Clauses
THE BHARATIYA NYAYA SANHITA, 2023
————— ARRANGEMENT OF CLAUSES
—————
CHAPTER I PRELIMINARY
1.
Short title, commencement and application.
2.
Definitions.
3.
General Explanations and expressions.
CHAPTER II OF PUNISHMENTS
4.
Punishments.
5.
Commutation of sentence of death or imprisonment for life.
6.
Fractions of terms of punishment.
7.
Sentence may be (in certain cases of
imprisonment) wholly or partly rigorous or simple.
8.
Amount of fine, liability in default of payment of fine, etc.
9.
Limit of punishment of offence made up of several offences.
10.
Punishment of person guilty
of one of several offences,
the judgment stating
that it is doubtful of which.
11.
Solitary confinement.
12.
Limit of solitary confinement.
13.
Enhanced punishment for certain offences
after previous conviction.
CHAPTER III General Exceptions
14.
Act done by a person bound, or by mistake of fact believing himself bound, by law.
15.
Act of Judge when acting judicially.
16.
Act done pursuant to the judgment or order of Court.
17.
Act done by a person justified, or by mistake of fact believing himself, justified, by law.
18.
Accident in doing a lawful act.
19.
Act likely to cause harm, but done
without criminal intent, and to prevent other harm.
20.
Act of a child under seven years of age.
21.
Act of a child above seven and under twelve of immature
understanding.
22.
Act of a person of mental illness.
23.
Act of a person
incapable of judgment
by reason of intoxication caused
against his will.
24.
Offence requiring a particular intent or knowledge committed by one who is intoxicated.
25.
Act not intended and not known to be likely to cause death or grievous
hurt, done by consent.
26.
Act not intended to cause death, done by consent in good faith for person’s benefit.
27.
Act done in good faith for benefit of child or person with mental illness,
by or by consent of guardian.
28.
Consent known to be given
under fear or misconception.
29.
Exclusion of acts which are offences independently of harm caused.
30.
Act done in good faith for benefit
of a person without consent.
31.
Communication made in good faith.
32.
Act to which a person compelled by threats.
33.
Act causing slight
harm.
Of the Right of Private Defence
34.
Things done in private defence.
35.
Right of private
defence of the body and of property.
36.
Right of private
defence against the act of a person
with mental illness,
etc.
37.
Acts against
which there is no right of private defence.
38.
When the right of private defence of the body extends to causing death.
39.
When such right extends to causing any harm other than death.
40.
Commencement and continuance of the right of private
defence of the body.
41.
When the right of private
defence of property
extends to causing death.
42.
When such right extends to causing any harm other than death.
43.
Commencement and continuance of the right of private
defence of property.
44.
Right of private defence against deadly assault when there is risk of harm to innocent
person.
CHAPTER IV
Of Abetment, Criminal Conspiracy and Attempt
Of Abetment
45.
Abetment of a thing.
46.
Abettor.
47.
Abetment in India
of offences outside
India.
48.
Abetment outside India for offence
in India.
49.
Punishment of abetment if the act abetted is committed in consequence and where
no express provision is made for its punishment.
50.
Punishment of abetment if person
abetted does act with different intention from that of abettor.
51.
Liability of abettor
when one act abetted and different act done.
52.
Abettor when liable
to cumulative punishment for act abetted
and for act done.
53.
Liability of abettor for an effect caused by the act abetted different from that intended by
the abettor.
54.
Abettor present when offence is committed.
55.
Abetment of offence
punishable with death
or imprisonment for life.
56.
Abetment of offence
punishable with imprisonment.
57.
Abetting commission of offence by the public
or by more than ten persons.
58.
Concealing design to commit
offence punishable with death or imprisonment for life.
59.
Public servant concealing design to commit
offence which it is his duty to prevent.
60.
Concealing design to commit offence
punishable with imprisonment.
Of Criminal Conspiracy
61.
Criminal conspiracy.
Of Attempt
62.
Punishment for attempting to commit offences
punishable with imprisonment for life or other imprisonment.
CHAPTER V
Of Offences Against Woman and Children
Of Sexual offences
63. Rape.
64.
Punishment for rape.
65.
Punishment for rape in certain
cases.
66.
Punishment for causing
death or resulting in persistent vegetative state of victim.
67.
Sexual intercourse by husband upon
his wife during separation or by a person in authority.
68.
Sexual intercourse by a person
in authority.
69.
Sexual intercourse by employing deceitful
means etc.
70.
Gang rape.
71.
Punishment for repeat
offenders.
72.
Disclosure of identity
of the victim of certain
offences, etc.
Of criminal force and assault against women
73.
Assault or criminal
force to woman with intent
to outrage her modesty.
74.
Sexual harassment and punishment for sexual harassment.
75.
Assault or use of criminal
force to woman with intent to disrobe.
76.
Voyeurism.
77.
Stalking.
78.
Word, gesture or act intended
to insult the modesty of a woman.
Of offences relating
to marriage
79.
Dowry death.
80.
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
81.
Marrying again during lifetime of
husband or wife.
82.
Marriage ceremony fraudulently gone through without lawful marriage.
83.
Enticing or taking away or detaining with criminal intent a married woman.
84.
Husband or relative
of husband of a woman subjecting her to cruelty.
85.
Kidnapping, abducting or inducing woman to compel her marriage,
etc.
Of the causing
of miscarriage, etc.
86.
Causing miscarriage.
87.
Causing miscarriage without
woman’s consent.
88.
Death caused
by act done with intent to cause miscarriage.
89.
Act done with intent to prevent child being born alive or to cause it to die after birth.
90.
Causing death of quick unborn
child by act amounting to culpable homicide.
Of offences
against children
91.
Exposure and abandonment of child under twelve years, by parent or person having care
of it.
92.
Concealment of birth
by secret disposal
of dead body.
93.
Hiring, employing or engaging a child to commit an offence.
94.
Procuration of child.
95.
Kidnapping or abducting
child under ten years with intent to steal from its person.
96.
Selling child for purposes of prostitution, etc.
97.
Buying child for purposes of prostitution, etc.
CHAPTER VI
Of Offences Affecting the Human Body
Of offences affecting life
98.
Culpable homicide.
99.
Murder.
100.
Culpable homicide by causing
death of person other than person whose death was intended.
101. Punishment for murder.
102. Punishment for murder by life-convict.
103. Punishment for culpable homicide
not amounting to murder.
104. Causing death by negligence.
105. Abetment of suicide of child or person with mental illness.
106.
Abetment of suicide.
107.
Attempt to murder.
108.
Attempt to commit culpable homicide.
109.
Organised crime.
110.
Petty organised crime
or organised in general.
111.
Offence of terrorist
act.
Of hurt
112.
Hurt.
113.
Voluntarily causing hurt.
114.
Grievous hurt.
115.
Voluntarily causing grievous hurt.
116.
Voluntarily causing hurt or grievous
hurt by dangerous
weapons or means.
117.
Voluntarily causing hurt or grievous hurt to extort
property, or to constrain to an
illegal to an act.
118.
Voluntarily causing hurt or grievous hurt to extort
confession, or to compel
restoration of property.
119.
Voluntarily causing hurt or grievous
hurt to deter public servant
from his duty.
120.
Voluntarily causing hurt or grievous
hurt on provocation.
121.
Causing hurt by means of poison, etc., with intent to commit
an offence.
122.
Voluntarily causing grievous
hurt by use of acid, etc.
123.
Act endangering
life or personal safety of others.
124.
Wrongful restraint.
125.
Wrongful confinement.
Of Criminal
Force and Assault
126.
Force.
127.
Criminal force.
128.
Assault.
129.
Punishment for assault
or criminal force otherwise than on grave provocation.
130.
Assault or criminal
force to deter public servant
from discharge of his duty.
131.
Assault or criminal force
with intent to dishonor person,
otherwise than on grave
provocation.
132.
Assault or criminal force in attempt to commit theft of property carried by a person.
133.
Assault or criminal
force in attempt
wrongfully to confine
a person.
134.
Assault or criminal
force on grave provocation.
Of Kidnapping, Abduction, Slavery and Forced Labour
135.
Kidnapping.
136.
Abduction.
137.
Kidnapping or maiming
a child for purposes of begging.
138.
Kidnapping or abducting
in order to murder or for ransom
etc.
139.
Importation of girl or boy from foreign country.
140.
Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
141.
Trafficking of person.
142.
Exploitation of a trafficked person.
143.
Habitual dealing in slaves.
144.
Unlawful compulsory labour.
CHAPTER VII
Of Offences Against The State
145.
Waging, or attempting to wage war, or abetting
waging of war, against the Government of India.
146.
Conspiracy to commit
offences punishable by section 145.
147.
Collecting arms, etc., with
intention of waging war against the Government of India.
148.
Concealing with intent
to facilitate design
to wage war.
149.
Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.
150.
Acts endangering sovereignty unity and integrity
of India.
151.
Waging war against Government of any foreign State at peace with the Government of India.
152.
Committing depredation on territories of foreign State at peace with the Government of India.
153.
Receiving property taken by war or
depredation mentioned in sections 153 and 154.
154.
Public servant voluntarily allowing prisoner of state or war to escape.
155.
Public servant negligently suffering such prisoner
to escape.
156.
Aiding escape of, rescuing or harbouring such prisoner.
CHAPTER VIII
Of Offences Relating to the Army, Navy and Air Force
157.
Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
158.
Abetment of mutiny,
if mutiny is committed in consequence thereof.
159.
Abetment of assault by soldier, sailor or airman on his superior officer,
when in execution of his
office.
160.
Abetment of such assault, if the assault committed.
161.
Abetment of desertion of soldier, sailor or airman.
162.
Harbouring deserter.
163.
Deserter concealed on board merchant
vessel through negligence of master.
164.
Abetment of act of insubordination by soldier, sailor or airman.
165.
Persons subject to certain Acts.
166.
Wearing garb or carrying token
used by soldier, sailor or airman.
CHAPTER IX
Of Offences Relating to Elections
167.
Candidate, electoral right defined.
168.
Bribery.
169.
Undue influence at
elections.
Clauses
170.
Personation at elections.
171.
Punishment for bribery.
172.
Punishment for undue influence or personation at an election.
173.
False statement in connection with an election.
174.
Illegal payments in connection with an election.
175.
Failure to keep election accounts.
CHAPTER X
Of Offences Relating to Coin, Currency Notes, Bank Notes, and
Government Stamps
176.
Counterfeiting coin,
government stamps, currency-notes or bank-notes.
177.
Using as genuine, forged
or counterfeit coin, Government stamp,
currency-notes or bank notes.
178.
Possession of forged or counterfeit
coin, Government stamp, currency-notes or bank-notes.
179.
Making or
possessing instruments or materials for forging or counterfeiting coin, Government
stamp, currency notes or bank-notes.
180.
Making or
using documents resembling currency-notes or bank-notes.
181.
Effacing writing from substance bearing Government stamp,
or removing from document a stamp used for it, with
intent to cause loss to Government.
182.
Using Government stamp known to have been before used.
183.
Erasure of mark denoting that stamp has been used.
184.
Prohibition of fictitious stamps.
185.
Person employed in mint causing
coin to be of different weight or composition from that fixed by law.
186.
