THE INDIAN PENAL CODE, 1860

 

CONTENTS

 

Preamble                   

                       

CHAPTER-I

INTRODUCTION

 

1.         Title and extent of operation of the Code    

 

2.         Punishment of offences committed within India      

 

3.         Punishment of offences beyond but which by law may be tried within India

           

4.         Extension of Code to extra-territorial offences      

 

5.         Certain laws not to be affected by this Act  

 

CHAPTER-II

GENERAL EXPLANATIONS

 

6.         Definition in the Code to be understood subject to exceptions      

 

7.         Sense of expression once explained

 

8.         Gender           

 

9.         Number          

 

10.       “Man”, “Woman”    

 

11.       “Person”        

 

12.       “Public”         

 

13.       [Repealed]     

 

14.       “Servant of Government”    

 

15.       [Repealed]     

 

16.       [Repealed]     

 

17.       “Government”          

 

18.       “India”           

 

19.       “Judge”         

 

20.       “Court of Justice”     

 

21.       “Court of Justice”     

 

22.       “Movable Property” 

 

23.       “Wrongful gain”

 

“Wrongful loss”

 

Gaining wrongfully, losing wrongfully          

 

24.       “Dishonestly           

 

25.       “Fraudulently”          

 

26.       “Reason to believe” 

 

27.       “Property in possession of wife, clerk or servant” 

 

28.       “Counterfeit”

 

29.       “Document”  

 

29A.    “Electronic Record”

 

30.       “Valuable security”  

 

31.       “A will”          

 

32.       Words referring to acts include illegal omissions   

 

33.       “Act”, “Omission”    

 

34.       Acts done by several persons in furtherance of common intention

           

35.       When such an act is criminal by reasons of its being done with a criminal knowledge or intention.

           

36.       Effect caused partly by act and partly by omission 

 

37.       Co-operation by doing one of several acts constituting an offence

           

38.       Persons concerned in criminal act may be guilty of different offences

           

39.       “Voluntarily” 

 

40.       “Offence”      

 

41.       “Special law” 

 

42.       “Local law”   

 

43.       “Illegal”, “Legally bound to do”      

 

44.       “Injury”         

 

45.       “Life”

 

46.       “Death”         

 

47.       “Animal”       

 

48.       “Vessel”        

 

49.       “Year, “Month”        

 

50.       “Section”       

 

51.       “Oath”           

 

52.       “Good faith”  

 

52A.    “Harbor”       

 

CHAPTER-III

OF PUNISHMENTS

 

53.       Punishment    

 

53A.    Construction of reference to transportation

 

54.       Commutation of sentence of death  

 

55.       Commutation of sentence of imprisonment for life 

 

55A.    Definition of “appropriate Government      

 

56.       [Repealed]     

 

57.       [Repealed]     

 

58.       [Repealed]     

 

59.       [Repealed]     

 

60.       Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.

           

61.       [Repealed]     

 

62.       [Repealed]     

 

63.       Amount of fine           

 

64.       Sentence of imprisonment for non-payment of fine

 

65.       Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.

           

66.       Description imprisonment for non-payment of fine 

 

67.       Imprisonment for non-payment of fine, when offence punishable with fine only

           

68.       Imprisonment to terminate on payment of fine       

 

69.       Termination of imprisonment on payment of proportional part of fine

           

70.       Fine leviable within six years, or during imprisonment-death not to discharge property from liability

           

71.       Limit of punishment of offence made up of several offences         

 

72.       Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which            

 

73.       Solitary confinement 

 

74.       Limit of solitary confinement           

 

75.       Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.

           

            CHAPTER-IV

GENERAL EXCEPTIONS

           

76.       Act done by a person bound, or by mistake of fact believing himself bound, by law.

           

77.       Act of judge when acting judicially   

 

78.       Act done pursuant to the judgment or order of Court         

 

79.       Act done by a person justified, or by mistake of fact believing himself justified, by law.

           

80.       Accident in doing a lawful act           

 

81.       Act likely to cause harm, but done without criminal intent, and to prevent other harm.

           

82.       Act of a child under seven years of age       

 

83.       Act of a child above seven and under twelve of immature understanding

           

84.       Act of a person of unsound mind      

 

85.       Act of a person incapable of judgment by reason of intoxication caused against his will

           

86.       Offence requiring a particular intent or knowledge committed by one who is intoxicated.

           

87.       Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

                       

88.       Act not intended to cause death, done by consent in good faith for person’s benefit.

           

89.       Act done in good faith for benefit of child or insane person, by or by consent of guardian provisos

           

90.       Consent known to be given under fear or misconception

Consent of insane person

 

Consent of child        

 

91.       Exclusion of acts which are offences independently of harm caused

           

92.       Act done in good faith for benefit of a person without consent

 

Provisos

           

93.       Communication made in good faith  

 

94.       Act to which a person is compelled by threats        

 

95.       Act causing slight harm        

 

Of the Right of Private Defence

 

96.       Things done in private defence        

 

97.       Right of private defence of the body and of property         

 

98.       Right of private defence against the act of a person of unsound mind, etc.

           

99.       Act against which there is no right of private defence.

 

Extent to which the right may be exercised

           

100.     When the right of private defence of the body extends to causing death

           

101.     When such right extends to causing any harm other than death

           

102.     Commencement and continuance of the right of private defence of the body.

           

103.     When the right of private defence of property extends to, causing death

           

104.     When such right extends to causing any harm other than death

           

105.     Commencement and continuance of the right of private defence of property.

           

106.     Right of private defence against deadly assault when there is risk of harm to innocent person.

           

CHAPTER-V

OF ABETMENT

 

107.     Abetment of a thing  

 

108.     Abettor          

 

108A.  Abetment in India of offence outside India 

 

109.     Punishment of abetment if the act abetted is committed in consequence, and were no express provision is made for its punishment.

           

110.     Punishment of abetment if person abetted does act with different intention from that of abettor.

           

111.     Liability of abettor when one act abetted and different act done

 

Proviso

           

112.     Abettor when liable to cumulative punishment for act abetted and for act done

           

113.     Liability of abettor for an effect caused by the act abetted different from that intended by the abettor.

           

114.     Abettor present when offence is committed

 

115.     Abetment of offence punishable with death or imprisonment for life-if offence not committed.

           

116.     Abetment of offence punishable with imprisonment-if offence be not committed

           

117.     Abetting commission of offence by the public or by more than ten persons

           

118.     Concealing design to commit offence punishable with death or imprisonment for life.

 

If offence be committed

           

119.     Public servant concealing design to commit offence which it is his duty to prevent

 

If offence be committed

 

If offence be punishable with death, etc.

 

If offence be not committed

           

120.     Concealing design to commit offence punishable with imprisonment

 

If offence be committed-if offence be not committed

           

CHAPTER-VA

CRIMINAL CONSPIRACY

 

120A.  Definition of criminal conspiracy     

 

120B.  Punishment of criminal conspiracy   

 

CHAPTER-VI

OF OFFENCES AGAINST THE STATE

 

121.     Waging, or attempting to wages war, or abetting waging of war, against the Government of India.

           

121A.  Conspiracy to commit offences punishable by section 121

 

122.     Collecting arms, etc., with intention of waging war against the Government of India.

           

123.     Concealing with intent to facilitate design to wage war      

 

124.     Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.

           

124A.  Sedition          

 

125.     Waging war against any Asiatic Power in alliance with the Government of India

           

126.     Committing depredation on territories of Power at peace with the Government of India.

           

127.     Receiving property taken by war on depredation mentioned in sections 125 and 126

           

128.     Public servant voluntarily allowing prisoner of State or war to escape

           

129.     Public servant negligently suffering such prisoner to escape         

 

130.     Aiding escape o, rescuing or harbouring such prisoner      

 

CHAPTER-VII

OF OFFENCES RELATING TO THE ARMY,
NAVY AND AIR FORCE

 

131.     Abetting mutiny, or attempting to seduce a  soldier, sailor or airman from his duty.

           

132.     Abetment of mutiny, if mutiny is committed in consequence thereof

           

133.     Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.

           

134.     Abetment of such assault, if the assault is committed        

 

135.     Abetment of desertion of soldier, sailor or airman             

 

136.     Harbouring deserter 

 

137.     Deserter concealed on board merchant vessel through negligence of master

           

138.     Abetment of act of insubordination by soldier, sailor or airman

           

138A.  [Repealed]     

 

139.     Persons subject to certain acts         

 

140.     Wearing garb or carrying token used by soldier, sailor or airman

           

CHAPTER-VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILITY

 

141.     Unlawful assembly    

 

142.     Being member or unlawful assembly           

 

143.     Punishment    

 

144.     Joining unlawful assembly armed with deadly weapon       

 

145.     Joining or continuing in unlawful assembly, knowing it has been commanded to disperse

           

146.     Rioting           

 

147.     Punishment for rioting          

 

148.     Rioting armed with deadly weapon  

 

149.     Every member of unlawful assembly guilty of offence committed in prosecution of common object.

           

150.     Hiring, or conniving at hiring, of persons to join unlawful assembly

           

151.     Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.

           

152.     Assaulting or obstructing public servant when suppressing riot, etc.

           

153.     Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed

           

153A.  Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing act prejudicial to maintenance of harmony.

 

Offence committed in place of worship, etc.

           

153B.  Imputations, assertions prejudicial to national-integration

 

154.     Owner or occupier of land on which an unlawful assembly is held

           

155.     Liability of person for whose benefit riot is committed       

 

156.     Liability of agent of owner or occupier for whose benefit riot is committed

           

157.     Harbouring persons hired for an unlawful assembly           

 

158.     Being hired to take part in an unlawful assembly or riot

 

Or to go armed

           

159.     Affray

 

160.     Punishment for committing affray    

 

CHAPTER-IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

 

161. to 165A [Repealed]       

 

166.     Public servant disobeying law, with intent to cause injury to any person  

 

167.     Public servant framing an incorrect document with intent to cause injury

           

168.     Public servant unlawfully engaging in trade

 

169      Public servant unlawfully buying or bidding for property

 

170.     Personating a public servant

 

171.     Wearing garb or carrying token used by public servant with fraudulent intent

 

CHAPTER IXA

OF OFFENCES RELATING TO ELECTIONS

 

171A.  “Candidate”, “Electoral right” defined

 

171B.  Bribery

 

171C.  Undue influence at elections

 

171D.  Personation at elections

 

171E.   Punishment for bribery

 

171F.   Punishment for undue influence or personation at an election

 

171G.  False statement in connection with an election

 

171H.  Illegal payments in connection with an election

 

171I.    Failure to keep election accounts

 

CHAPTER X

OF CONTEMPTS OF THE LAWFUL

AUTHORITY OF PUBLIC SERVANTS

 

172.     Absconding to avoid service of summons or other proceeding

 

173.     Preventing servic4e of summons or other proceeding, or preventing publication thereof

 

174.     Non-attendance in obedience to an order from public servant

 

175.     Omission to produce document to public servant by person legally bound to produce it

 

176.     Omission to give notice or information to public servant by person legally bound to give it

 

177.     Furnishing false information

 

178.     Refusing oath or affirmation when duly required by public servant to make it

 

179.     Refusing to answer public servant authorised to question

 

180.     Refusing to sign statement

 

181.     False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation

 

182.     False information, with intent to cause public servant to use his lawful power to the injury of another person

 

183.     Resistance to the taking of property by the lawful authority of a public servant

 

184.     Obstructing sale of property offered for sale by authority of public servant

 

185.     Illegal purchase or bid for property offered for sale by authority of public servant

 

186.     Obstructing public servant in discharge of public functions

 

187.     Omission to assist public servant when bound by law to give assistance

 

188.     Disobedience to order duly promulgated by public servant

 

189.     Threat of injury to public servant

 

190.     Threat of injury to induce person to refrain from applying for protection to public servant

 

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES

AGAINST PUBLIC JUSTICE

 

191.     Giving false evidence

 

192.     Fabricating false evidence

 

193.     Punishment for false evidence

 

194.     Giving or fabricating false evidence with intent to procure conviction of capital offence

 

If innocent person be thereby convicted and executed

 

195.     Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

 

196.     Using evidence known to be false

 

197.     Issuing or singing false certificate

 

198.     Using as true a certificate known to be false

 

199.     False statement made in declaration which is by law receivable as evidence

 

200.     Using as true such declaration knowing it to be false

 

201.     Causing disappearance of evidence of offence, or giving false information to screen offender.

 

If a capital offence.

 

If punishable with imprisonment for life.

 

If punishable with less than ten years’ imprisonment.

