z’s character is an opinion not founded on
+Z’s book.
+Seventh Exception.—Censure passed in good faith by person having
+lawful authority over another.—It is not defamation in a person having
+"over another any authority, either conferred by law or arising out of a lawful"
+"contract made with that other, to pass in good faith any censure on the"
+conduct of that other in matters to which such lawful authority relates.
+Illustration
+"A Judge censuring in good faith the conduct of a witness, or of an officer of the"
+Court; a head of a department censuring in good faith those who are under his
+orders; a parent censuring in good faith a child in the presence of other
+"children; a school-master, whose authority is derived from a parent, censuring"
+in good faith a pupil in the presence of other pupils; a master censuring a
+servant in good faith for remissness in service; a banker censuring in good
+faith the cashier of his bank for the conduct of such cashier as such cashier—
+are within this exception.
+Eighth Exception.—Accusation preferred in good faith to authorised
+person.—It is not defamation to prefer in good faith an accusation against any
+person to any of those who have lawful authority over that person with respect
+to the subject-matter of accusation.
+Illustration
+If A in good faith accuse Z before a Magistrate; if A in good faith complains of
+"the conduct of Z, a servant, to Z’s master; if A in good faith complains of the"
+"conduct of Z, and child, to Z’s father—A is within this exception."
+Ninth Exception.—Imputation made in good faith by person for
+protection of his or other’s interests.—It is not defamation to make an
+imputation on the character of another provided that the imputation be made
+"in good faith for the protection of the interests of the person making it, or of"
+"any other person, or for the public good."
+Illustrations
+"(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z"
+"unless he pays you ready money, for I have no opinion of his honesty”. A is"
+"within the exception, if he has made this imputation on Z in good faith for the"
+protection of his own interests.
+"(b) A, a Magistrate, in making a report of his own superior officer, casts an"
+"imputation on the character of Z. Here, if the imputation is made in good"
+"faith, and for the public good, A is within the exception."
+Tenth Exception.—Caution intended for good of person to whom
+"conveyed or for public good.—It is not defamation to convey a caution, in"
+"good faith, to one person against another, provided that such caution be"
+"intended for the good of the person to whom it is conveyed, or of some person"
+"in whom that person is interested, or for the public good."
+Section 500. Punishment for defamation
+Whoever defames another shall be punished with simple imprisonment for a
+"term which may extend to two years, or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 2 years, or fine, or both—Non-"
+cognizable—Bailable—Triable by Court of Session—Compoundable by the
+person defamed.
+Para II
+"Punishment—Simple imprisonment for 2 years, or fine, or both—Non-"
+cognizable—Bailable—Triable by Magistrate of the first class—Compoundable
+by the person defamed with the permission of the court.
+Section 501. Printing or engraving matter known to be defamatory
+"Whoever prints or engraves any matter, knowing or having good reason to"
+"believe that such matter is defamatory of any person, shall be punished with"
+"simple imprisonment for a term which may extend to two years, or with fine,"
+or with both.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 2 years, or fine, or both—Non-"
+cognizable—Bailable—Triable by Court of Session—Compoundable by the
+person defamed.
+Para II
+"Punishment—Simple imprisonment for 2 years, or fine, or both—Non-"
+cognizable—Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+Section 502. Sale of printed or engraved substance containing defamatory matter
+Whoever sells or offers for sale any printed or engraved substance containing
+"defamatory matter, knowing that it contains such matter, shall be punished"
+"with simple imprisonment for a term which may extend to two years, or with"
+"fine, or with both."
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Simple imprisonment for 2 years, or fine, or both—Non-"
+cognizable—Bailable—Triable by Court of Session—Compoundable by the
+person defamed.
+Para II
+"Punishment—Simple imprisonment for 2 years, or fine, or both—Non-"
+cognizable—Bailable—Triable by Magistrate of the first class—Non-
+compoundable.
+Section 503. Criminal intimidation
+"Whoever threatens another with any injury to his person, reputation or"
+"property, or to the person or reputation of any one in whom that person is"
+"interested, with intent to cause alarm to that person, or to cause that person to"
+"do any act which he is not legally bound to do, or to omit to do any act which"
+"that person is legally entitled to do, as the means of avoiding the execution of"
+"such threat, commits criminal intimidation."
+Explanation
+A threat to injure the reputation of any deceased person in whom the person
+"threatened is interested, is within this section."
+Illustration
+"A, for the purpose of inducing B to desist from prosecuting a civil suit,"
+threatens to burn B’s house. A is guilty of criminal intimidation.
+Section 504. Intentional insult with intent to provoke breach of the peace
+"Whoever intentionally insults, and thereby gives provocation to any person,"
+intending or knowing it to be likely that such provocation will cause him to
+"break the public peace, or to commit any other offence, shall be punished with"
+"imprisonment of either description for a term which may extend to two years,"
+"or with fine, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person insulted.