Unlawfully taking coining instrument from mint.
CHAPTER XI
Of Offences Against the Public Tranquillity
187.
Unlawful assembly.
188.
Every member of unlawful assembly guilty of offence committed in prosecution of common object.
189.
Rioting.
190.
Wantonly giving provocation with intent to cause riot- if rioting
be committed; if not committed.
191.
Liability of owner, occupier
etc., of land on which an unlawful
assembly or riot takes place.
192.
Affray.
193.
Assaulting or obstructing public servant when suppressing riot, etc.
194.
Promoting enmity between different groups on ground
of religion, race, place of birth, residence, language, etc., and
doing acts prejudicial to maintenance of harmony.
195.
Imputations, assertions prejudicial to national integration.
Clauses
CHAPTER XII
Of Offences by or Relating to Public Servants
196.
Public servant disobeying law, with intent
to cause injury
to any person.
197.
Public servant disobeying direction under law.
198.
Punishment for non-treatment of
victim.
199.
Public servant framing
an incorrect document
with intent to cause injury.
200.
Public servant unlawfully engaging in trade.
201.
Public servant unlawfully buying or bidding
for property.
202.
Personating a public servant.
203.
Wearing garb or carrying
token used by public servant
with fraudulent intent. CHAPTER XIII
Of Contempts of the Lawful Authority of Public Servants
204.
Absconding to avoid service of summons or other proceeding.
205.
Preventing service of summons or
other proceeding, or preventing publication thereof.
206.
Non-attendance in obedience
to an order from public
servant.
207.
Non-appearance in response to a proclamation under section 82 of Act of 2023.
208.
Omission to produce document to
public servant by person legally bound to produce
it.
209.
Omission to give notice
or information to public servant
by person legally
bound to give it.
210.
Furnishing false information.
211.
Refusing oath or affirmation when duly required
by public servant
to make it.
212.
Refusing to answer public servant authorised to question.
213.
Refusing to sign statement.
214.
False statement on oath or
affirmation to public servant or person authorised to administer an oath or
affirmation.
215.
False information, with intent to cause public servant
to use his lawful power to
the injury of another person.
216.
Resistance to the taking of property by the lawful
authority of a public servant.
217.
Obstructing sale of property offered
for sale by authority of public servant.
218.
Illegal purchase or bid for property offered for sale by authority of public servant.
219.
Obstructing public
servant in discharge
of public functions.
220.
Omission to assist public servant when bound by law to give assistance.
221.
Disobedience to order duly promulgated by public servant.
222.
Threat of injury
to public servant.
223.
Threat of injury to induce person
to refrain from applying for protection to public
servant.
224.
Attempt to commit suicide to compel or restraint exercise of lawful power.
Clauses
CHAPTER XIV
Of False Evidenceand Offences against Public Justice
225.
Giving false evidence.
226.
Fabricating false evidence.
227.
Punishment for false
evidence.
228.
Giving or fabricating false evidence with intent to procure conviction of capital offence.
229.
Giving or fabricating false
evidence with intent
to procure conviction of offence
punishable with imprisonment for life or imprisonment.
230.
Threatening any person to give false evidence.
231.
Using evidence known to be
false.
232.
Issuing or signing
false certificate.
233.
Using as true a certificate known to be false.
234.
False statement made in declaration which is by law receivable as evidence.
235.
Using as true such declaration knowing it to be false.
236.
Causing disappearance of evidence
of offence, or giving false information to screen offender.
237.
Intentional omission to give information of offence by person bound to inform.
238.
Giving false information respecting an offence committed.
239.
Destruction of document
to prevent its production as evidence.
240.
False personation for purpose of act or proceeding in suit or prosecution.
241.
Fraudulent removal or concealment of property to prevent its seizure as forfeited
or in execution.
242.
Fraudulent claim to property to prevent its seizure as forfeited or in execution.
243.
Fraudulently suffering decree
for sum not due.
244.
Dishonestly making false claim in Court.
245.
Fraudulently obtaining decree for sum not due.
246.
False charge of offence made with intent
to injure.
247.
Harbouring offender.
248.
Taking gift, etc.,
to screen an offender from punishment.
249.
Offering gift or restoration of property in consideration of screening offender.
250.
Taking gift to help to recover stolen
property, etc.
251.
Harbouring offender who has escaped from custody or whose apprehension has been ordered.
252.
Penalty for harbouring robbers or dacoits.
253.
Public servant disobeying direction
of law with intent to save person from
punishment or property from forfeiture.
254.
Public servant framing incorrect record or writing with intent to save person from punishment
or property from forfeiture.
Clauses
255.
Public servant in judicial proceeding corruptly making report, etc., contrary to law.
256.
Commitment for trial or confinement by person having
authority who knows that
he is acting contrary to law.
257.
Intentional omission to apprehend
on the part of public servant bound to
apprehend.
258.
Intentional omission to apprehend
on the part of public servant bound to
apprehend person under sentence or lawfully committed.
259.
Escape from confinement or custody negligently suffered by public servant.
260.
Resistance or obstruction by a person to his lawful apprehension.
261.
Resistance or obstruction to lawful apprehension of another person.
262.
Omission to apprehend, or
sufferance of escape, on part of public servant, in cases not otherwise, provided for.
263.
Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.
264.
Violation of condition of remission of punishment.
265.
Intentional insult or interruption to public servant
sitting in judicial
proceeding.
266.
Personation of an assessor.
267.
Failure by person
released on bail or bond to appear
in court.
CHAPTER XV
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 line of navigation.
284.
Negligent conduct with respect to poisonous substance.
Clauses
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, repairing or constructing buildings etc.
289.
Negligent conduct with respect to animal.
290.
Punishment for public nuisance in cases not otherwise provided
for.
291.
Continuance of nuisance
after injunction to discontinue.
292.
Sale, etc., of obscene books, etc.
293.
Sale, etc., of obscene objects
to child.
294.
Obscene acts and songs.
295.
Keeping lottery office.
CHAPTER XVI
Of Offences relating to Religion
296.
Injuring or defiling place of worship, with intent to insult the religion of any class.
297.
Deliberate and malicious acts, intended to outrage religious
feelings of any class
by insulting its religion or religious beliefs.
298.
Disturbing religious assembly.
299.
Trespassing on burial places, etc.
300.
Uttering words, etc., with deliberate intent to wound religious feelings.
CHAPTER XVII
Of Offences against Property
301.
Theft.
302.
Snatching.
303.
Theft in a dwelling house,
or means of transportation or place of worship, etc.
304.
Theft by clerk or servant
of property in possession of master.
305.
Theft after preparation made for
causing death, hurt or restraint in order to the committing of theft.
306.
Extortion.
307.
Robbery.
308.
Dacoity.
Of extortion
Of Robbery
and Dacoity
309.
Robbery, or dacoity,
with attempt to cause death or grievous
hurt.
310.
Attempt to commit
robbery or dacoity
when armed with deadly weapon.
311.
Punishment for belonging to gang of robbers, dacoits, etc.
Of Criminal Misappropriation of Property
Clauses
312.
Dishonest misappropriation of
property.
313.
Dishonest misappropriation of
property possessed by deceased person at the
time of his death.
Of Criminal Breach
of Trust
314.
Criminal breach of trust.
Of the Receiving
of Stolen Property
315.
Stolen property.
Of Cheating
316.
Cheating.
317.
Cheating by personation.
Of Fraudulent
Deeds and Dispositions of Property
318.
Dishonest or fraudulent removal or concealment of property to prevent distribution among
creditors.
319.
Dishonestly or fraudulently preventing debt being available for creditors.
320.
Dishonest or fraudulent execution of deed of transfer containing false statement of
consideration.
321.
Dishonest or fraudulent removal or concealment of property.
Of Mischief
322.
Mischief.
323.
Mischief by killing or maiming animal.
324.
Mischief by injury,
inundation, fire or explosive substance, etc.
325.
Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of
twenty tons burden.
326.
Punishment for intentionally
running vessel aground or ashore with intent to commit theft, etc.
Of Criminal Trespass
327.
Criminal trespass and house-trespass.
328.
House-trespass and house-breaking.
329.
Punishment for house-trespass or house breaking.
330.
House-trespass in order
to commit offence.
331.
House-trespass after preparation for hurt, assault
or wrongful restraint.
332.
Dishonestly breaking open receptacle containing property.
CHAPTER XVIII
Of Offences Relating To Documents And To Property Marks
333.
Making a false document.
334.
Forgery.
335.
Forgery of record
of Court or of public
register, etc.
336.
Forgery of valuable security, will, etc.
337.
Having possession of document described in section 335 or 336, knowing it to be forged
and intending to use it as genuine.
338.
Forged document or electronic record and using it as genuine.
339.
Making or possessing counterfeit seal, etc., with intent to commit forgery
punishable under section 336.
340.
Counterfeiting device or mark used
for authenticating documents described in section 336, or possessing
counterfeit marked material.
341.
Fraudulent cancellation, destruction, etc., of
will, authority to adopt, or valuable
security.
342.
Falsification of accounts.
Of Property Marks
343.
Property mark.
344.
Tampering with property mark with intent to cause injury.
345.
Counterfeiting a property mark.
346.
Making or possession of any instrument for counterfeiting a property mark.
347.
Selling goods marked with a counterfeit property mark.
348.
Making a false mark upon any receptacle containing goods.
CHAPTER XIX
Of Criminal Intimidation, insult, Annoyance, Defamation, Etc.
349.
Criminal intimidation.
350.
Intentional insult with intent to provoke breach
of peace.
351.
Statements conducing to public mischief.
352.
Act caused by inducing
person to believe
that he will be rendered
an object of the
Divine displeasure.
353.
Misconduct in public by a drunken person.
Of Defamation
354.
Defamation.
Of breach of contract
to attend on and supply wants of helpless person.
355.
Breach of contract
to attend on and supply wants of helpless person.
356.
Repeal and savings.
|
Bill
No. 121 of 2023
THE BHARATIYA NYAYA SANHITA, 2023
A
BILL
to consolidate
and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
BE it
enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:––
CHAPTER I PRELIMINARY
5 1. (1)
This Act may be called the Bharatiya Nyaya Sanhita, 2023.
(2)
It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint, and different dates may be appointed for different provisions
of the Sanhita.
Short title, commencement and
application.
(3)
Every person shall be liable to punishment under this Sanhita and not otherwise for every
act or omission contrary to the provisions thereof, of which he shall be guilty within
India.
Definitions.
(4)
Any person
liable, by any law for the time being in force in India, to be tried
for an offence committed
beyond India shall be dealt with according to the provisions of this 5 Sanhita for any act committed
beyond India in the same manner as if such act had been committed within
India.
(5) The provisions of this Sanhita
apply also to any offence
committed by—
(a)
any
citizen of India in any place without
and beyond India;
(b) any person on any ship or aircraft registered in India wherever
it may be; 10
(c) any person in any place without and beyond India committing offence targeting a computer resource located in India.
Explanation.—In this section the word “offence” includes every act committed outside India which, if committed in India, would be punishable
under this Sanhita.
Illustration. 15
A, who is a citizen of India, commits
a murder in any place without and beyond India, he can be tried and convicted of
murder in any place in India in which he may be found.