 

202.     Intentional omission to give information of offence by person bound to inform

 

203.     Giving false information respecting an offence committed

 

204.     Destruction of document to prevent its production as evidence

 

205.     False personation for purpose of act or proceeding in suit or prosecution

 

206.     Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

 

207.     Fraudulent claim to property to prevent its seizure as forfeited

 

208.     Fraudulently suffering decree for sum not due

 

209.     Dishonestly making false claim in Court

 

210.     Fraudulently obtaining decree for sum not due

 

211.     False charge of offence made with intent to injure

 

212.     Harbouring offender

 

If a capital offence

 

If punishable with imprisonment for life, or with imprisonment

 

213.     Taking gift, etc., to screen an offender from punishment

 

If a capital offence

 

If punishable with imprisonment for life, or with imprisonment

 

214.     Offering gift o restoration of property in consideration of screening offender

 

If a capital offence

 

If punishable with imprisonment for life, or with imprisonment

 

215.     Taking gift to help to recover stolen property, etc.

 

216.     Harbouring offender who has escaped from custody or whose apprehension has been ordered.

 

If capital offence

 

If punishable with imprisonment for life, or with imprisonment

 

216A.  Penalty for harbouring robbers or dacoits

 

216B.  [Repealed]

 

217.     Public servant disobeying direction of law with intent to save person from punishment or property fro forfeiture

 

218.     Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

 

219.     Public servant in judicial proceeding corruptly making report, etc., contrary to law

 

220.     Commitment for trail or confinement by person having authority who knows that he is acting contrary to law

 

221.     Intentional omission to apprehend on the part of public servant bound to apprehend

 

222.     Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

 

223.     Escape from confinement or custody negligently suffered by public servant

 

224.     Resistance or obstruction by a person to his lawful apprehension

 

225.     Resistance or obstruction to lawful apprehension of another person

 

225A.  Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

 

225B.  Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for

 

226.     [Repealed]

 

227.     Violation of condition of remission of punishment

 

228.     Intentional insult or interruption to public servant sitting in judicial proceeding

 

228A.  Disclosure of identity of the victim of certain offences etc.

 

229.     Personation of a juror or assessor

 

CHAPTER XII

OF OFFENCES RELATING TO COIN AND

GOVERNMENT STAMPS

 

230.     “Coin” defined

 

Indian coin

 

231.     Counterfeiting coin

 

232.     Counterfeiting Indian coin

 

233.     Making or selling instrument for counterfeiting coin

 

234.     Making or selling instrument for counterfeiting Indian coin

 

235.     Possession of instrument or material for the purpose of using the same for counterfeiting coin.

 

If Indian coin

 

236.     Abetting in India the counterfeiting out of India of coin

 

237.     Import or export of counterfeit coin

 

238.     Import or export of counterfeits of the Indian coin

 

239.     Delivery of coin, possessed with knowledge that it is counterfeit

 

240.     Delivery of Indian coin, possessed with knowledge that it is counterfeit

 

241.     Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit

 

242.     Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof

 

243.     Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof

 

244.     Person employed in mint causing coin to be of different weight or composition from that fixed by law

 

245.     Unlawfully taking coining instrument from mint

 

246.     Fraudulently or dishonestly diminishing weight or altering composition of coin

 

247.     Fraudulently or dishonestly diminishing weight or altering composition of Indian coin

 

248.     Altering appearance of coin with intent that it shall pass as coin of different description

 

249.     Altering appearance of Indian coin with intent that it shall pass as coin of different description

 

250.     Delivery of coin, possessed with knowledge that it is altered

 

251.     Delivery of Indian coin, possessed with knowledge that it is altered

 

252.     Possession of coin by person who knew it to be altered when he became possessed thereof

 

253.     Possession of Indian coin by person who knew it to be altered when he became possessed thereof

 

254.     Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be altered

 

255.     Counterfeiting Government stamp

 

256.     Having possession of instrument or material for counterfeiting Government stamp

 

257.     Making or selling instrument for counterfeiting Government stamp

 

258.     Sale of counterfeit Government stamp

 

259.     Having possession of counterfeit Government stamp

 

260.     Using Government stamp known to have been before used

 

261.     Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government

 

262.     Using Government stamp known to have been before used

 

263.     Erasure of mark denoting that stamp has been used

 

263A.  Prohibition of fictitious stamp

 

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

 

264      Fraudulent use of false instrument for weighing

 

265.     Fraudulent use of false weight or measure

 

266.     Being in possession of false weight or measure

 

267.     Making or selling false weight or measure

 

CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,

CONVENIENCE, DECENCY AND MORALS

 

268.     Public nuisance

 

269.     Negligent act likely to spread infection of disease dangerous to life

 

270.     Malignant act likely to spread infection of disease dangerous to life

 

271.     Disobedience to quarantine rule

 

272.     Adulteration of food or drink intended for sale

 

273.     Sale of noxious food or drink

 

274.     Adulteration of drugs

 

275.     Sale of adulterated drugs

 

276.     Sale of drug as a different drug or preparation

 

277.     Fouling water of public spring or reservoir

 

278.     Making atmosphere noxious to health

 

279.     Rash driving or riding on a public way

 

280.     Rash navigation of vessel

 

281.     Exhibition of false light, mark or buoy

 

282.     Conveying person by water for hire in unsafe or overloaded vessel

 

283.     Danger or obstruction in public way or l9ine of navigation

 

284.     Negligent conduct with respect to poisonous substance

 

285.     Negligent conduct with respect to fire or combustible matter

 

286.     Negligent conduct with respect to explosive substance

 

287.     Negligent conduct with respect to machinery

 

288.     Negligent conduct with respect to pulling down or repairing buildings

 

289.     Negligent conduct with respect to animal

 

290.     Punishment for public nuisance in cases not otherwise provided for

 

291.     Continuance of nuisance after injunction to discontinue

 

292.     Sale, etc., of obscene books, etc.

 

292A.  Printing, etc., of grossly indecent or securrilous matter or matter intended for blackmail

 

293.     Sale, etc. of obscene objects to young person

 

294.     Obscene acts and songs

 

294A.  Keeping lottery-office

CHAPTER XV

OF OFFENCES RELATING TO RELIGION

 

295.     Injuring or defiling place or worship with intent to insult the religion of any class

 

295A.  Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs

 

296.     Disturbing religious assembly

 

297.     Trespassing on burial places, etc.

 

298.     Uttering, words, etc., with deliberate intent to wound the religious feelings of any person

 

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

OF OFFENCES AFFECTING LIFE

 

299.     Culpable homicide

 

300.     Murder When culpable homicide is not murder

 

301.     Culpable homicide by causing death or person other than person whose death was intended

 

302.     Punishment for murder

 

303.     Punishment for murder by life-convict

 

304.     Punishment for culpable homicide not amounting to murder

 

304A.  Causing death by negligence

 

304B.  Dowry death

 

305.     Abetment of suicide of child or insane person

 

306.     Abetment of suicide

 

307.     Attempt to murder

 

Attempts by life convicts

 

308.     Attempt to commit culpable homicide

 

309.     Attempt to commit suicide

 

310.     Thug

 

311.     Punishment

 

OF THE CAUSING OF MISCARRIAGE, OF INJURIES TO UNBORN CHILDREN, OF THE EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS.

 

312.     Causing miscarriage

 

313.     Causing miscarriage without woman’s consent

 

314.     Death caused by act done with intent to cause miscarriage.

 

If act done without woman’s consent

 

315.     Act done with intent to prevent child being born alive or to cause it to die after birth

 

316.     Causing death of quick unborn child by act amounting to culpable homicide

 

317.     Exposure and abandonment of child under twelve years, by parent or person having care of it

OF HURT

 

318.     Concealment of birth by secret disposal of dead body

 

319.     Hurt

 

320.     Grievous hurt

 

321.     Voluntarily causing hurt

 

322.     Voluntarily causing grievous hurt.

 

323.     Punishment for voluntarily causing hurt

 

324.     Voluntarily causing hurt by dangerous weapons or means

 

325.     Punishment for voluntarily causing grievous hurt

 

326.     Voluntarily causing grievous hurt by dangerous weapons or means

 

327.     Voluntarily causing hurt to extort property, or to constrain to an illegal act

 

328.     Causing hurt by means of poison, etc. with intent to commit an offence

 

329.     Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

 

330.     Voluntarily causing hurt to extort confession, or to compel restoration of property

 

331.     Voluntarily causing grievous hurt to extort confession, or to compel restoration of property

 

332.     Voluntarily causing hurt to deter public servant from his duty

 

333.     Voluntarily causing grievous hurt to deter public servant from his duty

 

334.     Voluntarily causing hurt on provocation

 

335.     Voluntarily causing grievous hurt on provocation

 

336.     Act endangering life or personal safety of others

 

337.     Causing hurt by act endangering life or personal safety of others

 

338.     Causing grievous hurt by act endangering life or personal safety of others

 

OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

 

339.     Wrongful restraint

 

340.     Wrongful confinement

 

341.     Punishment for wrongful restraint

 

342.     Punishment for wrongful confinement

 

343.     Wrongful confinement for three or more days

 

344.     Wrongful confinement for ten or more days

 

345.     Wrongful confinement of person for whose liberation writ has been issued

 

346.     Wrongful confinement in secret

 

347.     Wrongful confinement to extort property, or constrain to illegal act

 

348.     Wrongful confinement to extort confession, or compel restoration of property

 

OF CRIMINAL FORCE AND ASSAULT

 

349.     Force

 

350.     Criminal force

 

351.     Assault

 

352.     Punishment for assault or criminal force otherwise than on grave provocation

 

353.     Assault or criminal force to deter public servant from discharge of his duty

 

354.     Assault or criminal force to woman with intent to outrage her modesty

 

355.     Assault or criminal force with intent to dishonour person, otherwise than on grave provocation

 

356.     Assault of criminal force in attempt to commit theft of property carried by a person

 

357.     Assault or criminal force in attempt wrongfully to confine a person

 

358.     Assault or criminal force on grave provocation

 

OF KIDNOPPING ABDUCTION, SLAVERY AND FORCED LABOUR

 

359.     Kidnapping

 

360.     Kidnapping from India

 

361.     Kidnapping from lawful guardianship

 

362.     Abduction

 

363.     Punishment for kidnapping

 

363A.  Kidnapping or maiming a minor for purposes of begging

 

364.     Kidnapping or abducting in order to murder

 

364A.  Kidnapping for ransom, etc.

 

365.     Kidnapping or abducting with intent secretly and wrongfully to confine person

 

366.     Kidnapping, abducting or inducing woman to compel her marriage, etc.

 

366A.  Procuration of minor girl

 

367.     Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

 

368.     Wrongfully concealing or keeping in confinement, kidnapped or abducted person

 

369.     Kidnapping or abducting child under ten yeas with intent to steal from its person

 

370.     Buying or disposing of any person as a slave

 

371.     Habitual dealing in slaves

 

372.     Selling minor for purposes of prostitution, etc.

 

373.     Buying minor for purposes of prostitution, etc.

 

374.     Unlawful compulsory labour

 

SEXUAL OFFENCES

375.     Rape

 

376.     Punishment for rape

 

376A.  Intercourse by a man with his wife during separation

 

376B.  Intercourse by public servant with woman in his custody

 

376C.  Intercourse by superintendent of jail, remand home, etc.

 

376D.  Intercourse by any member of the management of staff of a hospital with any woman in that hospital

 

 

OF UNNATURAL OFFENCES

 

377.     Unnatural offences

 

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

 

OF THEFT

378.     Theft

 

379.     Punishment for theft

 

380.     Theft in dwelling house, etc.

 

381.     Theft by clerk or servant of property in possession of master

 

382.     Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

 

OF EXTORTION

 

383.     Extortion

 

384.     Punishment for extortion

 

385.     Putting person in fear of injury in order to commit extortion

 

386.     Extortion by putting a person in fear of death or grievous hurt to

 

387.     Putting person in fear of death or of grievous hurt, in order to commit extortion

 

388.     Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.