+Section 505. Statements conducing to public mischief
+"[505. Statements conducing to public mischief.— [(1)] Whoever makes,"
+1 2
+"publishes or circulates any statement, rumour or report,"
+"(a) with intent to cause, or which is likely to cause, any officer, soldier, [sailor"
+3
+"or airman] in the Army, [Navy or Air Force] [of India] to mutiny or otherwise"
+4 5
+disregard or fail in his duty as such; or
+"(b) with intent to cause, or which is likely to cause, fear or alarm to the public,"
+or to any section of the public whereby any person may be induced to commit
+an offence against the State or against the public tranquility; or
+"(c) with intent to incite, or which is likely to incite, any class or community of"
+"persons to commit any offence against any other class or community,"
+"shall be punished with imprisonment which may extend to [three years], or"
+6
+"with fine, or with both."
+"7[(2) Statements creating or promoting enmity, hatred or ill-will"
+"between classes.—Whoever makes, publishes or circulates any statement or"
+"report containing rumour or alarming news with intent to create or promote,"
+"or which is likely to create or promote, on grounds of religion, race, place of"
+"birth, residence, language, caste or community or any other ground"
+"whatsoever, feelings of enmity, hatred or ill-will between different religious,"
+"racial, language or regional groups or castes or communities, shall be"
+"punished with imprisonment which may extend to three years, or with fine, or"
+with both.
+"(3) Offence under sub-section (2) committed in place of worship, etc."
+—Whoever commits an offence specified in sub-section (2) in any place of
+worship or in an assembly engaged in the performance of religious worship or
+"religious ceremonies, shall be punished with imprisonment which may extend"
+to five years and shall also be liable to fine.]
+"Exception.—It does not amount to an offence, within the meaning of this"
+"section when the person making, publishing or circulating any such statement,"
+"rumour or report, has reasonable grounds for believing that such statement,"
+"rumour or report is true and makes, publishes or circulates it [in good faith"
+8
+and] without any such intent as aforesaid.]
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—"
+Non-bailable—Triable by any Magistrate—Non-compoundable.
+Para II
+"Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-"
+bailable—Triable by any Magistrate—Non-compoundable.
+Para III
+Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—
+Triable by any Magistrate—Non-compoundable.
+"1. Subs. by Act 4 of 1898, sec. 6, for the original section 505."
+"2. Section 505 renumbered as sub-section (1) of that section by Act 35 of 1969,"
+sec. 3.
+"3. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”."
+"4. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”."
+5. Subs. by A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”.
+The words “or in the Royal Indian Marine” occurring after the words
+"“Majesty” were omitted by Act 35 of 1934, sec. 2 and Sch."
+"6. Subs. by Act 41 of 1961, sec. 4, for “two years” (w.e.f. 12-9-1961)."
+"7. Ins. by Act 35 of 1969, sec. 3 (w.e.f. 4-6-1969)."
+8. Subs. by A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”.
+The words “or in the Royal Indian Marine” occurring after the words
+"“Majesty” were omitted by Act 35 of 1934, sec. 2 and Sch."
+Section 506. Punishment for criminal intimidation
+"Whoever commits, the offence of criminal intimidation shall be punished with"
+"imprisonment of either description for a term which may extend to two years,"
+"or with fine, or with both;"
+"If threat be to cause death or grievous hurt, etc.—And if the threat be"
+"to cause death or grievous hurt, or to cause the destruction of any property by"
+"fire, or to cause an offence punishable with death or [imprisonment for life],"
+1
+"or with imprisonment for a term which may extend to seven years, or to"
+"impute, unchastity to a woman, shall be punished with imprisonment of either"
+"description for a term which may extend to seven years, or with fine, or with"
+both.
+CLASSIFICATION OF OFFENCE
+Para I
+"Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable-"
+Bailable—Triable by any Magistrate—Compoundable by the person
+intimidated.
+Para II
+"Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—"
+Bailable—Triable by Magistrate of the first class—Non-compoundable.
+State Amendment
+Uttar Pradesh
+"Imprisonment of 7 years, or fine or both—Cognizable—Non-bailable—Triable"
+by Magistrate of the first class—Non-compoundable.
+"Vide Notification No. 777/VIII 9-4(2)—87, dated 31st July, 1989, published in"
+"U.P. Gazette, Extra., Pt. A, Sec. (kha), dated 2nd August, 1989."
+–
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+Section 507. Criminal intimidation by an anonymous communication
+Whoever commits the offence of criminal intimidation by an anonymous
+"communication, or having taken precaution to conceal the name or abode of"
+"the person from whom the threat comes, shall be punished with imprisonment"
+"of either description for a term which may extend to two years, in addition to"
+the punishment provided for the offence by the last preceding section.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 2 years, in addition to the punishment under"
+above section—Non-cognizable—Bailable—Triable by Magistrate of the first
+class—Non-compoundable.