(6)
Nothing in this Sanhita
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. 20
2. In this Sanhita unless the context
otherwise requires,––
(1)
“act”
as well a series of acts as a single act;
(2)
“animal” means any living creature, other than a human being;
(3) “counterfeit”.––A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, 25
or knowing it to be likely that deception will thereby be proctised.
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 30
intended by means of that resemblance to
practise deception or knew it to be likely that deception would thereby be
practised;
(4) “Court” means 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; 35
(5) “death” means the death of a human
being unless the contrary appears
from the context;
(6) “dishonestly” means doing of an act with the intention
of causing wrongful gain to one person or wrongful
loss to another person;
(7) “document” means any matter expressed or described upon any substance 40
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 or
not. 45
Illustrations.
(a)
A writing
expressing the terms of a contract, which may be used as evidence
of the contract, is a document.
(b) A cheque upon a banker is a document.
5 (c) A power-of-attorney is a document.
(d) A Map or plan which is intended to be used or which may be used as evidence, is a document.
(e) A writing
containing directions or instructions is a document.
Explanation 2.—Whatever is expressed by means of letters, figures
or marks as
10 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.
15
20
40 of 2019.
25
30
35
40
45
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 shall 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.
(8) “fraudulently”.—A person is said to do a thing fraudulently if he does that
thing with intent to defraud but not otherwise.
(9) “gender”.—the pronoun “he” and its derivatives are used of any
person, whether male, female or transgender.
Explanation.–– “transgender” shall have the meaning assigned
to it in clause
(k) of section 2 of the Transgender Persons
(Protection of Rights)
Act, 2019;
(10)
“good faith”.—Nothing
is said to be done or believed in “good faith” which is done or believed
without due care and attention;
(11) “Government” means the Central Government or a State Government;
(12) “harbour”.—except as otherwise provided in this Sanhita, 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;
(13) “injury” means any harm whatever
illegally caused to any person,
in body, mind, reputation or
property;
(14)
“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;
(15) “Judge” means a person who is officially
designated as a Judge and includes a person,––
(i)
who is empowered by
law to give, in any legal proceeding, civil or criminal, a definitive judgment,
or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority,
would be definitive; or
(ii)
who is one of a body or persons,
which body of persons is empowered
by law to give such a judgment.
llustration.
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;
(16) “life” means the life of a human being, unless the contrary appears from the
context;
(17) “local law” means a law applicable only to a particular part of India;
(18) “man” means male human
being of any age;
(19)
“mental illness”
shall have the meaning assigned to it in clause (a) of section 2 of the
Mental Healthcare Act, 2017;
(20) “month” and “year”.––Wherever the word “month”
or the word “year” is used,
it is to be understood that the month or the year is to be reckoned according
to the Gregorian calendar;
(21)
“movable property”
includes property of every description, except land and things attached to the earth or permanently fastened to anything
which is attached to the earth;
(22) “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;
(23) “oath” includes a solemn affirmation substituted by law for an
oath, and any declaration required
or authorised by law to be made before a public servant
or to be used for the purpose
of proof, whether in a Court or not;
(24) “offence”.—Except in the Chapters
and sections mentioned
in sub-clauses
(a)
and
(b) the word “offence” means an act made punishable by this Sanhita,
but––
(a)
in Chapter
III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 10, 46, 47, 48, 51, 53, 54, 55, 56, 57, 61, 113,
114, 117, sub-sections (7) and (8) of section
125, 217, 224, 225, 234, 242, 244,
245, 253, 254, 255, 256, 257, sub-sections (6) and (7) of section
306 and clause
(b)
of section 324, the
word “offence” means a thing punishable under this Sanhita, or under any special
law or local law; and
(b)
in
sections 183, 205, 206, 232, 233, 243, 247 and 323 the word “offence” shall have the same meaning
when the act punishable under
the special law or
local law is punishable under such law with
imprisonment for a term of six months or more, whether with or without
fine;
(25) “omission” means
sigle ommission as well as a series
of omissions;
(26) “person” includes any company or association or body of persons, whether
incorporated or not;
(27) “public” includes
any class of the public
or any community;
(28)
“public servant”
means a person falling under any of the descriptions, namely: —
5
10 of 2017.
10
15
20
25
30
35
(a) every commissioned officer in the Army, Navy or Air Force; 40
(b)
every Judge including
any person empowered by law to discharge, whether by himself or as a member of
any body of persons, any adjudicatory functions;
(c)
every officer
including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter
of law or fact, or 45
to make, authenticate, or keep any document, or to take charge or dispose of any
5
10
15
20
25
30
10 of 1897.
18 of 2013. 35
40
45
property, or to execute any
judicial process, or to administer any oath, or to interpret, or to preserve
order in the Court, and every person specially authorised
to perform any of such duties;
(d)
every assessor or
member of a panchayat assisting a Court or public servant;
(e)
every arbitrator or other person
to whom any cause or matter has been
referred for decision or report by any Court, or by any other competent
public authority;
(f)
every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(g)
every officer of 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;
(h)
every officer
whose duty it is as such officer,
to take, receive,
keep or expend any property
on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute
any revenue- process, or to
investigate, or to report, on any matter affecting the pecuniary interests of
the Government, or to make, authenticate or keep any document relating
to the pecuniary interests of the Government, or to prevent the infraction
of any law for the protection of the pecuniary interests of the
Government;
(i)
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;
(j)
every person who holds any office by 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;
(k) every person—
(i)
in the service or pay of the Government or remunerated by fees or
commission for the performance of any public
duty by the Government;
(ii)
in the service or pay of a local authority as defined in clause (31) of section 3 of the General Clauses Act, 1897, a corporation established by
or under a Central or State Act or a Government company as defined in
clause (45) of section 2 of the
Companies Act, 2013.
Explanation.—
(a)
persons falling under any of the descriptions made in this clause are public servants, whether appointed
by the Government or not;
(b)
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 is a public servant;
(c)
“election”
means an election for the purpose of selecting members of any legislative,
municipal or other public authority, of whatever character, the method of election to which is by, or under any law for the time being
in force.
Illustration.
A Municipal Commissioner is a public servant;
General
Explanations and expressions.
(29) “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;
(30) “special law” means a law applicable to a particular subject;
(31)
“valuable security”
means a document which is, or purports to be, a document where by any legal
right is created, extended, transferred, restricted, extinguished or released,
or where by any person acknowledges that he lies under legal liability, or has not
a certain legal right.
Illustration.
A writes his
name on the back of a bill of exchange. As the effect of this endorsement is to
transfer the right to the bill to any person who may become the lawful holder
of it, the endorsement is a “valuable security”;
(32)
“vessel” means
anything made for the conveyance by water of human beings or of property;
(33)
“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;
(34) “will” means any testamentary document;
(35) “woman” means a female
human being of any age;
(36) “wrongful gain” means gain by unlawful means of property to
which the person gaining is not legally entitled;
(37)
“wrongful loss” means the loss by unlawful means of property to which the
person losing it is legally entitled;
(38)
“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; and
(39) words and expressions used but not defined in this Sanhita
but defined in the
Information Technology Act, 2000 and the Bhartiya
Nagarik Suraksha Sanhita, 2023 and shall have the meanings
respectively assigned to them in that Act Sanhita.
3.
(1) Throughout this Sanhita 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 Sanhita which contain definitions of
offences, do not express that a child under seven years of age cannot 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”.
5
10
15
20
25
30
21 of 2000.
35
40
45
(2)
Every expression which is explained in any Part of this Sanhita, is used in every Part
of this Sanhita in conformity with the
explanation.
(3)
When property is in
the possession of a person’s spouse, clerk or servant, on account of that person,
it is in that person’s
possession within the meaning of this Sanhita.
5 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 sub-section.
(4)
In every
Part of this Sanhita, except
where a contrary
intention appears from the
context, words which refer to acts done extend also to illegal omissions.
(5)
When
a criminal act is done by several persons in furtherance of the common
10 intention of all, each of such persons is liable for that act in the same manner
as if it were done by him alone.
(6)
Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such
persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were
15 done by him alone with that knowledge or intention.
(7)
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.
20 A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has
committed murder.
(8)
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.
25 Illustrations.
(a)
A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several
doses of poison so administered to him. Here
A and B intentionally cooperate
in the commission of murder and as each of them does an act by
30 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, alternatively for six hours at a time. A
and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting,
each during the time of his attendance, to furnish Z with
food supplied to them for that purpose.
Z dies of hunger. Both A and B are guilty of the
35 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,
40 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.
(9)
Where severalpersons are engaged or concerned in the commission of a criminal act, they may be guilty of
different offences by means of that act.
Illustration.
45 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.
Punishments.
Commutation of sentence of death or
imprisonment for life.
are—
CHAPTER II
OF PUNISHMENTS 5
4. The punishments to which offenders are liable under
the provisions of this Sanhita
(a)
Death;
(b) Imprisonment for life, that is to say, imprisonment for remainder of a person’s natural life; 10
(c)
Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
(d)
Forfeiture of property;
(e) Fine; 15
(f)
Community Service.
5. In every case in which sentence of,––
(a) death has been passed, the appropriate Government may, without the consent
of the offender,
commute the punishment for any other punishment provided
by this
Sanhita; 20
(b) imprisonment for life has been passed, 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.
Explanation.––For the purposes
of this section expression“
appropriate Government”
means,––
25
(a) in cases where the sentence is a sentence of death or is for an offence against
Fractions of terms of
punishment.
Sentence may
be (in certain cases of
imprisonment) wholly or partly
rigorous or simple.
Amount of fine, liability in default of payment of fine, etc.
any law relating to a matter to which the
executive power of the Union extends, the Central Government; and
(b)
in cases
where the sentence
(whether of death
or not) is for an offence
against any law relating
to a matter to which
the executive power
of the State extends, 30 the Government of the State within which the offender is
sentenced.
6.
In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise
provided.
7.
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 35
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.
8.
(1) 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. 40
(2) In every
case of an offence––
(a)
punishable with
imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment;
(b) punishable 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, in which imprisonment shall be in excess of any
5 other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
(3) 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.
10 (4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service
may be of any description to which the offender might have
been sentenced for the offence.
(5)
If the offence is
punishable with fine or community service, the imprisonment which the Court imposes in default
of payment of the fine or in default of community service
15 shall be simple, and the term for which the
Court directs the offender to be imprisoned, in default of payment of fine or in default
of community service,
shall not exceed
for any term not
exceeding,—
(a)
two months when the
amount of the fine shall not exceed five thousand rupees; and
20 (b)
four months when the amount of the fine shall not exceed ten thousand rupees,
and for any term not exceeding one year in any other case.
(6)
(a)The imprisonment which is imposed in
default of payment of a fine shall terminate whenever
that fine is either paid or levied by process of law;
(b) If, before
the expiration of the term of imprisonment fixed in default
of payment,
25 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 thousand rupees and to four months’
imprisonment in
30 default of payment. Here, if
seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the
first month has expired. If seven hundred
and fifty 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 five hundred
rupees of the fine be paid or levied before the
35 expiration of two months of the imprisonment. A will be
discharged as soon as the two months are completed. If five hundred 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.
(7) The fine, or any part thereof which remains unpaid, may be levied at any time within
40 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.