 

OF ROBBERY AND DACOITY

 

389.     Putting person in fear of accusation of offence, in order to commit extortion

 

390.     Robbery

 

When theft is robbery

 

When extortion is robbery

 

391.     Dacoity

 

392.     Punishment for robbery

 

393.     Attempt to commit robbery

 

394.     Voluntarily causing hurt in committing robbery

 

395.     Punishment for dacoity

 

396.     Dacoity with murder

 

397.     Robbery, or dacoity, with attempt to cause death or grievous hurt

 

398.     Attempt to commit robbery or dacoity when armed with deadly weapon

 

399.     Making preparation to commit dacoity

 

400.     Punishment for belonging to gang of dacoits

 

401.     Punishment for belonging to gang of thieves

 

402.     Assembling for purpose of committing dacoity

 

OF CRIMINAL MISAPPROPRIATION OF PROPERTY

 

403.     Dishonest misappropriation of property

 

404.     Dishonest misappropriation of property possessed by deceased person at the time of his death

 

OF CRIMINAL BREACH OF TRUST

 

405.     Criminal breach of trust

 

406.     Punishment for criminal breach of trust

 

407.     Criminal breach of trust by carrier, etc.

 

408.     Criminal breach of trusty by clerk or servant

 

409.     Criminal breach of trust by public servant, or by banker, merchant or agent

 

OF THE RECEIVING OF STOLEN PROPERTY

 

410.     Stolen property

 

411.     Dishonestly receiving stolen property

 

412.     Dishonestly receiving property stolen in the commission of a dacoity

 

413.     Habitually dealing in stolen property

 

414.     Assisting in concealment of stolen property

 

OF CHEATING

415.     Cheating

 

416.     Cheating by personation

 

417.     Punishment for cheating

 

418.     Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect

 

419.     Punishment for cheating by personation

 

420.     Cheating ad dishonestly inducing delivery of property

 

OF FRAUDULENT DEEDS AND DISPOSITION OF PROPERTY

 

421.     Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

 

422.     Dishonestly or fraudulently preventing debt being available for creditors

 

423.     Dishonest or fraudulent execution of deed of transfer containing false statement of consideration

 

424.     Dishonest or fraudulent removal or concealment of property

 

OF MISCHIEF

425.     Mischief

 

426.     Punishment for mischief

 

427.     Mischief causing damage to the amount of fifty rupees

 

428.     Mischief by killing or maiming  animal of the value of ten rupees.

 

429.     Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees

 

430.     Mischief by injury to works of irrigation or by wrongfully diverting water

 

431.     Mischief by injury to public road, bridge, river or channel

 

432.     Mischief by causing inundation or obstruction to public drainage attended with damage

 

433.     Mischief by destroying, moving or rendering less useful a light-house or sea-mark

 

434.     Mischief by destroying or moving, etc., a land mark fixed by public authority

 

435.     Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees

 

436.     Mischief by fire or explosive substance with intent to destroy house, etc.

 

437.     Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden

 

438.     Punishment for the mischief described in section 437 committed by fire or explosive substance

 

439.     Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

 

440.     Mischief committed after preparation made for causing death or hurt

 

OF CRIMINAL TRESPASS

441.     Criminal trespass

 

442.     House trespass

 

443.     Lurking house-trespass

 

444.     Lurking house-trespass by night

 

445.     House breaking

 

446.     House-breaking by night

 

447.     Punishment for criminal trespass

 

448.     Punishment for house-trespass

 

449.     House-trespass in order to commit offence punishable with death

 

450.     House-trespass in order to commit offence punishable with imprisonment for life

 

451.     House-trespass in order to commit offence punishable with imprisonment

 

452.     House-trespass after preparation for hurt, assault or wrongful restraint

 

453.     Punishment for lurking house-trespass or house-breaking

 

454.     Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

 

455.     Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint

 

456.     Punishment for lurking house-trespass or house-breaking by night

 

457.     Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

 

458.     Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

 

459.     Grievous hurt caused whilst committing lurking house-trespass or house-breaking

 

460.     All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

 

461.     Dishonestly breaking open receptacle containing property

 

462.     Punishment for same offence when committed by person entrusted with custody

 

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS

AND TO PROPERTY MARKS

463.     Forgery

 

464.     Making a false document

 

465.     Punishment for forgery

 

466.     Forgery of record of court or of public register, etc.

 

467.     Forgery of valuable security, will etc.

 

468.     Forgery for purpose of cheating

 

469.     Forgery for purpose of harming reputation

 

470.     Forged document

 

471.     Using as genuine a forged document

 

472.     Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467

 

473.     Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise

 

474.     Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine

 

475.     Counterfeiting device or mark used for authenticating documents  described in section 467, or possessing counterfeit marked material

 

476.     Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

 

477.     Fraudulent cancellation, destruction, etc. of will, authority to adopt, or valuable security

 

477A.  Falsification of accounts

 

OF PROPERTY AND OTHER MARKS

478.     [Repealed]

 

479.     Property mark

 

480.     [Repealed]

 

481.     Using a false property mark

 

482.     Punishment for using a false property mark

 

483.     Counterfeiting a property mark used by another

 

484.     Counterfeiting a mark used by a public servant

 

485.     Marking or possession of any instrument for counterfeiting a property mark

 

486.     Selling goods marked with a counterfeit property mark

 

487.     Making a false mark upon any receptacle containing goods

 

488.     Punishment for making use of any such false mark

 

489.     Tampering with property mark with intent to cause injury

 

OF CURRENCY-NOTES AND BOOK-NOTES

 

489A.  Counterfeiting currency-notes or bank-notes

 

489B.  Using as genuine, forged or counterfeit currency-notes or bank-notes

 

489C.  Possession of forged or counterfeit currency-notes or bank-notes

 

489D.  Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes

 

489E.   Making or using documents resembling currency-notes or bank-notes

 

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490.     [Repealed]

 

491.     Breach of contract to attend on and supply wants of helpless person

 

492.     [Repealed]

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

 

493.     Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

 

494.     Marrying again during lifetime of husband or wife

 

495.     Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

 

496.     Marriage ceremony fraudulently gone through without lawful marriage

 

497.     Adultery

 

498.     Enticing or taking away or detaining with criminal intent a married woman

 

CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

 

498A.  Husband or relative of husband of a woman subjecting her to cruelty

 

CHAPTER XXI

OF DEFAMATION

499.     Defamation

 

Imputation of truth which public good requires to be made or published

 

Public conduct of public servant

 

Conduct of any person touching any public question

 

Publication of reports of proceedings of Courts

 

Merits of case decided in Court or conduct of witnesses and others concerned

 

Merits of public performance

 

Censure passed in good faith by person having lawful authority over another.

 

Accusation preferred in good faith to authorised person

 

Imputation made in good faith by person for protection of his or other’s interests

 

Caution intended for good of person to whom conveyed or for public good

 

500.     Punishment for defamation

 

501.     Printing or engraving matter known to be defamatory

 

502.     Sale of printed or engraved substance containing defamatory matter.

 

CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

 

503.     Criminal intimidation

 

504.     Intentional insult with intent to provoke breach of the peace

 

505.     Statement conducing to public mischief.

 

Statements creating or promoting enmity, hatred or ill-will between classes

 

Offence under sub-section (2) committed in place of worship, etc

 

506.     Punishment for criminal intimidation

 

If threat be to cause death or grievous hurt, etc.

 

507.     Criminal intimidation by an anonymous communication

 

508.     Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

 

509.     Word, gesture or act intended to insult the modesty of a woman

 

510.     Misconduct in public by a drunken person

 

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

511.     Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

 

THE INDIAN PENAL CODE, 1860

(45 OF 1860) 1

 

[6th October, 1860.]

 

1.         The Indian Penal Code has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared in force in-

 

            Sonthal Parganas, by the Sonthal Parganas Settlement Regulation 1872 (3 of 1872), sec. 2. Panth Piploda Laws Regulation, 1929 (1 of 1929), sec. 2 and Sch.;

 

Khondmals District, by the Khondmals Laws Regulation, 1936 (4 of 1936), sec. 3 and Sch.; and Angul District, by the Angul Laws Regulation, 1936 (5 of 1936), sec. 3 and Sch. It has been declared under sec.3 (a) of the scheduled Districts Act, 1874 (14 of 1874), to be in force in the following scheduled Districts, namely the United Provinces Tarai Districts, see Gazette of India, 1876, Pt. I, p. 505; the Districts of Hazaribagh, Lohardaga (now called the Ranchi District, see Calcutta Gazette, 1899, Pt. I, p. 44) and Manbhum and Parganas.

 

Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt. I, p. 504. It has been extended under section 5 of the same Act to the Lushai Hills; see Gazette of India, 1898, Pt. II, p. 345.

 

The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, sec. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, sec.2 and Sch. I; to Pondicherry by Reg. 7 of 1963, sec.3 and Sch. I and to Laccadive, Minicoy and Amindivi Islands by Reg.8 of 1965, sec.3 and Sch. It has been extended to the State of Sikkim w.e.f. 13-9-1994 vide Notification No. S.O. 516(E), dated 9th July, 1994.

 

CHAPTER I

INTRODUCTION

 

Preamble: - WHEREAS it is expedient to provide a general Penal Code for 1[India]; It is enacted as follows: -

 

1.         The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec.3 and Sch. to read as above.

                    

1.         Title and extant of operation of the Code. —This act shall be called the Indian Penal Code, and shall 1 (extend to the whole of India 2[except the State of Jammu and Kashmir]].

 

1.         The original wards have successively been amended by the Act of 12 of 1891, sec.2 and Sch.I the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

2.         Subs. by Act 3 of 1951, sec.3 and Sch., for “except Part B States”.

 

2.         Punishment of offences committed within India. —Every person shall be liable punishment under this Code and not otherwise for every act of omission contrary to the provisions thereof, of which, he shall be guilty within 1[India] 2[***].

 

1.         The original words “the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec.3 and sch. to read as above.

2.         The words and figures “on or after the said first day of May, 1861” rep. by Act 12 of 1891, sec.2 and Sch.I.

 

3.         Punishment of offences committed beyond, but which by law may be tried within, India. —Any person liable, by any 1(Indian law) to be tried for an offence committed beyond 2(India) shall be dealt with according to the provisions of this Code for any act committed beyond 2(India) in the same manner as if such act had been committed within 3[India].

 

1.         Subs. by the A.O. 1937 for “law passed by the Governor General of India in Council”.

2.         The original wards “the limits of the said territories” have successively been amended by the A.O.1937 the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch. to read as above.

3.         The original words “the said territories” have successively been amended by the A.O. 1950 and Act 3 of 1951, sec 3 and Schedule, to read as above.

 

1[4.      Extension of Code to extra-territorial offences. —The provisions of this Code apply also to any offence committed by—

 

2[(1)     Any citizen of India in any place without and beyond India;

 

(2)        Any person on any ship of aircraft registered in India wherever it may be.]

 

Explanation. —In this section the word “offence” includes every act committed outside 3[India] which, If committed in 3[India], would be punishable under this code.

 

4[Illustration]

 

5[*** A, 6[who is 7[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 3[India] in which he may be found.

 

8[*                *        *]

 

1.         Subs. by Act 4 of 1898, sec. 2, for the original section.

2.         Subs. by the A.O. 1950, for clauses (1) to (4).

3.         The words “British India” have been successively amended by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and Sch. to read as above.

4.         Subs. by Act 36 of 1957, sec.3 and sch. II, for “Illustrations”.

5.         The bracket and letter “a” omitted by Act 36 of 1957, sec.3 and sch. II.

6.         Subs. by the A.O.1948, for “a coolie, who is a Native Indian subject”.

7.         Subs. by the A.O.1950, for “a British subject of Indian domicile”.

5.         The words “British India” have been successively amended by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and Sch. to read as above.

8.         Illustrations (b), (c ) and (d) omitted by the A.O.1950.

 

1[5.      Certain laws not to be affected by this Act. —Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.]

 

1.         Subs. by the A.O.1950, for the original section.

 

CHAPTER II

GENERAL EXPLANATIONS

6.         Definitions in the Code to be understood subject to exceptions—Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or illustration.

 

Illustrations

 

(a)        The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age can not commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.

 

 (b)       A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement for he was bound by law to apprehend Z and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

 

7.         Sense of expression once explained—Every expression, which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.

 

8.         GenderThe pronoun “he” and its derivatives are used of any person, whether male or female.

 

9.         Number—Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

 

10.       Man”, “Woman”. —The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.

 

11.       “Person—The word “person” includes any Company of Association of body of persons, whether incorporated or not.

 

12.       “Public—The word “public” includes any class of the public or any community.

 

13.       “Queen”. —[Rep. By the A.O. 1950.]

 

1[14.    “Servant of Government”.- The words “servant of Government” denote any officer or servant continued, appointed or employed in India by or under the authority of Government.]

 

1.         Subs. by the A.O. 1950, for the original section.

 

15.       [Definition of “British India-. [Rep. By the A.O. 1937.]

 

16.       “Government of India”. —[ Rep. By the A.O. 1937.]

 

1[17.    “Government.- The word “Government” denotes the Central Government or the Government of a 2[***] State.]

 

1.         Subs. by the A.O.1950, for the original section.

2.         The words and letter “Part A” omitted by Act 3 of 1951, sec.3 and sch.

 

1[18. India.- “India” means the territory of India excluding the State of Jammu and Kashmir.]

 

1.         Subs. by Act 3 of 1951, sec.3 and sch., for the former section which was ins. by the A.O. 1950. The original section 18 was rep, by the A.O. 1937.

 

19.       Judge”.- The word “Judge” denotes not only every person who is officially designated as a judge, but also every person.

 

            Who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive, or

 

Who is one of a body of persons, which body of persons is empowered by law to give such a judgment.     

 

Illustrations

 

(a)        A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a judge.

 

(b)        A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge.

 

(c)        A member of a Panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a judge.

 

(d)        A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a judge.

 

20.       “Court of Justice”.- The words “Court of Justice” denote a judge who is empowered by law to act judicially alone, or a body of judges, which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially.

 

Illustration

 

A panchayat acting under 1[ Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.

 

1.         Rep. by the Madras Civil Courts Act, 1873 (3 of 1873). 

 

21.       “Public Servant”.- The words “public servant” denote a person falling under any of the descriptions hereinafter following namely: -                                                                                     

 

1[* ****]

 

Second.- Every Commissioned Officer in the Military, 2[Naval or Air] Forces 3[of India];

 

4[Third.- Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory function;]          

 

                Fourth.- Every officer of a Court of justice 5[(including a liquidator, receiver or commissioner)] whose duty it s, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties.