+Section 508. Act caused by inducing person to believe that he will be rendered an object
+of the Divine displeasure
+Whoever voluntarily causes or attempts to cause any person to do anything
+"which that person is not legally bound to do, or to omit to do anything which"
+"he is legally entitled to do, by inducing or attempting to induce that person to"
+believe that he or any person in whom he is interested will become or will be
+rendered by some act of the offender an object of Divine displeasure if he does
+"not do the thing which it is the object of the offender to cause him to do, or if"
+"he does the thing which it is the object of the offender to cause him to omit,"
+shall be punished with imprisonment of either description for a tem which
+"may extend to one year, or with fine, or with both."
+Illustrations
+"(a) A sits dharna at Z’s door with the intention of causing it to be believed that,"
+"by so sitting, he renders Z an object of Divine displeasure. A has committed"
+the offence defined in this section.
+"(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s"
+"own children, under such circumstances that the killing would be believed to"
+render Z an object of Divine displeasure. A has committed the offence defined
+in this section.
+CLASSIFICATION OF OFFENCE
+"Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the person against
+whom the offence was committed.
+"Section 509. Word, gesture or act intended to insult the modesty of a woman"
+"Whoever, intending to insult the modesty of any woman, utters any word,"
+"makes any sound or gesture, or exhibits any object, intending that such word"
+"or sound shall be heard, of that such gesture or object shall be seen, by such"
+"woman, or intrudes upon the privacy of such woman, 1[shall be punished with"
+"simple imprisonment for a term which may extend to three years, and also"
+with fine.]
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 1 year, or fine, or both—Cognizable—"
+Bailable—Triable by any Magistrate—Compoundable by the woman whom it
+was intended to insult or whose privacy was intruded upon with the
+permission of the court.
+"1. Inserted by Section 509 of ‘The Criminal Law (Amendment) Act, 2013′"
+Section 510. Misconduct in public by a drunken person
+"Whoever, in a state of intoxication, appears in any public place, or in any"
+"place, or in any place which it is a trespass in him to enter, and there conducts"
+"himself in such a manner as to cause annoyance to any person, shall be"
+punished with simple imprisonment for a term which may extend to twenty-
+"four hours, or with fine which may extend to ten rupees, or with both."
+CLASSIFICATION OF OFFENCE
+"Punishment—Simple imprisonment for 24 hours, or fine of 10 rupees, or both"
+—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
+Section 511. Punishment for attempting to commit offences punishable with
+imprisonment for life or other imprisonment
+Whoever attempts to commit an offence punishable by this Code
+"with [imprisonment for life] or imprisonment, or to cause such an offence to"
+1
+"be committed, and in such attempts does any act towards the commission of"
+"the offence, shall, where no express provision is made by this Code for the"
+"punishment of such attempt, be punished with [imprisonment of any"
+2
+"description provided for the offence, for a term which may extend to one-half"
+"of the imprisonment for life or, as the case may be, one-half of the longest"
+"term of imprisonment provided for that offence], or with such fine as is"
+"provided for the offence, or with both."
+Illustrations
+"(a) A makes an attempt to steal some jewels by breaking open a box, and finds"
+"after so opening the box, that there is no jewel in it. He has done an act"
+"towards the commission of theft, and therefore is guilty under this section."
+(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s
+pocket. A fails in the attempt in consequence of Z’s having nothing in his
+pocket. A is guilty under this section.
+CLASSIFICATION OF OFFENCE
+Punishment—Imprisonment for life or imprisonment not exceeding half of the
+"longest term provided for the offence, or fine, or both—According as the"
+offence is cognizable or non-cognizable—According as the offence attempted
+by the offender is bailable or not—Triable by the court by which the offence
+attempted is triable—Non-compoundable.
+—-
+"1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f."
+1-1-1956).
+"2. Subs. by Act 26 of 1955, sec. 117 and Sch., for certain original words (w.e.f."
+1-1-1956).
+"326A. Whoever causes permanent or partial damage or deformity to, or burns"
+"or maims or disfigures or disables, any part or parts of the body of a person or"
+causes grievous hurt by throwing acid on or by administering acid to that
+"person, or by using any other means with the intention of causing or with the"
+"knowledge that he is likely to cause such injury or hurt, shall be punished with"
+imprisonment of either description for a term which shall not be less than ten
+"years but which may extend to imprisonment for life, and with fine:"
+Provided that such fine shall be just and reasonable to meet the medical
+expenses of the treatment of the victim:
+Provided further that any fine imposed under this section shall be paid to the
+victim.
+326B. Whoever throws or attempts to throw acid on any person or attempts to
+"administer acid to any person, or attempts to use any other means, with the"
+intention of causing permanent or partial damage or deformity or burns or
+"maiming or disfigurement or disability or grievous hurt to that person, shall"
+be punished with imprisonment of either description for a term which shall
+"not be less than five years but which may extend to seven years, and shall also"
+be liable to fine.
+"Explanation 1.—For the purposes of section 326A and this section, “acid”"
+includes any substance which has acidic or corrosive character or burning
+"nature, that is capable of causing bodily injury leading to scars or"
+disfigurement or temporary or permanent disability.
+"Explanation 2.— For the purposes of section 326A and this section, permanent"
+or partial damage or deformity shall not be required to be irreversible.