9. (1) Where anything
which is an offence is made up of parts,
any of which parts is
45 itself an offence,
the offender shall not be punished with the punishment of more than one of such his offences, unless it be so
expressly provided.
(2) (a) 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
(b) Where
several acts, of which one or more than one would by itself or themselves
Limit of
punishment of offence
made up of several
offences.
Punishment of person guilty of one of several
offences,
judgment
stating that it is
doubtful of which.
Solitary
confinement.
Limit of solitary
confinement.
Enhanced
punishment for certain
offences after previous
conviction.
Act
done by a person bound, or by mistake of fact believing himself
bound, by law.
constitute an offence,
constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences.
Illustrations.
(a)
A gives Z fifty
strokes with a stick. Here A may have committed the offence of 5 voluntarily causing
hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were
liable to punishment for every blow, he might be imprisoned for fifty years,
one for each blow. But he is liable only to one punishment for the
whole beating.
(b)
But, if, while A is beating
Z, Y interferes, and A intentionally strikes
Y, here, as the 10
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.
10.
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 15 provided if the same punishment is not provided for all.
11.
Whenever any person
is convicted of an offence for which under this Sanhita 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 20 to the following scale, namely: —
(a)
a time not exceeding one month if the term of imprisonment shall not exceed six months;
(b)
a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; 25
(c)
a time not exceeding three months if the term of imprisonment shall exceed one
year.
12.
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 30
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.
13.
Whoever, having been convicted
by a Court in India, of an offence punishable under Chapters X or Chapter XVII of this Sanhita with imprisonment of either description for 35
a term of three years or upwards,
shall be guilty of any offence
punishable under either of those Chapters with like imprisonment
for the like term, shall be subject for every such subsequent offence
to imprisonment for life, or to imprisonment of either description for a term which may
extend to ten years.
CHAPTER III 40
General Exceptions
14.
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. 45
(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, being
ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. A has committed no
offence.
15. 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.
5 16. Nothing which is done in pursuance of, or which
is warranted by the judgment
or order of, a Court; 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.
17. Nothing is an offence
which is done by any person who is justified
by law, or who
10 by reason of a mistake
of fact and not by reason of a mistake
of law in good faith,
believes himself to be justified by law, in doing it.
Illustration.
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending
15 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.
18.
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.
20 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.
19. Nothing is an offence
merely by reason of its being done with the knowledge that
25 it is likely to cause harm, if it be done without any criminal intention
to cause harm, and in good faith for the purpose of
preventing or avoiding other harm to person or property.
Explanation.
—It is a question
of fact in such a case whether
the harm to be prevented or avoided was of such a nature and so imminent
as to justify or excuse
the risk of doing the act with the knowledge that it was
likely to cause harm.
30 Illustrations.
(a) A, the captain of a 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
35 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
40 incurring the risk of running
down the boat C.
(b) A, in a great fire, pulls down houses in order to prevent the
conflagration from spreading. He does this with the intention in good faith of
saving human life or property. Here, if it be found that the harm to be prevented
was of such a nature
and so imminent as to excuse A’s act, A is not guilty of
the offence.
Act of Judge when
acting judicially.
Act done pursuant
to judgment or order of
Court.
Act done by a person justified, or by mistake
of fact believing
himself, justified, by law.
Accident in doing a lawful
act.
Act likely to cause harm, but done
without criminal
intent, and to
prevent other harm.
Act of a child under seven years of age.
Act of a child above seven and
under twelve of
immature understanding.
Act of a person of mental illness.
Act of a person incapable
of judgment by reason of
intoxication caused against
his will.
Offence requiring a particular
intent or knowledge
committed by one who is
intoxicated.
Act not intended
and not known to be likely to cause death or grievous
hurt, done by
consent.
Act not intended
to cause death, done by
consent in good faith for person's
benefit.
Act done in good faith for benefit of child or person with mental illness,
by or by
consent of guardian.
20. Nothing is an offence
which is done by a child under seven years of age.
21.
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.
22.
Nothing is an offence
which is done by a person who, at the time of doing it, by 5 reason
of mental illness, is incapable of knowing the nature of the act, or that he is
doing what is either wrong or
contrary to law.
23. 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; unless that the thing which intoxicated him was administered 10 to him without his knowledge or against
his will.
24.
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 15
his will.
25. 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 20
reason of any harm which it may be known by the doer to be likely to
cause to any such person who has
consented to take the risk of that harm.
Illustration.
A and Z agree to
fence with each other for amusement. This agreement implies the consent of each
to suffer any harm which, in the course of such fencing, may be caused 25 without foul play; and if A, while playing
fairly, hurts Z, A commits
no offence.
26.
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. 30
Illustration.
A, a surgeon, knowing
that a particular operation is likely to cause the death of Z, who suffers under the painful complaint,
but not intending to cause Z’s death, and intending, in good faith, Z’s
benefit, performs that operation on Z, with Z’s consent. A has committed no offence. 35
27.
Nothing which is done in good faith for the benefit
of a person under twelve years
of age, or of person with mental illness, 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: 40
Provided that this exception shall not extend
to––
(a)
the
intentional causing of death, or to the attempting to cause death;
(b) 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;
(c)
the voluntary causing of grievous hurt, or to the attempting to cause grievous
hurt, unless it be for the purpose
of preventing death
or grievous hurt,
or the curing of
5 any grievous
disease or infirmity;
(d)
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
10 the stone by a surgeon knowing
it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within
the exception, in as much as his object was the cure of the child.
28. A consent
is not such a consent as is intended by any section of this Sanhita,––
(a) if the consent is given by a person under fear of injury, or under a misconception
15 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
(b)
if the consent is given by a person
who, from mental
illness, or intoxication, is unable to understand the
nature and consequence of that to which he gives his consent; or
20 (c) unless the contrary appears from the context, if the consent is
given by a person who is under
twelve years of age.
29.
The exceptions in sections 21, 22 and 23 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.
25 Illustration.
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is 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.
30 30. 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:
35 Provided that exception shall
not extend to––
(a)
the
intentional causing of death, or the attempting
to cause death;
(b)
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;
40 (c)
the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death
or hurt;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Consent known to be given under fear or misconception.
Exclusion of acts which are offences
independently of harm caused.
Act done in good faith for benefit of a
person
without consent.
Illustrations.
45 (1) Z is thrown from his horse, and is insensible. A, a surgeon,
finds that Z requires to
Communication made in good
faith.
Act to which a person compelled
by
threats.
Act causing
slight harm.
Things done in private
defence.
Right of private
defence of body and of property.
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.
(2) 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 bullet gives Z a
mortal wound. A has committed
no offence. 5
(3) A, a surgeon,
sees a child suffer an accident which is likely
to prove fatal unless an operation be immediately performed.
There is no 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.
(4) A is in a house which
is on fire, with Z, a child.
People below hold out a blanket. A 10
drops the child from the house top, 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
21, 22 and 23. 15
31.
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 20
it to be likely that the communication might cause the patient’s death.
32.
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: 25
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 30
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 35
benefit of this exception.
33.
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 40
34. Nothing is an offence
which is done in the exercise of the right
of private defence.
35.
Every person has a
right, subject to the restrictions contained in section 37, to defend—
(a) his own body, and the body of any other person, against any offence affecting
the human body; 45
(b) the property,
whether movable or immovable, of himself or of any other
person,
against any act which is an offence falling under the definition of theft,
robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
36. When an act, which would otherwise
be a certain offence, is not that offence, by
5 reason of the youth, the want of maturity of understanding, the mental illness 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.
10 (a) Z, under the influence of mental illness, 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
15 have if Z were not acting under that misconception.
37.
(1) There is no right of private defence,––
(a)
against an act which
does not reasonably cause the apprehension of death or of grievous
hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office,
though that act, may not be strictly
justifiable by law;
20 (b)
against an act which does not reasonably cause the apprehension of death or of
grievous hurt, if done, or attempted to be done, by the direction of a public
servant acting in good faith under colour of his office, though that direction
may not be strictly
justifiable by law;
(c) in cases in which there is time to have recourse to the protection of the public
25 authorities.
(2) The right of private
defence in no case extends
to the inflicting of more harm than it is necessary to inflict for the
purpose of defence.
Explanation 1.—A
person is not deprived of the right of private defence against an act done, or attempted to be done,
by a public servant, as such, unless
he knows or has
reason
30 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
35 produces such authority, if demanded.
38.
The right of private defence of the body extends, under the restrictions specified in section 37, 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:—
40 (a) such an assault as may
reasonably cause the apprehension that death will otherwise be the consequence of such assault;
(b)
such an assault as
may reasonably cause the apprehension that grievous hurt will otherwise be the
consequence of such assault;
(c) an assault
with the intention
of committing rape;
45 (d) an assault with the intention
of gratifying unnatural
lust;
(e) an assault with the intention of kidnapping
or abducting;
Right of private defence
against act of a person with mental illness,
etc.
Acts against
which there is no right of
private
defence.
When the right of
private
defence of body extends to causing
death.
When such right extends to causing any harm other
than death.
Commencement and
continuance of right of private defence
of the body.
When right
of private defence of
property extends to
causing death.
When such right extends
to causing any harm other
than death.
Commencement and
continuance of right of
private defence of property.
Right of private defence
against deadly assault when there is risk of harm to
innocent person.
(f)
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;
(g)
an act of throwing
or administering acid or an attempt to throw or administer
acid which may
reasonably cause the apprehension that grievous hurt will otherwise 5 be the consequence of such act.
39.
If the offence be not
of any of the descriptions specfied in section 38, 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 specified in section 37, to the voluntary causing to the assailant
of any harm other than death. 10
40.
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.
41. The right of private
defence of property
extends, under the restrictions specified in 15
section 37, 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:—
(a)
robbery;
(b) house-breaking after sun set and before sun rise; 20
(c)
mischief by fire or any explosive substance committed on any building,
tent or vessel, which building, tent or vessel is used as a human dwelling,
or as a place for the custody of property;
(d)
theft, mischief,
or house-trespass, under such circumstances as may reasonably cause
apprehension that death or grievous hurt will be the consequence, 25
if such right of private
defence is not exercised.
42.
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 specified in section
41, that right does not extend to the voluntary
causing of death, but does extend, subject to the restrictions specified in section
37, to the 30
voluntary causing
to the wrong-doer of any harm other than death.
43. The right of private
defence of property,––
(a)
commences when a
reasonable apprehension of danger to the property commences;
(b)
against theft continues till the offender
has effected his retreat with the 35
property or either
the assistance of the public
authorities is obtained, or the property has been recovered;
(c)
against robbery
continues as long as the offender causes
or attempts to cause
to any person death or hurt or wrongful restraint or as long as the fear of instant
death or of
instant hurt or of instant personal restraint continues; 40
(d)
against criminal
trespass or mischief
continues as long as the offender
continues in the commission of criminal trespass or mischief;
(e)
against house-breaking after sunset and before sun rise continues
as long as the house-trespass which has been begun by such
house-breaking continues.
44. If in the exercise of the right of private defence against an assault which reasonably 45
causes the apprehension of death, the defender be so situated that he cannot effectually
exercise that right without risk of harm to an
innocent person, his right of private defence extends to the running of that
risk.