 

Fifth.- Every juryman, assessor, or member of a panchayat assisting a Court of justice or public servant;

 

Sixth.- Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of justice, or by any other competent public authority;

 

Seventh.- Every person who holds any office by virtue of which he is empowered to  place or keep any person in confinement;

 

Eight.-Every officer of 6[the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

 

Ninth.- Every officer whose duty it is, as such officer, to take, receive, keep or extend any property on behalf of 6[the Government], or to make any survey, assessment or contract on behalf of the 6[the Government], or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of 7[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of 6[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 6[the Government] 7[***];.

 

Tenth.- Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

 

8[Eleventh.- Every persons who holds any office in virtue of which he is empowered to prepare, publish maintain or revise an electoral roll or to conduct an election or part of an election; ]

 

9[twelfth.- Every person-

 

(a)        In the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

 

(b)        In the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956.]

 

Illustration

 

A Municipal Commissioner is a public servant.

 

Explanation 1. - Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

 

Explanation 2. - Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

 

8[Explanation 3.- The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.]

 

10[***]

 

1.         Clause First omitted by the A.O. 1950.

2.         Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or Naval”.

3.         The original words “of the Queen while serving under the Government of India or any Government” have successively been amended by the A.O. 1937, the A.O. 1948 and A.O. 1950 to read as above.

4.         Subs by Act 40 of 1964, s. 2, for the former clause.       

5.         Ins. by Act 40 of 1964, sec. 2.

6.         Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A. O.1937, for “Government”.

7.         Certain words omitted by Act 40 of 1964, sec.2.

8.         Ins. by Act 39 of 1920, sec.2.

9.         Subs. by the Act 40 of 1964, sec.2 for the former clause

10.       Ins. by Act 39 of 1920, Sec.

 

STATE AMENDMENT

 

State of Rajasthan:-

 

In Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860), in its application to the State of Rajasthan, after clause twelfth, the following new clause shall be added namely: -

 

Thirteenth.- Every person employed or engaged by any public body in the conduct and supervision of any examination recognized or approved under any law.

 

Explanation.- The expression ‘Public Body’ includes:-

 

(a)        A University, Board of Education, or other body, either established by or under a Central or State Act or under the provisions of the Constitution of India or constituted by the Government; and

 

(b)        A local authority.”

 

[Vide Rajasthan Act, 1993  4 of 1993, Sec. 2 (w.e.f. 11-2-1993)].

 

22.       Moveable property”.- The words “moveable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything, which is attached to the earth.   

 

23.     “Wrongful gain”—“Wrongful gain” is gain by unlawful means of property which the person gaining is not legally entitled.

 

Wrongful loss”—“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.

 

Gaining wrongfully, losing wrongfully: -A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property as well as when such person is wrongfully deprived of property.

 

24.       “Dishonestly: -Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

 

25.       Fraudulently”: -A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

 

26.       Reason to believe”:- A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise.

 

27.       Property in possession of wife, clerk or servant: --When property is in the possession of a person’s wife, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.

 

Explanation: --A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.

 

28.       “Counterfeit: --A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

 

1[Explanation 1. —It is not essential to counterfeiting that the imitation should be exact.

 

Explanation 2: —When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.]

 

1.         Subs. by Act 1 of 1889, s. 9, for the original Explanation.

 

29.       Document”: -The word  “document” denotes any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

 

Explanation 1:- It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or no.

 

Illustrations

 

A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.

 

A cheque upon a banker is a document.

 

A power of attorney is a document.

 

A man or plan which is intended to be used or which may be used as evidence, is a document.

 

Explanation 2: -Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.

 

Illustration

 

A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature.

 

129A:   Electronic record. -The words “electronic record” shall have the meaning assigned to them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000.”.

 

1.         Ins. By Information Technology Act, 2000 (Sch. 1). W.E.F. 17-10-2000.

 

30.       “Valuable security”:--The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that the lies under legal liability, or has not a certain legal right.          

  

Illustration

 

A writes his name on the back of a bill of exchange. As the effect of this endorsement is transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”.

 

31.       “A will”: -The words “a will” denote any testamentary document.

 

32.       “Words referring to acts include illegal omissions:-In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

 

33.       Act”. “Omission”: -The word “act” denotes as well a series of acts as a single act: the word “omission” denotes as well as series of omissions as a single omission.

 

1[34.    Acts done by several persons in furtherance of common intention: -When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.]

 

1.         Subs. by Act 27 of 1870, sec. I, for the original section.

 

35.       When such an act is criminal by reason of its being done with a criminal knowledge or intention: -Whenever an act, which is criminal only be reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

 

36.       Effect caused partly by act and partly by omission: -Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

 

Illustration

 

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

 

37.       Co-operation by doing one of several acts constituting an offence: -When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person commits that offence.

 

Illustrations

 

(a)        A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operates in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.

 

(b)        A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.

 

(c)        A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death illegally omits to supply Z with food in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.

 

38.       Persons concerned in criminal act may be guilty of different offences: -Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.

 

Illustration

 

A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.

 

39.       Voluntarily”: -A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

 

Illustration

 

A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person.  Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.

 

1[40      “Offence”:--Except in the 2[Chapters] and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing  made punishable by this code.

 

In Chapter IV, 3[Chapter V A] and in the following sections, namely Sections 4[64, 65, 66, 5[67], 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the words “offence” denotes a thing punishable under this Code, or under any special or local law as hereinafter defined.

 

And in Sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.]

 

1.         Subs. by Act 27 of 1870, sec.1, for the original section.

2.         Subs. by Act 8 of 1930, sec.2 and sch. I, for “Chapter”.

3.         Ins. by Act 8 of 1913, sec.2.

4.         Ins. by Act 8 of 1882, sec.1.

5.         Ins. by Act 10 of 1886, sec.21(1).

 

41.          Special law”:--A “special law” is a law applicable to a particular subject.

 

42.       Local law”:--A “local law” is a law applicable only to a particular part of 1[2[***]3 [India]].

 

1.         Subs. by the A.O.1948, for “British India”.

2.         The words “the territories comprised in” omitted by Act 48 of 1952, sec.3 and sch. II.

3.         Subs. by Act 3 of 1951, sec.3 and sch., for the “the States” which had been subs. by the A.O.1950, for “ the Provinces”.

 

43.       “Illegal”, Legally bound to do”: -The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit.

 

44.       “Injury: -The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

 

45.       “Life”: -The word “life” denotes the life of a human being, unless the contrary appears from the context.

 

46.       “Death”:--The word “death” denotes the death of a human being unless the contrary appears from the context.

 

47.       “Animal”:--The word “animal” denotes any living creature, other than a human being.

 

48.       Vessel”: -The word “vessel” denotes anything made for the conveyance by water of human beings or of property.

 

49.       “Year”, “Month”:--Wherever the word “year” or the word “month” is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.

 

50.       “Section”:--The word “section” denotes one of those portions of a chapter of this Code which are distinguished by prefixed numeral figures.

 

51.       “Oath”: -The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not.

 

52.       “Good faith”: -Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention.

 

1[52A “Harbour”: -Except in Section 157, and in Section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.]

 

1.         Ins. by Act 8 of 1942, sec.2.

 

CHAPTER III

OF PUNISHMENTS

 

53.       Punishment: - The punishments to which offenders are liable under the provisions of this Code are—

 

First—Death;

 

1[Secondly—Imprisonment for life;]

 

2[***]

 

Fourthly—Imprisonment, which is of two descriptions, namely: -

 

(1)        Rigorous, that is ,with hard labour;

 

(2)        Simple;

   

 Fifthly:—Forfeiture of property ;

 

Sixthly—Fine.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “Secondly—Transportation” (w.e.f.  1-1-1956).

2.         Clause “Thirdly” omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).

 

1[53A. Construction of reference to transportation:--

 

(1)        Subject to the provisions of sub-section (2) and sub-section (3), any reference to “transportation for life” in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to “imprisonment for life”.

 

(2)        In every case in which a sentence of transportation for a term has been passed before the commencement of the Code of Criminal Procedure (Amendment) Act, 2[1955] (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.

 

(3)        Any reference to transportation for a term or to transportation for any shorter term (by whatever name called) in any other law for the time being in force shall be deemed to have been omitted.

 

(4)        Any reference to “transportation” in any other law for the time being in force shall,-

 

(a)        If the expression means transportation for life, be construed as a reference to imprisonment for life;

   

(b)        If the expression means transportation for any shorter term, be deemed to have been omitted.}

 

1.         Subs. by Act 36 of 1957, sec.3. and sch. II, for “1954”.

2.         Subs. by Act 36 of 1957, sec.3 Schedule. II, for “1954”.

 

54.       Commutation of sentence of death: -In every case in which sentence of death shall have been passed, 1[the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this code.

 

1.         Subs. by the A.O. 1950, for “the Central Government or the Provincial Government of the Province within which the offender shall have been sentenced”. The words in italics were subs. by the A.O.1937, for “the Government of India or the Government of the place”.

 

55.       Commutation of sentence of imprisonment for life:- In every case in  which sentence of 1[imprisonment] for life shall have been passed, 2[the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation” (w.e.f. 1-1-1956).

2.         Subs by the A.O.1950, for “the Provincial Government of the Province within which the offender shall have been sentenced”. The words in italics were subs. by the A.O.1937, for “the Government of India or the Government of the place”.

 

1[55A. Definition of “appropriate Government”: -In sections fifty-four and fifty-five the expression “appropriate Government” means, --

 

(a)        In case where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

 

(b)        In case where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.]

 

1.         Subs. by the A.O.1950, for section 55A which had been ins. by the A.O.1937.

 

56.       [Sentence of Europeans and Americans to penal servitude. Proviso as to sentence for term exceeding ten years but not for life.-[ Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949) (w.e.f. 6-4-1949).]

 

57.       Fractions of terms of punishment:--In calculating fractions of terms of punishment, 1[imprisonment] for life shall be reckoned as equivalent to 1[imprisonment] for twenty years.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation” (w.e.f. 1-1-1956).

 

58.       [Offenders sentenced to transportation how dealt with until transported.-[ Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), see. 117and Sch. (w.e.f. 1-1-1956).

 

59.       [Transportation instead of imprisonment.] [ Rep. by the Code of Criminal procedure(Amendment) Act, 1955(26 0f 1955), s.117 and Sch.. (w.e.f. 1.1.1956).

 

60.       Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple:--In every case in which an offender is punishable with imprisonment which may be of   either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

 

61.       [Sentence of forfeiture of property.] Rep. by the Indian Penal code (Amendment) Act, 1921(16 of 1921), Sec. 4.

 

62.       [Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment.]  Rep. by  the Indian Penal Code (Amendment) Act, 1921 (16of 1921),  sec. 4.

 

63.       Amount of fine: - Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.

           

64.       Sentence of imprisonment for non-payment of fine:-1[In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, in which the offender is sentenced to a fine, whether with or without imprisonment,

 

And in every case of an offence punishable 2[with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,]

 

It shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

 

1.         Subs. by Act 8 of 1882, sec.2 for “In every case in which an offender is sentenced to a fine”.

2.         Ins. by Act 10 of 1886, sec.21(2).          

 

65.       Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable: -The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

 

66.       Description of imprisonment for non-payment of fine: -The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.

 

67.       Imprisonment for non-payment of fine when offence punishable with fine only:- If the offence be punishable with fine only, 1[the imprisonment which the Court imposes in default of payment of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any terms not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any terms not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.

 

1.         Ins. by Act 8 of 1882, sec.3.                

 

68.       Imprisonment to terminate on payment of fine:-- The imprisonment which is imposed in default of payment of a fine shall terminate when ever that fine is either paid or levied by process of law.

 

69.       Termination of imprisonment on payment of proportional part of fine:-- If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

 

Illustration

 

 A is sentenced to a fine of one hundred rupees and to four month’ imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiation of one month of the imprisonment. A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment. A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.

 

70.       Fine levied within six years, or during imprisonment— Death not to discharge property from liability: - The fine, or any part thereof which remains unpaid, may e levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

 

71.       Limit of punishment of offence made up of several offences:--Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.

 

1[Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or

 

Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence,

 

The offender shall not be punished with a more severe punishment then the Court which tries him could award for any one such offences.]

Illustrations

 

(a)        A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisonment for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.

 

(b)        But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.   

 

1.         Added by Act 8 of 1882, sec.4.

 

72.       Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which:- In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.

 

73.       Solitary confinement: -- Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say-

 

A time not exceeding one month if the term of imprisonment shall not exceed six months:

 

A time not exceeding two months if the term of imprisonment shall exceed six months and 1[shall not exceed one] year:

 

A time not exceeding three months if the term of imprisonment shall exceed one year.

 

1.         Subs. by Act 8 of 1882, sec. 5, for “be less than a”.

 

74.       Limit of solitary confinement: - In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods: and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

 

1[75.     Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction: -- Whoever, having been convicted, —

 

(a)        By a court in 2[India], of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, 3[***]

 

            3[***]                                     

 

Shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to 4[imprisonment for life], or to imprisonment of either description for a term which may extend to ten years.]