Illustration.
A is attacked
by a mob who attempt
to murder him. He cannot
effectually exercise his
5 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 IV
Of Abetment, Criminal conspiracy and attempt
10 Of Abetment
45. A person abets the doing of a thing, who—
(a)
instigates any person to do that thing; or
(b) 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
15 conspiracy,
and in order to the doing of
that thing; or
(c) intentionally aids,
by any act or illegal
omission, the doing
of that thing.
Explanation 1.—A
person who, by wilful misrepresentation, or by wilful concealment of a material
fact which he is bound to disclose,
voluntarily causes or procures, or attempts
to cause or procure, a thing to be done, is said to instigate the doing of that
thing.
20 Illustration.
A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to
apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2. —Whoever, either prior to or at the time of the commission of an act,
25 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.
46.
A person
abets an offence,
who abets either the commission of an offence,
or the commission of an act which would be an offence,
if committed by a person capable by law of committing
an offence with the same intention or knowledge as that of the abettor.
30 Explanation 1. —The
abetment of the illegal omission of an act may amount to an offence although
the abettor may not himself be bound to do that act.
Explanation
2. —To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should
be caused.
35 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.
40 Explanation 3.—It is not necessary
that the person abetted should be capable
by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty
intention or knowledge.
Abetment of thing.
Abettor.
Illustrations.
(a)
A, with a guilty intention, abets a child or a person with mental illness to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is
guilty of abetting
an offence. 5
(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 10
the punishment of death.
(c)
A instigates B to set
fire to a dwelling-house. B, in consequence of his mental illness,
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 15
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 20
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 an offence.
Abetment in India of
offences
outside India.
Abetment outside India for offence
in India.
Illustration.
A instigates B to instigate C to murder
Z. B accordingly instigates C to murder
Z, and 25 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 30 sufficient if he engages in the conspiracy
in pursuance of which the offence is committed.
Illustration.
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison.
B then explains the plan to C mentioning that a third
person is to administer the poison, but without mentioning A’s name. C agrees
to procure the poison, and procures and delivers it to 35 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.
47.
A person abets an offence within the
meaning of this Sanhita who, in India, abets 40
the commission of any act without and beyond India which would
constitute an offence if committed in India.
Illustration.
A, in India,
instigates B, a foreigner in country X, to commit
a murder in that country,
A is guilty of abetting murder. 45
48.
A person abets an offence within the
meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.
Illustration.
A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.
49. Whoever abets any offence shall, if the act abetted is committed in consequence of
the abetment, and no express
provision is made by this Sanhita for the punishment of such
5 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.
10 (a) 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.
(b) 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
15 B is guilty of murder.
A is guilty of abetting
that offence by conspiracy, and is liable to the punishment for murder.
50. Whoever abets the commission of an offence
shall, if the person abetted
does the act with a different
intention or knowledge from that of the abettor, be punished with the
punishment provided for the offence
which would have been committed
if the act had been
20 done with the
intention or knowledge of the
abettor and with no other.
51. 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:
Provided that
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
25 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
30 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
35 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
40 consequence of the abetment, A is liable to the punishment provided
for murder.
52. If the act for which the abettor is liable under section 51 is committed in addition to
the act abetted,
and constitute a distinct offence,
the abettor is liable to punishment for each
of the offences.
Punishment of abetment
if act abetted is
committed in consequence and where no express provision is made for its punishment.
Punishment of abetment if person abetted
does act with
different intention
from that of abettor.
Liability of abettor
when one act abetted and different act done.
Abettor when liable to cumulative
punishment for act abetted and for act
done.
Liability of abettor for effect caused
by act abetted
different from that intended by abettor.
Abettor
present when offence
is
committed.
Abetment of offence punishable with death or imprisonment for life.
Abetment of offence punishable with
imprisonment.
Illustration.
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the
resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence
of resisting the distress,
and the offence
of voluntarily causing
grievous hurt, B is liable
to punishment for both these 5
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.
53. When an act is abetted with the intention on the part of the
abettor of causing a particular effect, and an act for which the abettor is
liable in consequence of the abetment, causes a different
effect from that intended by the abettor,
the abettor is liable for the effect 10 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, 15 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.
54.
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 20
abetment is committed, he shall be deemed to have committed such act or offence.
55. (1)Whoever abets the
commission of an offence punishable with death or imprisonment for life, shall, if that offence
be not committed in consequence of the abetment,
and no express provision
is made under this Sanhita for the punishment of such abetment, be
punished with imprisonment of either description for a term which may extend to seven 25
years, and shall
also be liable
to fine.
(2) 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. 30
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 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. 35
56. (1)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 Sanhita 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 that offence,
or
40
with both.
(2) 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. 45
Illustrations.
(a)
A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence
defined in this section, and is punishable accordingly.
(b)
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.
(c)
B abets the commission of a robbery by A, a police-officer, whose duty it is to
5 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.
57. 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 seven
years and with fine.
10 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.
15 58. Whoever intending to facilitate or knowing it to be likely that he will
thereby facilitate the commission
of an offence punishable with death or imprisonment for life, voluntarily conceals
by any act or illegal
omission, or by the use of encryption or any other information hiding tool, the
existence of a design to commit such offence or makes any representation which
he knows to be false respecting such design shall,––
20 (a) if that offence be
committed, be punished with imprisonment of either description for a
term which may extend to seven years; or
(b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years,
and shall also be liable to fine.
25 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.
30 59. 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
or by the use of encryption or any other information hiding tool, the existence
of a design to commit such offence, or makes any representation which he knows to be false respecting
such design
35 shall,––
(a)
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; or
(b)
if the offence
be punishable with death or imprisonment for life, with
40 imprisonment of either
description for a term which
may extend to ten years;
or
(c)
if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or
with both.
45 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 so facilitate the
commission of that offence.
Abetting commission of offence by public
or by
more than ten persons.
Concealing design to
commit offence
punishable with death or imprisonment for life.
Public servant concealing design to
commit offence which it
is his duty
to prevent.
Concealing design to
commit offence
punishable with
imprisonment.
Criminal
conspiracy.
Punishment for attempting to
commit offences
punishable with imprisonment for life or
other
imprisonment.
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.
60.
Whoever, intending to
facilitate or knowing it to be likely that he will thereby facilitate
the commission of an offence punishable with imprisonment, voluntarily conceals,
by any act or illegal omission, the existence of a design to commit such offence, or makes any 5
representation which he knows to be false respecting such design shall,––
(a)
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
(b)
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. 10
Of Criminal conspiracy
61.
(1)When two or more persons agree to do, or cause to be done––
(a) an illegal act; or
(b) an act which is not illegal
by illegal means, such an agreement is designated
a criminal conspiracy: 15
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. 20
(2) Whoever
is a party to a criminal conspiracy,––
(a)
to commit an offence
punishable with death, imprisonment for life or rigorous
imprisonment for a term of two years
or upwards, shall,
where no express
provision is made in this Sanhita
for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such
offence; 25
(b)
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.
Of
attempt
62. Whoever attempts to commit
an offence punishable by this Sanhita
with
30
imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt
does any act towards the commission of the offence,
shall, where no express
provision is made by this Sanhita for the punishment of such attempt, be
punished with imprisonment of any description provided
for the offence, for a term which may extend to
one-half of the imprisonment for life or, as the case may be, one-half
of the longest term of 35
imprisonment provided for that offence,
or with such fine as is provided
for the offence,
or with both.
Illustration.
(a)
A makes
an attempt to steal some jewels by breaking open a box, and finds
after so opening the box,
that there is no jewel in it. He has done an act towards the commission of 40 theft,
and therefore is guilty under this section.
(b)
A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.
CHAPTER V
Of offences against woman and children
Of Sexual offences
63. A man is said to commit
“rape” if he—
5 (a) penetrates his penis, to any extent,
into the vagina,
mouth, urethra or anus of a woman or makes her to do so with him
or any other person; or
(b) inserts, to any extent,
any object or a part of the body, not being the penis,
into the vagina, the urethra
or anus of a woman or makes her to do so with him or any other person; or
10 (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him
or any other person; or
(d)
applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,
15 under the circumstances falling under any of the following seven descriptions: —
(i) against her will.
(ii) without
her consent.
(iii)
with her consent,
when her consent has been obtained by putting her or any person in whom she is
interested, in fear of death or of hurt.
20 (iv) with her consent,
when the man knows that he is not her husband and that
her consent is given because she believes that he is another man to whom she is
or believes herself to be lawfully married.
(v) with her consent when, at the time of giving such consent, by
reason of mental illness or intoxication or the administration by him personally or through another
25 of any stupefying or unwholesome substance, she is unable
to understand the nature
and consequences of that to which she gives consent.
(vi) with or without her consent, when she is under eighteen
years of age.
(vii) when she is
unable to communicate consent.
Explanation 1.—For the purposes of this section, “vagina” shall also include labia
30 majora.
Explanation 2. —Consent means an unequivocal voluntary agreement when the woman by
words, gestures or any form of verbal or non-verbal communication, communicates
willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to
the act of penetration shall
35 not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception.1––A medical
procedure or intervention shall not constitute rape.
Exception.2––Sexual intercourse or sexual acts by a man with his own wife, the wife
not being under eighteen years of age, is not rape.
64.
(1)Whoever, except in the cases provided
for in sub-section (2), commits rape,
40 shall be punished with rigorous
imprisonment of either
description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Whoever,—
(a) being a police officer, commits rape,—
Rape.
Punishment
for rape.
(i)
within the limits of
the police station to which such police officer is appointed; or
(ii) in
the premises of any station house; or
(iii)
on a woman in such
police officer’s custody or in the custody of a police officer subordinate to
such police officer; or 5
(b)
being a public
servant, commits rape on a woman in such public servant’s custody or in the
custody of a public servant subordinate to such public servant; or
(c)
being a member of the
armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail,
remand home or other place 10
of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
(e)
being on the
management or on the staff of a hospital, commits rape on a woman in that hospital; or 15
(f)
being a relative,
guardian or teacher of, or a person in a position of trust or authority towards
the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing
her to be pregnant; or
(i) commits rape, on a woman incapable
of giving consent;
or 20
(j)
being in a position
of control or dominance over a woman,
commits rape on such woman; or
(k) commits rape on a woman suffering from mental illness or physical disability; or
(l)
while committing rape causes grievous
bodily harm or maims or disfigures or endangers the life of a woman;
or 25
(m) commits rape repeatedly on the same woman,
shall be punished with rigorous
imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for
life, which shall mean imprisonment for the remainder of that person’s
natural life, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section,— 30
(a)
“armed forces” means the naval, army and air forces and includes any member
of the Armed
Forces constituted under
any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central
Government or the State Government;
(b) “hospital” means the precincts
of the hospital and includes
the precincts of 35
any institution for the reception and treatment of persons during convalescence or of
persons requiring medical attention or rehabilitation;
(c)
“police officer”
shall have the same meaning
as assigned to the expression “police” under the Police Act,
1861;
(d)
“women’s or children’s institution” means an institution, whether called an 40
orphanage or a home for neglected
women or children or a widow’s home or an institution called by any other name,
which is established and maintained for the reception and care of women or
children.
5 of 1861.
65.
(1) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to
imprisonment for life, which shall mean imprisonment for the remainder of that
person’s natural life, and shall also be liable to fine:
5 Provided that such fine shall be just and reasonable to meet the medical expenses
and rehabilitation of the victim:
Provided further that any fine
imposed under this sub-section shall be paid to the victim.
(2) Whoever, commits
rape on a woman under twelve years of age shall be punished
10 with rigorous
imprisonment for a term which
shall not be less than twenty years,
but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s
natural life, and with fine or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses
and rehabilitation of the victim:
15 Provided further that any fine imposed under this section
shall be paid to the victim.
66. Whoever, commits an offence punishable under sub-section (1) or sub-section (2)
of section 64 and in the course of such commission inflicts
an injury which causes the death
of the woman or causes
the woman to be in a persistent vegetative state, shall
be punished with rigorous
imprisonment for a term which
shall not be less than twenty years,
but which
20 may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s
natural life, or with death.
67. Whoever has sexual intercourse with his own wife, who is living separately, whether under
a decree of separation or otherwise, without her consent, shall be punished
with imprisonment of either description for a term which shall not be less than
two years but
25 which may extend
to seven years,
and shall also be liable to fine.
Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a)
to (d) of section 63.
68.
Whoever, being—
(a)
in a position
of authority or in a fiduciary relationship; or
30 (b) a public servant;
or
(c)
superintendent or manager of a jail, remand home or other place of custody
established by or under any law for the time being in force, or a women’s or children’s
institution; or
(d) on
the management of a hospital or being on the staff of a hospital, abuses
35 such
position or fiduciary relationship to induce or seduce any woman either in his
custody or under his charge
or present in the premises
to have sexual
intercourse with him, such
sexual intercourse not amounting to the offence of rape,
shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten
years, and shall also be liable to fine.
40 Explanation
1.—In this section, “sexual intercourse” shall mean any of the acts
mentioned in clauses (a) to (d) of section 63.
Explanation 2.—For the purposes of
this section, Explanation 1 to
section 63 shall also be applicable.
Explanation 3. —“Superintendent”, in relation to a jail, remand home or other place of
45 custody or a women’s
or children’s institution, includes a person holding any other office in
such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its
inmates.
Punishment for rape in certain
cases.
Punishment for causing
death or resulting
in persistent
vegetative state of
victim. Sexual intercourse by husband upon
his wife during
separation or
by person in authority.
Sexual
intercourse
by person in
authority.
Sexual
intercourse by employing deceitful means, etc.
Gang rape.
Punishment for repeat
offenders.
Disclosure of identity of
victim of certain
offences, etc.
Explanation 4.—The expressions “hospital” and “women’s
or children’s institution” shall respectively have the same meaning
as in Explanation to sub-section (2) of section 64.
69. Whoever, by deceitful means or making
by promise to marry to a woman without
any
intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse
not amounting to the offence
of rape, shall be punished
with imprisonment of either 5
description for a term which may extend to ten years and shall also be liable to fine.
Explanation.––– “deceitful means” shall include the false promise
of employment or promotion, inducement or marring after
suppressing identity.
70. (1)Where
a woman is raped by one or more persons
constituting a group or acting
in furtherance of a common intention, each of those persons shall be deemed to have committed 10
the offence of rape and shall be punished
with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that
person’s natural life, and with fine:
Provided that
such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim: 15
Provided further that any fine
imposed under this sub-section shall be paid to the victim.
(2) Where a woman under eighteen years of
age is raped by one or more persons constituting
a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with 20
imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, and with fine, or
with death:
Provided that such fine shall be just and reasonable to meet the medical expenses
and rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the 25
victim.
71.
Whoever has been previously convicted of an offence punishable under section 63 or section
64 or section 65 or section 66 or section
67 and is subsequently
convicted of an offence punishable under any of the said sections shall be
punished with imprisonment for life which shall mean imprisonment for the remainder
of that person’s 30
natural life, or with death.
72. (1) Whoever
prints or publishes the name or any matter
which may make known
the identity of any person
against whom an offence under section 63 or section
64 or section 65 or section
66 or section 67 or section 68 is alleged
or found to have been committed
(hereafter in
this section referred to as the
victim) shall be punished with imprisonment of 35
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 40
or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
(b) by, or with the authorisation in writing of, the victim;
or
(c)
where the victim is
dead or minor or person with mental illness, by, or with the authorisation in writing of, the next of kin of the victim: 45
Provided that no such authorisation shall be given by the next of kin to anybody
other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or
organisation.
Explanation.—For the purposes of this sub-section, “recognised welfare
institution or organisation” means
a social welfare
institution or organisation recognised in this behalf
by the Central Government or State Government.
(3)
Whoever prints or publishes
any matter in relation to any proceeding before a
5 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.
10 Of criminal force and assult against women
73. Whoever assaults or uses criminal force to any woman,
intending to outrage or knowing it to be likely that he will there by outrage
her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may
extend to five years, and shall also be liable to fine.
15 74. (1) A man committing any of the following acts—
(i)
physical contact and
advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request
for sexual favours;
or
(iii) showing pornography against the will of a woman; or
20 (iv) making sexually coloured remarks, shall be guilty
of the offence of sexual
harassment.
(2) Any man who commits the offence specified in
clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
25 (3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
75.
Whoever assaults
or uses criminal
force to any woman or abets such act with the
intention of disrobing or compelling her to be naked, shall be punished with imprisonment of
30
either description for a term which shall not be less than three years but which may extend
to seven years, and shall also be liable to fine.
76.
Whoever watches,
or captures the image of a woman engaging in a private
act in circumstances where she
would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates
35 such image shall be punished on first conviction with imprisonment of either description for a term which shall
not be less than one year, but which may extend to three years,
and shall also be liable to fine, and be punished on a
second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend
to seven years, and shall also be liable to fine.
40 Explanation 1.—For
the purpose of this section, “private act” includes an act of watching
carried out in a place which, in the circumstances, would reasonably be expected to provide privacy
and where the victim’s genitals,
posterior or breasts
are exposed or covered
only in underwear; or the victim is using a lavatory; or the victim
is doing a sexual act that is not of a kind ordinarily done in
public.
45 Explanation 2.—Where the victim consents
to the capture of the images or any act, but not to their dissemination to third persons
and where such image or act is disseminated,
such dissemination shall be considered an offence under this section.
Assault or criminal force to woman
with intent to outrage
her
modesty.
Sexual
harassment
and
punishment
for sexual
harassment.
Assault
or use of criminal
force to woman with intent to disrobe.
Voyeurism.
Stalking.
Word, gesture or act intended
to insult modesty
of woman.
Dowry death.
Cohabitation caused by man
deceitfully inducing
belief of lawful marriage.
Marrying again during
lifetime of husband or wife.
77.
(1) Any man who—
(i)
follows a woman and contacts, or attempts to contact such woman to foster
personal interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii)
monitors the use by a
woman of the internet, e-mail or any other form of electronic communication,
commits the offence of stalking:
Provided that
such conduct shall not amount to stalking if the man who pursued it proves
that—
(i)
it was pursued for the purpose
of preventing or detecting crime and the man
accused of stalking had been entrusted with the responsibility of prevention
and detection of crime by the State; or
(ii)
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished
on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
78.
Whoever, intending
to insult the modesty of any woman, utters any words, makes any
sound or gesture,
or exhibits any object in any form,
intending that such word or sound
shall be heard, or that such gesture
or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend
to three years, and also with fine.
Of offences relating
to marriage
79.
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal
circumstances within seven years of her marriage and it is shown that soon before her death she was subjected
to cruelty or harassment by her husband
or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry
death”, and such husband or relative shall
be deemed to have caused her death.
Explanation.—For the purposes of this sub-section, “dowry” shall have
the same meaning as in section 2 of the Dowry Prohibition Act, 1961.
(2) Whoever commits dowry death shall be
punished with imprisonment for a term which shall not be less than seven years
but which may extend to imprisonment for life.
80.
Every man who by deceit causes any woman who is not lawfully married to him to
believe that
she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
81.
(1) Whoever, having
a husband or wife living,
marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Exception.—This sub-section does not extend to any person whose
marriage with such husband or wife has been declared void by a Court of
competent jurisdiction, nor to any person who contracts a marriage during the
life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage,
shall have been continually absent
5
10
15
20
25
30
28 of 1961.
35
40
45
from such person for the space of
seven years, and shall not have been heard of by such person as being alive
within that time provided the person contracting such subsequent marriage shall, before such marriage takes place,
inform the person with whom such marriage is contracted of the real
state of facts so far as the same are within his or her knowledge.
5 (2)
Whoever commits the offence under sub-section (1) having concealed from the person with whom the subsequent
marriage is contracted, the fact of the former marriage, shall be punished
with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
82. Whoever, dishonestly or with a fraudulent intention,
goes through the ceremony
10 of being married, knowing that he is not
thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
83.
Whoever takes or
entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man,with
intent that she may have illicit intercourse
15 with any person, or conceals or detains with that intent
any such woman,
shall be punished with imprisonment of either
description for a term which
may extend to two years,
or with fine, or with both.
84.
Whoever, being
the husband or the relative
of the husband of a woman, subjects such woman to cruelty
shall be punished with imprisonment for a term which may extend to
20 three years and shall also be liable
to fine.
Explanation.—For the purposes of this section, “cruelty” means—
(a)
any wilful
conduct which is of such a nature
as is likely to drive
the woman to commit
suicide or to cause grave
injury or danger
to life, limb or health
(whether mental or physical) of the woman; or
25 (b) harassment of the woman where such harassment is with a view to coercing
her or any person related to her to meet any unlawful demand for any property
or valuable security or is on account of failure by her or any person
related to her to meet such demand.
85. Whoever kidnaps or abducts any woman with intent that she may be compelled, or
30 knowing it to be likely
that she will be compelled, to marry any person against
her will, or in
order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she
will be forced
or seduced to illicit intercourse, shall be punished
with imprisonment of either description for a term which
may extend to ten years,
and shall also be liable
to fine; and whoever,
by means of criminal intimidation as defined in this Sanhita or of abuse of
35 authority or any other method
of compulsion, induces
any woman to go from any place with
intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit
intercourse with another person shall also be punishable as aforesaid.
Of the causing of miscarriage, etc.
86. Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage
40
be not caused in good faith for the purpose of saving the life of the woman,
be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both;
and, if the woman be quick with child, shall
be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—Awoman who causes herself to miscarry, is within the meaning of this section.
45 87. Whoever commits the offence under section 86 without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to
fine.
Marriage ceremony
fraudulently gone through
without lawful marriage.
Enticing or taking away or detaining with criminal
intent married woman.
Husband or relative of husband of woman
subjecting her
to cruelty.
Kidnapping, abducting or inducing
woman to compel her marriage,
etc.
Causing miscarriage.
Causing miscarriage without woman's
consent.
Death caused by act done
with intent
to cause miscarriage.
Act done with intent to prevent child being born alive or to cause it to die after birth.
Causing death of quick unborn child by act
amounting to culpable
homicide.
Exposure and abandonment of child under twelve years, by parent or person
having care of it.
Concealment
of birth by secret disposal
of dead body.
Hiring, employing or engaging
a child to
commit an offence.