 

1.         Subs. by Act 3 of 1910, sec. 2, for the original section.

2.         The words “British of India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec. 3.and Sch., to read as above.

3.         The word “or” at the end of clause (a) and clause (b) omitted by Act 3 of 1951, sec. 3 and sch.

4.         Subs by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f. 1-1-1956).

 

CHAPTER IV

GENERAL EXCEPTIONS

          

76.       Act done by a person bound, or by mistake of fact believing himself bound, by law: - Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

 

Illustrations

 

(a)        A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.

 

(b)        A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has Committed no offence.

 

77.       Act of Judge when acting judicially:- Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.  

 

78.       Act done pursuant to the judgment or order of Court:-- Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice ; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.

     

79.       Act done by a person justified, or by mistake of fact believing himself justified, by law: -- Nothing is an offence which is done by any person who is justified by law, or who reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

 

Illustration

 

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all person of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

 

80.       Accident in doing a lawful act: -- Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.        

 

Illustration

       

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

 

81.       Act likely to cause harm, but done without criminal intent, and to prevent other harm: - Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

 

Explanation:-It is question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

 

Illustrations

 

(a)        A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

 

(b)        A, in great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act. A is not guilty of the offence.

 

82.       Act of a child under seven years of age: -Nothing is an offence which is done by a child under seven years of age.

 

83.       Act of a child above seven and under twelve of immature understanding:--Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

 

84.       Act of a person of unsound mind: -Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

 

85.       Act of a person incapable of judgment by reason of intoxication caused against his will: - Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

 

86.       Offence requiring a particular intent of knowledge committed by one who is intoxicated:-- In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

 

87.       Act not intended and not known to be likely to cause death or grievous hurt, done by consent: -Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

 

Illustration

 

A and Z agrees to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play ; and if A, while playing fairly, hurts Z, A commits no offence.

 

88.       Act not intended to cause death, done by consent in good faith for person’s benefit: - Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

  

Illustration

 

A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death, and intending in good faith, Z’s benefit performs that operation on Z, with Z’s consent. A has committed no offence.

 

89.       Act done in good faith for benefit of child or insane person, by or by consent of guardian:--Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person  :

 

Provisos—Provided—

 

First: - That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

 

Secondly: - That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; 

 

Thirdly: - That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death of grievous hurt, or the curing of any grievous disease of infirmity ;

 

Fourthly:- That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

 

Illustration

 

A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon. Knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.

 

90.       Consent known to be given under fear or misconception:--A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception ; or

 

Consent of insane person:- if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

 

Consent of child:- unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

 

91.       Exclusion of acts which are offences independently of harm caused:--The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

 

Illustration

 

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

 

92.       Act done in good faith for benefit of a person without consent:- Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:

 

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.

 

93.       Communication made in good faith:--No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

 

Illustration

 

A, a surgeon in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock.  A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

 

94.       Act to which a person is compelled by threats:-- Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

 

Explanation 1:- A person who, of his own accord, or by reason of a threat of being  beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law.

 

Explanation 2:- A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law ; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

 

95.       Act causing slight harm:- Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

 

Of the Right of Private Defence

 

96.       Things done in private defence: - Nothing is an offence which is done in the exercise of the right of private defence.

 

97.       Right of private defence of the body and of property: - Every person has a right, subject to the restrictions contained in Section 99, to defend—

 

First—His own body, and the body of any other person, against any offence affecting the human body;

 

Secondly—The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief for criminal trespass.

 

98.       Right of private defence against the act of a person of unsound mind, etc.: - When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

 

Illustrations

 

(a)        Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.

 

(b)        A enters by night a house which he is legally entitled to enter Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.

 

99.       Act against which there is no right of private defence: - There is no right of private defence against an act which does not reasonable cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law.

 

            There is no right of private defence against an act which does not reasonable cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.

           

There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

 

Extent to which the right may be exercised:--The right to private defence in no case extends to the inflicting of more harm that it is necessary to inflict for the purpose of defence.

 

Explanation 1: - A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.

 

Explanation 2: - A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

 

100.     When the right of private defence of the body extends to causing death:-- The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely :--

 

First-Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

 

Secondly-Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

 

Thirdly-An assault with the intention of committing rape;

 

Fourthly-An assault with the intention of gratifying unnatural lust;

 

Fifthly-An assault with the intention of kidnapping or abducting;

 

Sixthly-An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

 

101.     When  such  right  extends to  causing any  harm  other  than  death :--  If  the offence be not of any of the descriptions enumerated in the last  preceding  section,          the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions  mentioned in Section 99, to the voluntary causing to the assailant of any harm other than death.

 

102.     Commencement and continuance of the right of private defence of the body: - The right of  private  defence  of  the  body  commences  as  soon  as a reasonable apprehension of danger to the body arises from an attempt or threat  to  commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.

 

103.     When the right of private defence of property extends to causing death: -The right of private defence of property extends, under the restrictions mentioned in Section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely; -

 

 First-Robbery;

                       

Secondly-House-breaking by night;

 

Thirdly-Mischief by fire committed on any building, tent or vessel, which building, tent of vessel is used as a human dwelling, or as a place for the custody of property;

 

Fourthly-Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

 

STATE AMENDMENTS

 

State of  Karnataka

 

(1)        In Clause Thirdly, -

 

(i)         After the words “mischief by fire”, the words “or any explosive substance” shall be inserted;

 

(ii)        After the words “as a human dwelling, or” insert the words “ as a place of worship, or”.

 

(2)        After Clause Fourthly, the following clause shall be inserted, namely:-

 

“Fifthly-Mischief by fire or any explosive substance committed on any property used or intended to be used for the purpose of Government or any local authority statutory body or company owned or controlled by Government or railway or any vehicle used or adapted to be used fro the carriage of passengers for hire or reward”.

 

[Vide Karnataka Act No. 8 of 1972, Section 2, (w.e.f. 7-10-1972)].

 

State of “Maharashtra”

 

In Section 103, add the following at the end, namely: -

 

“Fifthly-Mischief by fire or any explosive substance committed on any property used or intended to be used for the purposes of Government or any local authority, statutory body, company owned or controlled by Government. Railway or tramway, or on any vehicle used or adapted to be used, for the carriage of passengers for hire or reward.”

 

[Vide Maharashtra Act No. 19 of 1971, Section 26, (w.e.f. 31-12-1971)].

 

State of “Uttar Pradesh”

 

In Section 103, after clause fourthly, add the following clause, namely: -

 

“Fifthly-Mischief by fire or any explosive substance committed on—

 

(a)        Any property used or intended to be used for the purpose of Government, or any local authority or other corporation owned or controlled by Government or

 

(b)        Any railway as defined in clause (4) of Section 3 or the Indian railway Act, 1890 or railways stores as defined in the Railways Stores (Unlawful Possession) Act, 1955, or

 

(c)        Any transport vehicle as defined in clause (33) of Section 2 of the Motor Vehicles Act, 1939.”

 

[Vide U.P. Act No. 29 of 1970, Section 2 (w.e.f. 17-7-1970)].

 

104.     When  such  right  extends  to  causing  any  harm  other  than  death:- If the          offence , the committing of which, or the attempting  to  commit  which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions  enumerated  in  the  last  preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong –doer of any harm other than death.

 

105.     Commencement and continuance  of the right of private defence of property:- The  Right  of  private  defence  of  property  commences  when  a reasonable  apprehension of danger to the property commences.

 

The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.

 

The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint of as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

 

The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

 

The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

 

106.     Right of private defence against deadly assault when there is risk of harm to  innocent person: - If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person his right or private defence extends to the running of that risk.

 

Illustration

 

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

 

CHAPTER V

OF ABETMENTS

 

107.     Abetment of a thing:- A person abets the doing of a thing, who—

 

First: -Instigates any person to do that thing; or

 

Secondly: -Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

 

Thirdly: -Intentionally aids, by any act or illegal omission, the doing of that thing.

 

Explanation1:- A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

 

Illustration

 

A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

 

Explanation 2: - Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

 

108.     Abettor: - A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable of law of committing an offence with the same intention or knowledge as that of the abettor.

 

            Explanation 1: - The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to be that act.

 

            Explanation 2: - To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that effect requisite to constitute the offence should be caused.

 

Illustrations

 

(a)        A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.

 

(b)        A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.

 

            Explanation 3: -- It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of abettor, or any guilty intention or knowledge.

        

Illustrations

 

(a)        A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committed an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

 

(b)        A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence. A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.

 

(c)        A instigates B to set fire to a dwelling-house, B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that offence.

 

(d)        A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

 

Explanation 4-The abetment of an offence being an offence, the abetment of such an abetment is also as offence.

 

Illustration

 

A instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.

 

Explanation 5: - It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

 

A concert with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.

 

1[108A. Abetment in India of offences outside India:-- A person abets as offence within the meaning of this in Code who, in 2[India], abets the commission of any act without and beyond 2[India] which would constitute an offence if committed in 2[India].

 

Illustration

 

A, in 2[India], instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.]

 

1.         Added by Act 4 of 1898, sec. 3.

2.         The words “British India” have successively been subs. by the A.O. 1948, the A.O.1950 and Act 3 of 1951, sec. 3. and sch. to read as above.

 

109.     Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment: -Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.

 

            Explanation: - An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation or in pursuance of the conspiracy, or with the aid, which constitutes the abetment.

 

Illustrations

 

(a)        A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in Section 161.

 

(b)        A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

 

(c)        A and B conspire to poison Z. A in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

 

110.     Punishment of abetment if person abetted does act with different intention from that of abettor:-- Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of then abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.

 

111.     Liability of abettor when one act abetted and different act done:-- When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had  directly abetted it:

 

Proviso: - Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

 

Illustrations

 

(a)        A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment. A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y.

 

(b)        A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.

 

(c)        A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.

 

112.     Abettor when liable to cumulative punishment for act abetted and for act done: - If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.

 

Illustration

 

            A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As be has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will Also be liable to punishment for each of the offences.

 

113.     Liability of abettor for an effect caused by the act abetted different from that intended by the abettor:- When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, cause a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

 

Illustration

 

            A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.

 

114.     Abettor present when offence is committed:- Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

 

115.     Abetment of offence punishable with death or imprisonment for life—if offence not committed: - Whoever abets the commission of an offence punishable with death or 1[imprisonment for life], shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

If act causing harm be done in consequence—and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

 

Illustration

 

            A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or 1[imprisonment for life]. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f. 1-1-1956).

 

116.     Abetment of offence punishable with imprisonment—if offence be not committed :-- Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or  with such fine as is provided for the offence, or with both ;

 

If abettor or person abetted be a public servant whose duty it is to prevent offence: - and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

 

Illustrations

 

(a)        A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section.

 

(b)        A instigates B to give false evidence. Here, if B does not give false evidence, A has s nevertheless committed the offence defined in this section, and is punishable accordingly.

 

(c)        A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.

 

(d)        B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

 

117.     Abetting commission of offence by the public or by more than ten persons: -  Whoever abets the commission of an offence by the public generally or by any  number or class of persons exceeding ten, shall be punished with imprisonment of  either description for a term which may extend to three years, or with fine, or with  both.

 

Illustration

 

            A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.

 

118.     Concealing design to commit offence punishable with death or imprisonment for life:-Whoever intending to facilitate or knowing it to be likely that be will thereby facilitate the commission of an offence punishable with death or 1[imprisonment for life],

 

Voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design,

 

If offence be committed--if offence be not committed—shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine.

 

Illustration

 

A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f. 1-1-1956).

 

119.     Public servant concealing design to commit offence which it is his duty to prevent: - Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent;

 

            Voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design.

 

If offence be committed—shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both;

 

If offence be punishable with death, etc.— or, if the offence be punishable with death or 1[imprisonment for life], with imprisonment of either description for a term which may extend to ten years;

 

If offence be not committed—or if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-half part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.

 

Illustration

 

            A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f. 1-1-1956).

 

120.     Concealing design to commit offence punishable with imprisonment: -Whoever, intending to facilitate or knowing it to be likely that be will thereby facilitate the commission of an offence punishable with imprisonment,

 

Voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

 

If offence be committed—if offence be not committed: - shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

 

1[CHAPTER VA

CRIMINAL CONSPIRACY

 

1.         Ins. by Act 8 of 1913, sec. 3.

 

120A. Definition of criminal conspiracy: - When two or more person agree to do, or cause to be done,

 

(1)        An illegal act, or

 

(2)        An act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

     

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

 

Explanation: - It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

 

1[120B. Punishment of criminal conspiracy: -

 

(1)        Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards shall, where no express provision is made in this Code fro the punishment of such a conspiracy, be punished in the same abetted such offence.

 

(2)        Whoever is a party to a criminal conspiracy other than a criminal conspiracy   to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]

 

1.         Ins. by Act 8 of 1913, sec. 3.

2.            Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1-1956).

 

CHAPTER VI

OF OFFENCES AGAINST THE STATE

 

121.     Waging, or attempting to wage war, or abetting waging of war, against the Government of India:- Whoever wages war against the 1[Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 2 [imprisonment for life] 3[and shall also be liable to fine].

 

4[Illustration]

 

5[***] A joins an insurrection against the 6[Government of India]. A has committed the offence defined in this section.

 

1.         Subs. by the A.O. 1950, for “Queen”.

2.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.ef.1-1-1956).

3.         Subs. by Act 16 of 1921, sec.2. for “and shall forfeit all his property”.

4.         Subs. by Act 36 of 1957, sec.3 and sch. II, for “Illustrations”.

5.         The brackets and letter “a” omitted by Act 36 of 1957, sec.3 and sch. II.

6.         Subs. by the A.O. 1950, for “Queen”.

 

1[121A Conspiracy to commit offences punishable by section 121: - Whoever within or without 2[India] conspires to commit any of the offences punishable by Section 121, 3[***] or conspires to overawe, by means of criminal force or the show of criminal force, 4[the Central Government or any 5[State] Government 6[***], shall be punished with 7[imprisonment for life], or with imprisonment of either description which may extend to ten years, 8[and shall also be liable to fine].

 

            Explanation: -To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.]

 

1.         Ins. by Act 27 of 1870, s. 4.

2.         The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s.3 and Sch. to read as above.

3.         The words “or to deprive the Queen of the sovereignty of the Provinces or of any part thereof’ omitted by the A.O. 1950.

4.         Subs. by the A.O. 1937, for “the G. of I, of any L.G.”.

5.         Subs. by the A.O. 1950, for “Provincial”.

6.         The words “or the Government of Burma” omitted by the A.O. 1948.

7.         Subs. by the Act 26 of 1955, s. 117 and Sch., for “transportation for life or any shorter term” (w.e.f. 1-1-1956).

8.         Ins. by Act 16 of 1921, s. 3, for “and shall forfeit all his property”.

 

122.     Collecting arms, etc., with intention of waging war against the Government of India: -Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the 1[Government of India], shall be punished with 2[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 3[and shall also be liable to fine].

 

1.         Subs. by the A.O.1950, for “Queen”.

2.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life or any shorter term” (w.e.f. 1-1-1956).

3.         Ins. by Act 16 of 1921, sec.3, for “and shall forfeit all his property”.

 

123.     Concealing with intent to facilitate design to wage war: -Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the 1[Government of India], intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

1.         Subs. by A.O. 1950, for “Queen”.

 

124.     Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power: -Whoever, with the intention of including or compelling the 1[President] of India, or the 2[Governor 3[*   *   *]] or any 4[State], 5[*  *  *]  6[*  *  * ] 7[*    *     *] to exercise or refrain from exercising in any manner any of the lawful powers of such 8[President or 2[Governor 3[*   *   *]],

 

Assault or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such 8[President or 2[Governor 3[*  *  *]],

 

Shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

1.         Subs. by the A.O. 1950, for “Governor General”.

2.         Subs. by Act 3 of 1951, sec.3 and sch., for “Governor”.

3.         The words “or Rajpramukh” omitted by the A.O.1956.

4.         Subs. by the A.O.1950, for “Province” Which had been subs. by the A.O.1937, for “Presidency”.

5.         The words “or a Lieutenant-Governor” omitted by the A.O.1937.

6.         The words “or a member of the Council of the Governor General of India” omitted by the A.O. 1948.

7.         The words “or of the Council of any Presidency” omitted by the A.O.1937.

8.         The original words “Governor General, Governor, Lieutenant-Governor or Member of Council” have successively been amended by the A.O. 1937, the A.O.1948 and the A.O. 1950 to read as above.

 

1[124A Sedition: - Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards. 2[*  *   *] the Government established by law in 3[India], 4[*  *  *] shall be punished with 5[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

 

Explanation 1—The expression “disaffection” includes disloyalty and all feelings of enmity.

 

Explanation 2—Comments expressing disapprobation of the measures of the attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

 

Explanation 3—Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

 

1.         Subs. by Act 4 of 1898, s. 4, for the original s. 124A which had been ins. by Act 27 of 1870, s. 5.

2.         The words “Her Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative inserted after the word “Majesty” by the A.O. 1937 were omitted by the A.O. 1948.

3.         The words “British India” have successively been subs. by the A.O. 1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch. to read as above.

4.         The words “or “British India” ins. by the A.O.1937 omitted by the A.O.1948.

5.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life or any shorter term” (w.e.f.1-1-1956).

 

125.     Waging war against any Asiatic Power in alliance with the Government of India: - Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the 1[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished with 2[imprisonment for life], to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.

 

1.         Subs. by the A.O. 1950, for “Queen”.

2.         Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

 

126.     Committing depredation on territories of Power at peace with the Government of India: - Whoever commits depredation, or makes preparation to commit depredation, on the territories of any Power in alliance or at peace with the 1[Government of India], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.

 

1.         Subs. by the A.O. 1950, for “Queen”.

 

127.     Receiving Property taken by war on depredation mention in Sections 125 and 126: - whoever receives any property knowing the same to have been taken in the in the commission of any of the offences mentioned in Sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.

 

128.     Public servant voluntary allowing prisoner of State or war to escape: - Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

1.         Subs. by Act 26 of 1955, see 117 and Sch., for “transportation for life” (w.e.f. 1956).

 

129.     Public servant negligently suffering such prisoner to escape: - Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.

 

130.     Aiding escape of, rescuing or harbouring such prisoner: - Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

Explanation—A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2[India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1- 1956).

2.         The words “British India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch. to read as above.

 

CHAPTER VII

OF OFFENCES RELATING TO THE ARMY, 1[NAVY AND AIR FORCE]

 

1.         Subs. by Act 10 of 1927, sec.2 and sch. I, for “and Navy”.

 

131.     Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty: - Whoever abets the committing of mutiny by an officer, soldier, 1[sailor or airman], in the Army, 2[navy or Air Force] of the 3[Government of India] or attempts to seduce any such officer, soldier, 4[sailor or airman] from his allegiance or his duty, shall be punished with 5[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

6[Explanation—In this section the words “officer”, 7[“soldier”], 8[“sailor”] and “airman”] include any person subject to the 9 [Army Act,] 10 [the Army Act, 1950]], (46 of 19500, 7 [the Naval Discipline Act,  11[* * *] the 12[ Indian Navy (Discipline) Act, 1934], (34 of 1934)], 13[the Air force Act or  14[the Air Force Act, 1950 (45 or 1950)]], as the case may be]].

 

1.         Subs. by Act 10 of 1927, sec.2 and sch. for “ or Sailor”.

2.         Subs. by Act 10 of 1927, sec.2 and sch. I, for “or Navy”.

3.         Subs. by the A.O.1950, for “Queen”.

4.         Subs. by Act 10 of 1927, sec.2 and sch. I, for “or Sailor”.

5.         Subs by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1-1956).

6.         Ins. by Act 27 of 1870, sec. 6.

7.         Subs. by Act 10 of 1927, sec. 2 and sch. I, for “and Soldier”.

8.         Ins. by Act 35 of 1934, sec. 2. and sch.

9.         Subs. by Act 10 of 1927, sec.2 and sch.I, for “Articles of War for the better Government of Her Majesty’s Army, or to the Articles of war contained in Act No.5 of 1869”.

10.       Subs. by Act 3 of 1951, sec.3 and sch. for “the Indian Army Act,1911”.

11.       The words “or that Act as modified by” omitted by the A.O.1950.

12.       Now see the Navy Act, 1957 (62 of 1957).

13.       Subs. by Act 14 of 1932, sec.130 and sch., for “or the Air Force Act”.

14.       Subs. by Act 3 of 1956, sec. And sch., for “the Indian Air Force Act, 1932”.

 

132.     Abetment of mutiny, if mutiny is committed in consequence thereof:- Whoever abets the committing of mutiny by an officer, soldier, 1[sailor or airman] in the Army, 2[Navy or  Air Force] of  the 3[Government  of India], shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

1.         Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or Sailor”.

2.         Subs. by Act 10 of 1927, sec.2 and Sch. I, for “or Navy”.

3.         Subs. by the A.O. 1950, for “Queen”.

4.         Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

 

133.     Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office:-Whoever abets an assault by an office, soldier, 1[sailor or airman], in the Army, 2[Navy or Air force] of the 3[Government of India], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

1.         Subs. by Act 10 of 1927, sec.2 and Sch. I, for “or Sailor”.

2.         Subs. by Act 10 of 1927, sec.2 and Sch. I, for “or Navy”.

3.         Subs. by the A. O.1950, for “Queen”.

 

134.     Abetment of such assault, if the assault is committed:-  Whoever abets an assault by an officer, soldier, 1[sailor, or airman], in the Army, 2[navy or Air force] of the 3[Government of India], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

1.         Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or sailor”.

2.         Subs. by ibid., s. 2 and Sch. I, for “or Navy”.

3.         Subs. by the A.O. 1950, for “Queen”.

 

135.     Abetment of desertion of soldier, sailor or airman: - Whoever abets the desertion of any officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

1.         Subs. by Act 10 of 1927, sec.2 and Sch.I, for “or Sailor”.

2.         Subs. by Act 10 of 1927, sec.2 and Sch.I, for “or Navy”.

3.         Subs. by the A.O.1950, for “Queen”.

 

136.     Harbouring deserter: - Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or air force] of the 3[Government of India], has deserted, harbours such officer, soldier, 1[sailor airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

            Exception—This provision does not extend to the case in which the harbour is given by a wife to her husband.

 

1.         Subs. by Act 10 of 1927, sec.2 and sch.I, for “or Sailor”.

2.         Subs. by Act 10 of 1927, sec.2.and sch.I, for “or Navy”.

3.         Subs by the A.O.1950, for “Queen”.

 

137.     Deserter concealed on board merchant vessel through negligence of master:- The master or person in charge of a merchant vessel, on board of which any deserter from the Army, 1[Navy or Air force] of the 2[Government of India] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.

 

1.         Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or Navy”.

2.         Subs. by the A.O. 1950, for “Queen”.

 

138.     Abetment of act of insubordination by soldier, sailor or airman: -Whoever abets what he knows to be an act of insubordination by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

1.         Subs. by Act 10 of 1927, sec.2 and sch.I for “or Sailor”.

2.         Subs. by Act 10 of 1927, sec.2 and sch.I, for “or Navy”.

3.         Subs. by the A.O.1950, for “Queen”.

 

1[138A. [Application of foregoing sections to the Indian Marine Service.] [Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.].]

 

1.         Ins. by Act 14 of 1887, sec.79.

 

139.     Persons subject to certain Acts:- No person subject to 1[the Army Act, 2[the Army Act, 1950 (46 of 1950)], the Naval discipline Act, 3[4[*  *  *]  5[the Indian Navy (Discipline) Act, 1934 (34 of 1934)], 6[the Air Force Act or 7[the Air Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code for any of the offences defined in this Chapter.

 

1.         Subs. by Act 10 of 1927 sec.2 and sch.I, for “any Article of war for the Army or Navy of the Queen, or for any part of such Army of Navy”.

2.         Subs. by Act 3 of 1951, sec.3 and sch. for “the Indian Army Act, 1911”.

3.         Ins. by Act 35 of 1934, sec.2 and sch.

4.         The words “or that Act as modified” omitted by the A.O.1950.

5.         Now see the Navy Act,1957 (62 of 1957).

6.         Subs. by Act 14 of 1932, sec.130 and sch. for “or the Air Force Act”.

7.         Subs. by Act 3 of 1951, sec.3 and sch. for “the Indian Air Force Act, 1932”. 

 

140.     Wearing garb or carrying token used by soldier, sailor or airman: - Whoever, not being a soldier, 1[sailor or airman] in the Military, 2[Naval or Air] service of the 3[Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier, 1[sailor or airman] with the intention that it may be believed that he is such a soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three month, or with fine which may extend to five hundred rupees, or with both

 

1.         Subs. by Act 10 0f 1927, s. 2 and Sch. I, for “sailor”.

2.         Subs. by ibid., s. 2 and Sch. I, for “or Navy”.

3.         Subs. by the A.O. 1950, for ”Queen”.

 

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

 

 

141.     Unlawful assembly: - An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—

 

First—To overawe by criminal force, or show of criminal force, 1[the Central or any State Government of Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or

 

Second—To resist the execution of any law, or of any legal process; or

 

Third—To commit any mischief or criminal trespass, or other offence; or

 

Fourth—By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

 

Fifth—By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

 

Explanation—An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

 

1.         Subs. by The A.O.1950 for “Central or any Provincial Government or Legislature”.

 

142.     Being member of unlawful assembly: -Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it is said to be a member of an unlawful assembly.

 

143.     Punishment: -Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both.

 

144.     Joining unlawful assembly armed with deadly weapon: -Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

145.     Joining or continuing in unlawful assembly, knowing it has been commanded to disperse: - Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

146.     Rioting: -- Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

 

147.     Punishment for rioting: -- whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

148.     Rioting, armed with deadly weapon: - Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

149.     Every member of unlawful assembly guilty of offence committed in prosecution of common object:-- If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members or that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

 

150.     Hiring, or conniving at hiring, of persons to join unlawful assembly: - Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member or any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.