Procuration of child.
Kidnapping or abducting child under ten years with
intent to steal from its
person.
88.
(1) Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes
the death of such woman,
shall be punished
with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.
(2) Where the act referred to in
sub-section (1) is done without the
consent of the woman, shall
be punishable either
with imprisonment for life, or with the punishment specified 5 in said sub-section.
Explanation.—It is not essential to this offence that the
offender should know that the act is likely to cause death.
89. Whoever before the birth of any child does any act with the
intention of thereby preventing that child from being born alive or causing it
to die after its birth, and does by 10 such act prevent that child from being
born alive, or causes it to die after its birth, shall, if
such act be not caused in good
faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
90. Whoever does
any act under such circumstances, that if he thereby caused death 15 he would be guilty of culpable homicide, and does by such act
cause the death of a quick unborn child, shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine.
Illustration.
A, knowing that he is likely to cause the death of a pregnant
woman, does an act 20
which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn
quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this
section.
Of offences against children
91. Whoever being the father or mother of a child under the age of twelve years, or 25
having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished
with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
Explanation.—This section is not intended
to prevent the trial of the offender
for murder or culpable homicide, as the case may be, if the child die in
consequence of the 30 exposure.
92. Whoever, by secretly
burying or otherwise
disposing of the dead body of a child
whether such child die before or after or during its birth, intentionally conceals or endeavours
to conceal the birth of such child,
shall be punished
with imprisonment of either description
for a term which may extend to two years, or with fine, or with both. 35
93. Whoever hires, employs
or engages any person below
the age of eighteen years to commit an offence shall be
punished with imprisonment of either description or fine provided for that
offence as if the offence has been committed by such person himself.
Explanation.—Hiring, employing, engaging
or using a child for sexual exploitation or pornography
is covered within the meaning of this section. 40
94. Whoever, by any means whatsoever, induces any child below the age of eighteen
years to go from any place or to do any act with intent that such child below
the age of eighteen years may be, or knowing that it is likely that such child
will be, forced
or seduced to illicit
intercourse with another
person shall be punishable with imprisonment which
may
extend to ten years, and shall also be liable
to fine. 45
95. Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also
be liable to fine.
96.
Whoever sells,
lets to hire,
or otherwise disposes
of child below
eighteen years of age with intent that such child shall
at any age be employed or used for the purpose of prostitution or illicit
intercourse with any person or for any unlawful and immoral purpose, or knowing
it to
be likely that such person will at any age be employed or used for any such
5 purpose, shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.
Explanation
1.—When a female
under the age of eighteen
years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female
shall, until the contrary is proved, be presumed to
have
10 disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation 2.—For the
purposes of this section “illicit intercourse” means sexual intercourse between
persons not united by marriage or by any union or tie which, though not amounting
to a marriage, is recognised by the personal
law or custom of the community
to which they belong or, where they belong to different communities, of both such
15 communities, as constituting between them a quasi-marital relation.
97.
Whoever buys,
hires or otherwise obtains possession of any child below the age
of eighteen years with intent
that such person
shall at any age be employed or used for the
purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral
purpose, or knowing it to be likely that such child will at any age be employed
or used for any
20 such purpose, shall be punished with imprisonment of
either description for a term which shall not be less than seven years but which may extend to fourteen
years, and shall also be liable
to fine.
Explanation 1.—Any
prostitute or any person keeping or managing a brothel, who buys, hires or otherwise
obtains possession of a female under the age of eighteen years
25 shall, until the contrary is proved, be presumed to have obtained
possession of such female
with the intent that she shall be used for the purpose of prostitution.
Explanation 2.—“Illicit intercourse” has the same meaning as in section
96.
CHAPTER VI
Of offences affecting the human body
30 Of offences affecting life
98.
Whoever causes death by doing an act with the intention
of causing death, or with the intention of causing
such bodily injury as is likely to cause death, or with the knowledge that he
is likely by such act to cause death, commits the offence of culpable homicide.
35 Illustrations.
(a)
A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby
caused. Z, believing
the ground to be firm, treads on it, falls in and is
killed. A has committed the offence of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or
40 knowing it to be likely to cause Z’s death, induces
B to fire at the bush. B fires and kills Z. Here
B may be guilty of no offence;
but A has committed the offence of culpable homicide.
(c)
A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not
knowing that he was there. Here, although A was doing an unlawful act, he was not
guilty of culpable homicide, as he did not intend
to kill B, or to cause death by doing
an act
45 that he knew was likely
to cause death.
Explanation 1.—A person who
causes bodily injury to another who is labouring under a disorder, disease
or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his
death.
Selling child
for purposes of
prostitution, etc.
Buying child for purposes
of prostitution,
etc.
Culpable homicide.
Murder.
Explanation
2.—Where death is caused by bodily injury,
the person who causes such bodily injury shall be deemed to have
caused the death, although by resorting to proper remedies and skilful
treatment the death might have been prevented.
Explanation
3.—The causing of the death of a child in the mother’s womb is not homicide.
But it may amount to culpable homicide
to cause the death of a living
child, if any 5 part of that child has been brought
forth, though the child may not have breathed or been completely born.
99. Except in the cases hereinafter excepted, culpable homicide is murder,––
(a)
if the act by which the death is caused is done
with the intention of causing death; or 10
(b) if the act by which the death is caused is done with the intention of causing such bodily
injury as the offender knows
to be likely to cause
the death of the person to whom the harm is caused; or
(c)
if the act by which the death is caused is
done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted
is sufficient 15
in the ordinary course of nature to cause death; or
(d) if the person committing the act by which the death is caused, knows that it is
so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring
the risk of causing death
or such injury
as aforesaid. 20
Illustrations.
(a)
A shoots Z with the intention of killing
him. Z dies in consequence. A commits murder.
(b) A, knowing
that Z is labouring under such a disease that a blow is likely to cause
his death, strikes
him with the intention of causing bodily injury. Z dies in consequence of 25
the blow. A is guilty of murder, although the blow might not have been
sufficient in the ordinary course of nature to cause the death of a person in a sound state of health.
But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill
a person in a sound state of health, here A, although
he may
intend to cause bodily
injury, is not guilty of murder, if he did not intend
to cause death,
or 30
such bodily
injury as in the ordinary
course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary
course of nature.
Z dies in consequence. Here A is guilty of murder,
although he may not have intended to cause Z’s death.
(d)
A without any excuse fires
a loaded cannon
into a crowd of persons
and kills one 35
of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.
Exception 1.—Culpable homicide
is not murder if the offender, whilst
deprived of the power of self-control by grave and
sudden provocation, causes the death of the person who gave the provocation or
causes the death of any other person by mistake or accident: 40
Provided that the provocation is not,––
(a)
sought or voluntarily provoked by the
offender as an excuse for killing or doing harm to any person;
(b)
given by anything
done in obedience to the law, or by a public servant in the lawful exercise
of the powers of such public servant; 45
(c) given by anything done in the lawful exercise of the right of private defence.
Explanation.—Whether the provocation was grave and sudden
enough to prevent the offence from amounting to murder is a question of fact.
Illustrations.
(a)
A,
under the influence of passion excited by a provocation given by Z,
intentionally kills Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the
death of the child was not caused by accident or misfortune in doing an act caused by the
5 provocation.
(b)
Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at
Y, neither intending nor
knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder,
but merely culpable
homicide.
(c) A is lawfully arrested
by Z, a bailiff. A is excited
to sudden and violent passion
by
10 the arrest, and kills Z.
This is murder, in as much as the provocation was given by a thing done
by a public servant in the exercise of his powers.
(d)
A appears as a witness before Z, a
Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is
moved to sudden passion by these words, and kills Z. This is murder.
15 (e) A attempts
to pull Z’s nose. Z, in the exercise of the right
of private defence,
lays hold of A to prevent him from doing so. A is moved to sudden and
violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing done
in the exercise of the right of private defence.
(f)
Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending
20 to take advantage of B’s rage,
and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is
guilty of murder.
Exception 2.—Culpable homicide is not murder
if the offender in the exercise in good
faith of the right of private defence of person or property, exceeds the power given to him by
25 law and causes
the death of the person
against whom he is exercising such right of defence
without premeditation, and without any intention of doing more harm than is necessary
for the purpose of such defence.
Illustration.
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A
30 draws out a pistol. Z persists in the assault.
A believing in good faith
that he can by no other
means prevent himself from being horsewhipped, shoots Z dead. A has not
committed murder, but only culpable homicide.
Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a public servant
acting for the advancement of public justice,
exceeds the powers
35 given to him by law, and causes death by doing an act which he, in good faith, believes
to be lawful and necessary
for the due discharge of his duty as such public servant and without ill-will
towards the person whose death is caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion
upon a sudden quarrel and without the offender’s
40 having taken undue advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party
offers the provocation or commits the first assault.
Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own
45 consent.
Illustration.
A, by
instigation, voluntarily causes Z, a person under eighteen years of age to
commit suicide. Here, on account of Z’s youth, he was incapable of giving
consent to his own death; A has therefore abetted murder.
Culpable
homicide by causing death of person
other than person whose death was
intended.
Punishment for murder.
Punishment
for murder by life-convict.
Punishment
for culpable homicide
not
amounting to murder.
Causing death by negligence.
Abetment of suicide of child or person with mental illness.
Abetment of suicide.
Attempt to murder.
100.
If a person, by doing
anything which he intends or knows to be likely to cause death, commits
culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable
homicide committed by the offender
is of the description of which it would have been if he had caused the death of
the person whose
death he intended
or knew himself to be likely to cause. 5
101.
(1) Whoever commits
murder shall be punished with death or imprisonment for life, and shall also be liable to
fine.
(2) When a group of five or more persons
acting in concert commits murder on the ground
of race, caste
or community, sex, place of birth, language, personal belief or any other ground each member of such group shall
be punished with death or with imprisonment for 10
life or imprisonment for a term which shall not be less
than seven years, and shall also be liable to fine.
102.
Whoever, being under sentence
of imprisonment for life, commits
murder, shall be punished with death or with
imprisonment for life, which shall mean the remainder of that person’s natural
life. 15
103.
Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be
less than five years but which may extend to ten years,
and shall also be liable
to fine, if the
act by which the death is caused is done with the intention of causing death, or of causing
such bodily injury
as is likely to cause death; or with imprisonment of either description for 20
a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily
injury as is likely to cause death.
104. (1) Whoever causes the death of any person by doing any rash or negligent act
not amounting to culpable homicide, shall be punished with imprisonment of either description 25
for a term which may extend to seven years, and shall also be liable to fine.
(2) Whoever causes death of any person by doing any rash or negligent
act not amounting to culpable homicide
and escapes from the scene of incident
or fails to report the incident to a Police officer or
Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years,
and shall also be 30
liable to fine.
105.
If any person under
eighteen years of age, any person with mental illness, any delirious person or any person in a state of intoxication, commits suicide, whoever
abets the commission of such suicide,
shall be punished
with death or imprisonment for life, or imprisonment for a term not exceeding ten years,
and shall also be liable to fine. 35
106.
If any person commits
suicide, whoever abets the commission of such suicide, shall be punished
with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
107.