 

151.     Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse:- Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

Explanation—If the assembly is an unlawful assembly with the meaning of section 141, the offender will be punishable under section 145.

 

152.     Assaulting or obstructing public servant when suppressing riot, etc: - Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

153.     Wantonly giving provocation with intent to cause riot—if rioting be committed—if not committed:- Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending of knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both ; and if the offence of rioting be not committed, imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

1[153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony: --

 

(1)        Whoever—

 

(a)        By words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place or birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or

 

(b)        Commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, 2[or]

 

2 [(c)    Organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence of knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,]

 

 Shall be punished with imprisonment which may extend to three years, or with fine, or with both.

 

Offence committed in place of worship, etc.: -

 

(2)        Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]   

 

1.         Subs. by Act 35 of 1969, s. 2, for the former section.

2.         Ins. by Act 31 of 1972, s. 2.

 

1[153B. Imputations, assertions prejudicial to national-integration:--

 

(1)        Whoever, by words either spoken or written or by signs or by visible representations or otherwise, -

 

(a)        Makes or publishes any imputation that any class of persons cannot, by reason or their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to Constitution of India as by law established or uphold the sovereignty and integrity of India, or

 

(b)        Asserts, counsels, advises, propagates or publishes that any class or persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied or deprived of their rights as citizens of India or

 

(c)        Makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste of community, and such assertion, counsel, pleas or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons,

 

Shall be punished with imprisonment which may extend to three years, or with fine, or with both.

 

(2)        Whoever commits an offence specified in sub-section (1), in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall be liable to fine.]

 

1.         Ins. by Act 31 of 1972, sec. 2.

 

154.     Owner or occupier of land on which an unlawful assembly is held: - Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police-station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent, it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.

 

155.     Liability of person for whose benefit riot is committed:-- Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land, respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from, such person shall be punishable with fine, if he or his agent of manage, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.

 

156.     Liability of agent of owner of occupier for whose benefit riot is committed: -Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject or nay dispute which gave rise to the riot, or who has accepted or derived any benefit there from,

 

The agent or manager or such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.

 

157.     Harbouring persons hired for an unlawful assembly: --Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

158.     Being hired to take part in an unlawful assembly or riot: --Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in Section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,

 

            Or to go armed: --and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

159.     Affray: --When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.

 

160.     Punishment for committing affray: -- Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.

 

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

 

161 TO 165A: - [Rep. by the Prevention of Corruption Act, 1988 (49 or 1988), sec. 31.]

 

166.     Public servant disobeying law, with intent to cause injury to any person:-Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

Illustration

 

            A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

 

167.     Public servant farming an incorrect document with intent to cause injury: - Whoever, being a public servant, and being, as “such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record1” 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.

 

1.         Ins. By Information Technology Act, 2000 (Sch. 1). W.E.F. 17-10-2000.

 

168.     Public servant unlawfully engaging in trade: --Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

169.     Public servant unlawfully buying or bidding for property: -- Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.

 

170.     Personating a public servant: -- Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

171.     Wearing grab or carrying token used by public servant with fraudulent intent: - Whoever, not belonging to a certain class of public servants, wear any grab or carries any token resembling any grab or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

 

1[CHAPTER IXA]

OF OFFENCES RELATING TO ELECTIONS

 

1.         Chapter IXA ins. by Act 39 of 1920, sec. 2.

 

171A.  “Candidate”, “Electoral right” defined: -- For the purposes of this Chapter—

 

1[(a)     “Candidate” means a person who has been nominated as a candidate at any election;]

 

(b)        “Electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain form voting at an election.

 

1.         Subs. by Act 40 of 1975, sec. 9, for clause (a).

 

171B.  Bribery: -

 

(1)        Whoever—

 

(i)         Gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or

 

(ii)        Accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right;

 

Commits the offence of bribery:

 

Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.

 

(2)        A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

 

(3)        A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

 

171C.  Undue influence at elections: - 

 

(1)        Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

 

(2)        Without prejudice to the generality of the provisions of sub-section (1), whoever—

 

(a)        Threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or

 

(b)        Induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,

 

Shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

 

(3)        A declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with an electoral right shall not be deemed to be interference within the meaning of this section.

 

171D.  Personation at elections: -- Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence or personation at an election.

 

171E.   Punishment for bribery: --Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may be extend to one year, or with fine, or with both:

 

            Provided that bribery by treating shall be punished with fine only.

 

            Explanation—“Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

 

171F.   Punishment for undue influence or personation at an election: -- Whoever commits the offence of undue influence of personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.

 

171G.  False statement in connection with an election: --Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.

 

171H.  Illegal payments in connection with an election: -- Whoever without the general or special authority in writing of a candidate incurs or authorizes expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees:

 

            Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.

 

171I.    Failure to keep election accounts: --Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.]

 

CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY

OF PUBLIC SERVANTS

 

172.     Absconding to avoid service of summons or other proceeding: -- Whoever absconds in order to avoid being served with a summons, notice or order, proceeding form any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

 

            Or, if the summons or notice or order is to attend in person or by agent, or produce a document or an electronic record1 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.

 

1.         Ins. by Information Technology Act, 2000 (Sch. 1). W.E.F. 17-10-2000.

 

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 produce a document or an electronic record1 in a Court of Justice”with simple imprisonment for a term which may extend to six month, or with fine which may extend to one thousand rupees or with both.

 

1.         Ins. By Information Technology Act, 2000 (Sch. 1). W.E.F. 17-10-2000.

 

174.     Non-attendance in obedience to an order form public servant: -Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,

 

            Intentionally omits to attend at that place of time, or departs form the place where he is bound to attend before the time at which it is lawful for him to depart,

 

            Shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

 

            Or, if the summons, notice, order of proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Illustrations

 

(a)        A, being legally bound to appear before the 1[High Court] at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

 

(b)        A, being legally bound to appear before a 2[District Judge], as a witness, in obedience to a summons issued by that 2[District Judge] intentionally omits to appear. A has committed the offence defined in this section.

 

1.         Subs. by the A.O.1950, for “Supreme Court”.

2.         Subs. by the A.O.1950. for “Zila Judge”.

 

175.     Omission to produce document to public servant by person legally bound to produce it: - Whoever, being legally bound to produce or deliver up any document or Electronic Record1 to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

 

            Or, if the document or Electronic Record1  is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

 

Illustration

 

            A being legally bound to produce a document before a 2[District Court], intentionally omits to produce the same. A has committed the offence defined in this section.

 

1.         Ins. By Information Technology Act, 2000 (Sch. 1). W.E.F. 17-10-2000.

2.         Subs. by the A.O.1950, for “Zila Court”.

 

176.     Omission to give notice or information to public servant by person legally bound to give it: -- Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

 

Or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose or preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six month, or with fine which may extend to one thousand rupees, or with both;

 

1[Or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898) with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]

 

1.         Added by Act 22 of 1939, sec. 2.

 

177.     Furnishing false information: -- Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

 

Or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Illustrations

 

(a)        A, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.

 

(b)        A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being being bound under clause 5, section VII, 1[Regulation III, 1821], of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police-station, willfully misinforms the police-officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the later part of this section.

 

2[Explanation—In section 176 and in this section the word “offence” includes any act committed at any place out of 3[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word “offender” includes any person who is alleged to have been guilty of any such act.]

 

1.         Rep. by Act 17 of 1862.

2.         Added by Act 3 of 1894.

3.         The words “British India” have successively been subs. by the A.O.1948. the A.O. 1950 and Act 3 of 1951, sec. 3 and sch. to read as above.

 

178.     Refusing oath or affirmation when duly required by public servant to make   it: - Whoever refuses to bind himself by an oath 1[or  affirmation]  to  state  the truth,  when  required  so to  bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

1.         Ins. by Act 10 of 1873, sec. 15.

 

179.     Refusing to answer public servant authorized to question: - Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

180.     Refusing to sign statement: - Whoever  refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require   that   he   shall   sign   that   statement,   shall   be  punished  with  simple imprisonment for a term which may extend to three  months,  or  with  fine which may extend to five hundred rupees, or with both.

 

181.     False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation:- Whoever, being legally bound by an oath 1[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 1[or affirmation], makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

1.         Ins. by Act 10 of 1873, sec. 15.

 

1[182. False information, with intent to cause public servant to use his lawful power to the injury of another person: -Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that the will thereby cause, such public servant—

 

(a)        To do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

 

(b)        To use the lawful power of such public servant to the injury or annoyance of any person,

 

Shall be punished with imprisonment of either description for a term which may extend to six month, or with fine which may extend to one thousand rupees, or with both.

 

Illustrations

 

(a)        A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

 

(b)        A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

 

(c)        A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.]

 

1.            Subs. by Act 3 of 1895, sec. I, for the original section.

 

183.     Resistance to the taking of property by the lawful authority of a public servant: - Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

184.     Obstructing sale of property offered for sale by authority of public servant: - Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

 

185.     Illegal purchase or bid for property offered for sale by authority of public servant: -- Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

 

186.     Obstructing public servant in discharge of public functions: --Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 

187.     Omission to assist public servant when bound by law to give assistance: -- Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;

 

            And if such assistance be demanded to him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

 

188.     Disobedience to order duly promulgated by public servant: -- Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,

 

Shall, if such disobedience causes to tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance of injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

 

And if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Explanation—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

 

Illustration

 

            An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

 

189.     Threat of injury to public servant: - Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

190.     Threat of injury to induce person to refrain from applying for protection to public servant: -Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES

AGAINST PUBLIC JUSTICE

 

191.     Giving false evidence: --Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

 

Explanation 1—A statement is within the meaning of this section, whether it is made verbally or otherwise.

 

Explanation 2—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

 

Illustrations

 

(a)        A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.

 

(b)        A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.

 

(c)        A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.

 

(d)        A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.

 

(e)        A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believed to be a true interpretation or translation. A has given in false evidence.

 

192.     Fabricating false evidence: - Whoever causes any circumstance to exist or makes any false entry in any book or record or Electronic Record1, or makes any document or Electronic Rercord1 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.         Ins. By Information Technology Act, 2000 (Sch. 1). W.E.F. 17-10-2000.

 

193.     Punishment for false evidence: - Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

            And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

           

Explanation 1—A trial before a Court-martial; 1[*  *  *] is a judicial proceeding.

 

Explanation 2—An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

 

Illustration

 

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. A this enquiry is a stage of a judicial proceeding, A has given false evidence.

 

Explanation 3—An investigation directed by a Court of Justice, according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

 

Illustration

 

            A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding.   A has given false evidence.

 

1.         The words “or before a Military Court of Request” rep. by Act 13 of 1889. sec. 2 and such.

 

194.     Giving or fabricating false evidence with intent to procure conviction of capital offence: - Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital 1[by the law for the time being in force in 2[India]] shall be punished with 3[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;

 

            If innocent person be thereby convicted and executed: - and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

 

1.         Subs. by the A. O.1948, for “by the Law of British India or England”.

2.         Subs. by Act 3 of 1951, sec. 3 and sch., for “the States”.

3.         Subs. by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1-1956).

 

195.     Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment:--Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which 1[by the law for the time being in force in 2[India] is not capital, but punishable with 3[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. 

 

Illustration

 

A gives false evidence before a Court of Justice intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 4[imprisonment for life] or imprisonment, with or without fine.

 

1.         Subs. by the A. O.1948, for “by the Law of British India or England”.

2.         Sub. by Act 3 of 1951, sec. 3 and Sch., for “the States”.

3.         Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).

4.         Subs. by Act 26 of 1955, sec.117 and sch., for “such transportation” (w.e.f. 1-1-1956). 

 

196.     Using evidence known to be false: --Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

 

197.     Issuing or signing false certificate: --Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

 

198.     Using as true a certificate known to be false: -- Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

 

199.     False statement made in declaration which is by law receivable as evidence:- Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

 

200.     Using as true such declaration knowing it to be false: - Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

 

            Explanation—A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.

 

201.     Causing disappearance of evidence of offence, or giving false information to screen offender: - Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false,

 

            If a capital offence: - shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

            If punishable with imprisonment for life: - and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

 

If punishable with less than ten years’ imprisonment: - And if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided fro the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

 

Illustration

 

            A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.

 

1.         Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for life” (w.e.f.  1-1-1956).

 

202.     Intentional omission to give information of offence by person bound to inform: -Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

 203.    Giving false information respecting an offence committed: - Whoever knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with   imprisonment of either description for a term which may extend to two year, or with fine, or with both.

 

1[Explanation: - In sections 201 and 202 and in this section the word “offence” includes any act committed at any place out of 2[India], which, if committed in 2[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.]

 

1.         Added by Act 3 of 1894, sec.6.

2.         The words “British India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch. to read as above.

 

204.     Destruction of document to prevent its production as evidence: - Whoever secretes or destroys any document or Electronic Record1  which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant as such, or obligates or renders illegible the whole or any part of such document or Electronic Record1 with the intention of prevention the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.   

 

1.         Ins. By Information Technology Act, 2000 (Sch. 1). W.E.F. 17-10-2000.

 

 

205.     False personation for purpose of act or proceeding in suit or prosecution: - Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.

           

206.     Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution: - Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

         

207.     Fraudulent claim to property to prevent its seizure as forfeited or in execution: - Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or a satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made or which knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.  

 

208.     Fraudulently suffering decree for sum not due: - Whoever fraudulently causes or suffer a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum that is due to such person or for any property or interest or property to which such person is not entitled, or fraudulently causes or suffers a decree order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

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.

 

209.     Dishonestly making false claim in Court: - Whoever fraudulently or dishonestly, or with intent to injure or any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

 

210.     Fraudulently obtaining decree for sum not due:- Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

211.     False charge of offence made with intent to injure:- whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

 

And if such criminal proceeding be instituted on a false charge of an offence punishable with death 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).

 

212.     Hrbouring offender: - Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reasons to believe to be the offender, with the intention of screening him from legal punishment;

 

            If a capital offence: - shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine;

 

If punishable with imprisonment for life, or with imprisonment: - and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

 

And if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

 

2[“Offence” in this section includes any act committed at any place out of 3[India], which, if committed in 3[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 3[India].]

 

Exception: - This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.

 

Illustration

 

A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to 1[imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and also liable to fine.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).

2.         Ins. by Act 3 of 1894, sec.7.

3.         The words “British India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch. to read as above.

 

213.     Taking gift, etc., to screen an offender from punishment: - Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment.

 

If a capital offence:- shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

If punishable with imprisonment for life, or with imprisonment: - and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

 

And if the offence is punishable with 1[imprisonment not exceeding to ten], or with years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).

 

214.     Offering gift or restoration of property in consideration of screening offender: - Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, 1[restores or causes the restoration of] any property to any person, in consideration of that person’s concealing an offence, or of his screening my person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

 

If a capital offence: - shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

If punishable with imprisonment for life, or with imprisonment: - and if the offence is punishable with 2[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

 

And if the offence is punishable with imprisonment not exceeding to ten years shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

 

3[Explanation:-  The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.]

 

4 [* * *]

 

1.         Subs. by Act 42 of 1953, sec. 4 and Sch. III, for “to restore or cause the restoration”.

2.         Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).

3.         Subs. by Act 8 of 1882, sec. 6, for the original Exception.

4.         Illustrations rep. By Act 10 of 1882, sec, 2 and sch.I.

 

215.     Taking gift to help to recover stolen property, etc.: - Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

216.     Harbouring offender who has escaped from custody or whose apprehension has been ordered: - Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody;

 

Or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours of conceals that person which the intention of preventing him from being apprehended, shall be punished in the manner following that is to say: -

 

If a capital offence: - If the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

If punishable with imprisonment for life, or with imprisonment: - If the offence is punishable with 1[imprisonment for life], or with imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine.

 

And if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

 

2[“Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of 3[India], which, if he had been guilty of it in 3[India], would have been punishable as an offence, and for which he is, under any law relating to extradition, 4[***] or otherwise, liable to be apprehended or detained in custody in 3[India]; and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 3[India].]

 

Exception: -  This provision does not extend to he case in which the harbour or concealment is by the husband or wife of the person to be apprehended.

 

1.         Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).

2.         Ins. by Act 10 of 1886, sec. 23.

3.         The words “British India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch. to read as above.

4.         The words “or under the Fugitive Offenders Act, 1881,” omitted by Act 3 of 1951, sec.3 and sch.

 

1[216A. Penalty for harbouring robbers or dacoits: - Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

 

 

Explanation:-  For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without 2[India]

 

Exception: -  This provision does not extend to the case in which the harbour is by the husband or wife of the offender.]

 

1.         Ins. by Act 3 of 1894, sec. 8.

2.         The words “British India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch. to read as above.

 

1[216B. Definition of “harbour” in sections 212, 216 and 216A - [Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), sec. 3.]] 

 

1.         Ins. by Act 3 of 1894, sec.8.    

    

217.     Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture:- Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both

 

218.     Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture: - Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

  

219.     Public servant in judicial proceeding corruptly making report, etc., contrary to law: - Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

220.     Commitment for trial or confinement by person having authority who knows that he is acting contrary to law: - Whoever, being in any office which gives legal authority to commit persons for trial or to commitment, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

221.     Intentional omission to apprehend on the part of public servant bound to apprehend: - Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-

 

With imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or

 

With imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 1[imprisonment for life] or imprisonment for a term which may extend to ten years; or

 

With imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.            

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956 ).

 

222.     Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed:- Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence 1[or lawfully committed to custody], intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-

 

With 2[imprisonment of life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or

 

With imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to 3[imprisonment for life] 4[***] 5[***] 6[***] 7[***] or imprisonment for a term of ten years or upwards; or

 

With imprisonment of either description for a term which may extend to two years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years 8[or if the person was lawfully committed to custody].

 

1.         Ins. by Act 27 of 1870, sec. 8.

2.         Subs. Act 26 of 1955, Sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).

3.         Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956.)

4.         The words “or penal servitude for life” omitted by Act 17 of 1949, sec.2 (w.e.f. 6-4-1949).

5.         The words “or to” omitted by Act 36 of 1957, sec.3 and sch.II.

6.         The word “transportation” omitted by Act 26 of 1955, sec.117 and sch.(w.e.f. 1-1-1956).

7.         The words “or penal servitude” omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).

8.         Ins. by Act 27 of  1870, sec.8.

 

223.     Escape from confinement or custody negligently suffered by public servant: - Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence 1[or lawfully committed to custody], negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

1.         Ins. by Act 27 of 1870, sec. 8.

   

224.     Resistance or obstruction by a person to his lawful apprehension: - Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Explanation: - The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.

 

225.     Resistance or obstruction to lawful apprehension of another person: - Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

 

Or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with 1[imprisonment for life] or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

 

 

Or, if the person to be apprehended, or the person attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

Or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to 1[imprisonment for life] 2[***] 3[***] 4[***] or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

Or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine

 

1.         Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1- 1956).

2.         The words “or to” omitted by Act of 36 of 1957, sec.3 and sch.II.

3.         The word “transportation” omitted by Act 26 of 1955, sec.117 and sch.(w.e.f.1-1-1956).

4.         The words “penal servitude” omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).

 

1[225A:-Omission to apprehend, or sufferance of escape on part of public servant in cases not otherwise, provided for: - Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished: -

 

  (a)      If he does so intentionally, with imprisonment of either description of either description for a term which may extend to three years, or with fine, or with both; and

 

(b)        If he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

1.         Sections 225A and 225B subs. by Act 10 of 1886, sec. 24(1), for section 225A which had been ins. by Act 27 of 1870, sec. 9.

 

225B. Resistant or obstruction to lawful apprehension, or rescue in cases not otherwise provided for: - Whoever, in any case not provided for in section 224 or 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escape or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.]

 

226.     Unlawful return from transportation: - [Rep. by the Code of Criminal Procedure (Amendment) Act, 1995 (26 of 1995), sec. 117 and Sch. (w.e.f. 1.1.1956).]

 

227.     Violation of condition of remission of punishment: - Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.

 

228.     Intentional insult or interruption to public servant sitting in judicial proceeding: - Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

1[228A. Disclosure of identity of the victim of certain offences etc.: -  

 

(1)        Whoever prints or publishers the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C, or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

 

(2)        Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is:-

 

(a)        By or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or

 

(b)        By, or with authorization in writing of, the victim; or

 

(c)        Where the victim is dead or minor or of unsound mind, by, or with the authorization in writing of, the next of kin of the victim:

 

Provided that no such authorization shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognized welfare institution or organization.

 

Explanation:- For the purpose of this section, “recognized welfare institution or organization” means a social welfare institution or organization recognized in this behalf by the Central or State Government.

 

(3)        Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

 

Explanation: - The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.]

 

1.         Ins. by Act 43 of 1983, sec.2.

 

229.     Personation of a juror or assessor: - Whoever by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CHAPTER XII

OF OFFENCEES RELATING TO COIN

AND GOVERNMENT STAMPS

 

230.     Coin” defined: - 1[Coin is metal used for the time being as money, and stamped and issued by the authority of some State or sovereign Power in order to be so used.]

 

Indian coin: -  2[Indian coin is metal stamped and issued by the authority of the Government of Indian in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.]

 

Illustration

(a)        Cowries are not coin.

(b)        Lumps of unstamped copper, though used as money, are not coin.

 

(c)        Medals are not coin, in as much as they are not intended to be used as money.

 

(d)        The coin denominated as the Company’s rupee is 3[Indian coin].

 

4[(e)     The “Farukhabad rupee” which was formerly used as money under the authority of the Government of India is 3[Indian coin] although it is no longer so used].

 

1.         Subs. by Act 19 of 1872, sec.1, for the original first paragraph.

2.         Subs. by A.O.1950, for the former paragraph.

3.         Subs. by A.O.1950, for “the Queen’s Coin”.

4.         Ins. by Act 6 of 1896, sec.1.

 

231.     Counterfeiting coin: - Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

Explanation: - A person commits this offence who intending to practice deception, or knowing it to be likely that deception will thereby be practiced, causes a genuine coin to appear like a different coin.

 

232.     Counterfeiting Indian coin:- Whoever counterfeits, or knowingly performs any part of the process of counterfeiting 1[Indian coin], shall be punished with 2[imprisonment for life], or with imprisonment of either description for a term which may extent to ten years, and shall also be liable to fine.

 

1.         Subs. by the A.O. 1950, for “the Queen’s coin”.

2.         Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f.   1.1.1956).

 

233.     Making or selling instrument for counterfeiting coin: - Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.  

 

234.     Making or selling instrument for counterfeiting Indian coin: - Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of , any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting 1[Indian coin], shall be punished with imprisonment of either description  for a term which may extend to seven years, and shall also be liable to fine.

 

1.         Subs. by the A.O.1950, for “the Queen’s Coin”.

 

235.     Possession of instrument, or material for the purpose of using the same for counterfeiting coin:-  Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

If Indian coin: - and if the coin to be counterfeited is 1[Indian coin], shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

1.         Subs. by the A.O.1950, for “the Queen’s Coin”.

 

236.     Abetting in India the counterfeiting out of India of coin:- Whoever, being within 1[India], abets the counterfeiting of coin out of 1[India], shall be punished in the same manner as if he abetted the counterfeiting of such coin within 1[India].

 

1.         The words “British India” have successively been subs. by the A.O. 1948, the A.O.   1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

 

237.     Import or export of counterfeit coin:- Whoever imports into 1[India],or exports there from, any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

 

1.         The words “British India” have successively been subs. by the A.O. 1948, the A.O.   1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

 

238.     Import or export of counterfeits of the India coin:-  Whoever imports into 1[India], or exports there from any counterfeit coin, which he knows or has reason to believe to be a counterfeit of 2[India coin], shall be punished with imprisonment with 3[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

1.         The words “British India” have successively been subs. by the A.O. 1948, the A.O.   1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

2.         Subs. by the A.O.1950, for “Queen’s Coin”.

3.         Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).

 

239.     Delivery of coin, possessed with knowledge that it is counterfeit: - Whoever, having any counterfeit coin, which at the time when he became possessed of it knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

240.     Delivery of Indian coin, possessed with knowledge that it is counterfeit:- Whoever, having any counterfeit coin which is a counterfeit of 1[Indian coin],  and which, at the time when he became possessed of it, he knew to be a counterfeit of 2[Indian coin], fraudulently or with intent that fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

1.         The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

2.         Subs. by the A.O. 1950, for “Queen’s coin”.

 

241.     Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit:- Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both.

 

Illustration

 

A, a coiner, delivers counterfeit Company’s rupees to his accomplice B, for the purpose of uttering them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit. C pays away the rupees for good to D, who receives them, not knowing them to be counterfeit. D, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under his section, but B and C are punishable under section 239 or 240, as the case may be.

 

242.     Possession of counterfeit coin by person who knew it to be counterfeit when he became possess thereof: - Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

243.     Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof: Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of 1[Indian coin], having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

1.         Subs. by the A.O. 1950, for “the Queen’s coin”. 

 

244.     Person employed in mint causing coin to be of different weight or composition from that fixed by law:- Whoever, being employed in any mint lawfully established in 1[India], does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight  or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

1.         The words “British India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch., to read as above.

 

245.     Unlawfully taking coining instrument from mint: - Whoever, without lawful authority, takes out of any mint, lawfully established in 1[India], any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

1.         The words “British India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch., to read as above.

 

246.     Fraudulently or dishonestly diminishing weight or altering composition of coin: - Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

Explanation:- A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.

 

247.     Fraudulently or dishonestly diminishing weight or altering composition of Indian coin: - Whoever fraudulently or dishonestly performs on 1[any Indian coin] any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

1.         Subs. by the A.O.1950 for “any of the Queen’s Coin”.

 

248.     Altering appearance of coin with intent that it shall pass as coin of different description: - Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

249.     Altering appearance of India coin with intent that it shall pass as coin of different description: - whoever performs on 1[any Indian coin] any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

1.