(1) Whoever does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death, he would be guilty of murder, shall be 40
punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused
to any person by such act, the offender
shall be liable either to imprisonment for life, or to such punishment as is
hereinbefore mentioned.
(2) When any person offending under sub-section (1) is under sentence of imprisonment 45
for life, he may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life.
Illustrations.
(a)
A shoots at Z with intention to kill him,
under such circumstances that, if death ensued
A would be guilty of murder. A is
liable to punishment under this section.
(b) A, with the intention
of causing the death of a child of tender years, exposes
it in a
5 desert place.
A has committed the offence
defined by this section, though the death of the child does not ensue.
(c)
A, intending to
murder Z, buys a gun and loads it. A has not yet committed the offence.
A fires the gun at Z. He has committed the offence defined in this section, and, if by
such firing he wounds Z, he is liable to the punishment
provided by the latter part of the first
10 paragraph of this section.
(d)
A, intending to
murder Z by poison, purchases poison and mixes the same with food which remains
in A’s keeping; A has not yet
committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has
committed the offence defined in this section.
15 108. Whoever does any act with such intention or knowledge and
under such circumstances that, if he by that act caused death,
he would be guilty of culpable homicide not amounting to murder, shall
be punished with imprisonment of either description for a term which may extend
to three years,
or with fine, or with both; and, if hurt is caused
to any person by such act, shall be punished with imprisonment of either description for a term
20 which may extend to seven years, or with fine, or with both.
Illustration.
A, on grave and sudden provocation, fires a pistol
at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder.
A has committed the offence defined in this section.
25 109. (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion,
land grabbing, contract killing, economic offences, cyber-crimes having severe
consequences, trafficking in people, drugs, illicit goods or services and
weapons, human trafficking racket for prostitution or ransom by the effort
of groups of individuals acting in
concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of
30 such syndicate, by use of violence, threat
of violence, intimidation, coercion, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including
a financial benefit, shall
constitute organised crime.
Explanation.—For the purposes of this sub-section,––
(i) ‘‘benefit’’ includes property,
advantage, service, entertainment,
the use
of
or
35 access to property or facilities, and anything of benefit to a person
whether or not it has any
inherent or tangible value, purpose or attribute;
(ii)
“organised crime syndicate” means a criminal organisation or group of three or more persons who, acting either
singly or collectively in concert, as a syndicate, gang, mafia, or (crime) ring indulging
in commission of one or more serious offences or
40 involved in gang criminality, racketeering, and syndicated organised crime;
(iii)
“continuing unlawful activity” means an activity prohibited by law, which is a cognizable offence
undertaken either singly
or jointly, as a member
of an organised crime syndicate or on behalf of such syndicate in
respect of which more than one charge-sheets have been filed before a competent court within the preceding period of
45 ten years and that court has taken cognizance of such offence;
(iv)
“economic
offences” include criminal breach of trust; forgery, counterfeiting of currency and valuable securities, financial scams, running
Ponzi schemes, mass-marketing
fraud or multi-level marketing schemes with a view to defraud the people at large for obtaining the monetary benefits
or large scale
organised betting in
50 any form, offences of money laundering and hawala transactions.
Attempt to commit culpable
homicide.
Organised crime.
Petty organised
crime or organised crime in general.
(2) Whoever, attempts to commit or commits an offence of organised crime shall,—
(i)
if such offence has
resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to fine which shall not be less
than rupees ten lakhs;
(ii)
in any other case, be punishable with imprisonment for a term which shall not 5
be less than five years but which may extend to imprisonment for life and shall also be
liable to fine which shall not be less than rupees five lakhs.
(3)
Whoever, conspires or
organises the commission of an organised crime, or assists, facilitates or otherwise engages
in any act preparatory to an organised
crime, shall be punishable with imprisonment for a term
which shall not be less than five years but which 10
may extend to imprisonment for life and shall also be liable to fine which shall not be less than rupees five lakhs.
(4)
Any person
who is a member of an organised crime syndicate shall
be punishable with imprisonment for a term which shall not be less than five years but which may extend to
imprisonment
for life and shall also be liable to fine which shall not be less than rupees 15
five lakhs.
(5)
Whoever, intentionally harbours or conceals or attempts to harbour or conceal any person who has committed the offence of an organised crime or any member of an organised crime syndicate or believes that his act will encourage or assist the doing of such crime shall
be punishable with imprisonment for a term which shall not be less than three years but 20
which may extend
to imprisonment for life and shall also be liable
to fine which shall not be
less than rupees five lakhs:
Provided that this sub-section
shall not apply to any case in which the harbour or concealment is by the spouse of the offender.
(6)
Whoever, holds any
property derived, or obtained from the commission of an 25 organised crime
or proceeds of any organised crime or which
has been acquired
through the organised crime syndicate funds shall be punishable with imprisonment for a term which
shall not be less than three years
but which may extend to imprisonment for life and shall also
be liable to fine which shall not be less than rupees two lakhs.
(7)
If any person on
behalf of a member of an organised crime syndicate is, or at any 30 time has been in possession of movable or immovable property
which he cannot satisfactorily
account for, shall be punishable with imprisonment for a term which shall not
be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine
which shall not be less than rupees one lakh and such property shall also be liable for attachment and forfeiture. 35
Explanation.–– For the purposes of this section, “proceeds of any
organised crime” means all kind of properties which have been derived or
obtained from commission of any organised crime or have acquired through funds
traceable to any organised crime and shall include cash, irrespective of person
in whose name such proceeds are standing or in whose possession they are found. 40
110.
(1) Any crime that causes general feelings of insecurity among citizens relating to theft of vehicle or theft from vehicle, domestic
and business theft,
trick theft, cargo
crime, theft (attempt to theft, theft
of personal property), organised
pick pocketing, snatching, theft through
shoplifting or card skimming and Automated
Teller Machine thefts or procuring
money in unlawful
manner in public
transport system or illegal selling
of tickets and selling 45
of public examination question
papers and such other common forms of organised crime committed by organised
criminal groups or gangs, shall constitute petty organised crimes and shall
include the said crimes when committed by mobile organised crime groups or gangs that create network of contacts,
anchor points, and logistical support among themselves
to carry out number of offences in region over a period
before moving on. 50
(2) Whoever commits
or attempts to commit any petty organised
crime, under sub-section (1) shall
be punished with imprisonment for a term which shall
not be less than one year
but which may extend to seven years, and shall also be liable to fine.
37
111.
|
(1) A person is said to have committed a terrorist act if he commits any act in India or in any foreign country with the
intention to threaten the unity, integrity and security of India, to intimidate
the general public or a segment thereof, or to disturb public order by doing an
act,––
5 (i) using bombs, dynamite or any other
explosive substance or inflammable material
or firearms or other lethal weapons or poison or noxious gases or other
chemicals or any other substance (whether
biological or otherwise) hazardous in nature in such a manner so as to create an atmosphere or spread a message of fear, to cause death or
serious bodily harm to any person, or endangers a person’s life;
10 (ii) to cause damage or loss due to damage or destruction of property or disruption of any supplies or services essential to the life of the
community, destruction of a Government or public facility, public place or
private property;
(iii) to cause extensive interference
with, damage or destruction to critical infrastructure;
15 (iv) to provoke or influence by intimidation the Government or its organisation, in such a manner so as to
cause or likely to cause death or injury to any public functionary or any person
or an act of detaining any person and threatening to kill or injure such person in order to compel the Government to do or abstain from doing any
act, or destabilise or destroy the political, economic, or social structures of the country,
20 or create
a public emergency
or undermine public safety;
(v) included within the scope of any of the Treaties listed in the Second Schedule to the Unlawful Activities
(Prevention) Act, 1967.
(2) Whoever,
attempts to commit
or commits an offence of terrorist act shall,––
(i) if such offence has resulted in the death of any person, be punishable with
25 death or imprisonment for life without
the benefit of parole, and shall also be liable to
fine which shall not be less than rupees ten lakhs;
(ii)
in
any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be
liable to fine which shall not be less than
rupees five lakhs.
30 (3) Whoever,
conspires, organises or causes to be organised any organisation, association or a group of persons for terrorist acts,
or assists, facilitates or otherwise conspires to engage in any act preparatory to any terrorist act, shall be punishable with imprisonment
for a term which shall
not be less than five years but which may extend to imprisonment for life, and shall also be liable to
fine which shall not be less than rupees five lakhs.
35 (4)
Any person, who is a member of terrorist
organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine which shall not be
less than rupees five lakhs.
(5) Whoever, intentionally harbours or conceals or attempts to harbour or conceal any person who has committed an offence of any terrorist act shall be punishable with
Offence if
terrorist act.
40 imprisonment for a term which shall not be
less than three years but which may extend to imprisonment for life, and shall also be liable
to fine which shall not be less than rupees
five lakh:
Provided that this sub-section
shall not apply to any case in which the harbour or concealment is by the spouse of the offender.
45 (6) Whoever,
holds any property directly or indirectly, derived or obtained from commission
of terrorist act or proceeds of terrorism, or acquired through the terrorist fund, or possesses,
provides, collects or uses property or funds or makes available property, funds
or financial service or other related services, by any means,
to be used, in full or in part to
Hurt.
Voluntarily. causing hurt.
Grievous hurt.
Voluntarily causing grievous hurt.
carry out or
facilitate the commission of any terrorist act, shall be punishable with
imprisonment for a term which may extend to imprisonment for life and shall
also be liable to fine which shall not be less than rupees five lakhs and such property
shall also be liable for attachment and forfeiture.
Explanation.— For the purposes
of this section,––
(a)
“terrorist” refers to any person who—
(i)
develops,
manufactures, possesses, acquires, transports, supplies or uses weapons,
explosives, or releases
nuclear, radiological or other dangerous substance, or cause fire, floods
or explosions;
(ii)
commits, or attempts,
or conspires to commit terrorist acts by any means, directly or indirectly;
(iii) participates, as a principal or as an accomplice, in terrorist acts;
(b)
the expression “proceeds
of terrorism” shall have the same meaning as assigned to it in clause
(g) of section 2 of the Unlawful Activities (Prevention) Act, 1967;
(c)
“terrorist
organisation, association or a group of persons” refers to any entity owned or
controlled by any terrorist or group of terrorists that—
(i)
commits, or attempts to commit, terrorist acts by any means, directly or indirectly;—
(ii) participates in acts of terrorism;—
(iii) prepares for terrorism;—
(iv) promotes terrorism;—
(v) organises or directs others
to commit terrorism;—
(vi)
contributes to the commission of terrorist acts by a group of persons
acting with common purpose of furthering the
terrorist act where the contribution is
made intentionally and with the aim of furthering the terrorist act or with the
knowledge of the intention of the group to commit a terrorist act; or
(vii) is otherwise
involved in terrorism; or
(viii)
any organisation listed in the First Schedule to the Unlawful Activities (Prevention) Act, 1967 or an organisation operating under the same name as an organisation so listed.
Of
hurt
112.
Whoever causes bodily pain, disease
or infirmity to any person is said to cause
hurt.
113.
(1) Whoever does any act with the intention of thereby causing hurt
to any person, or with the knowledge
that he is likely thereby
to cause hurt to any person, and does
thereby cause hurt to any person, is said “voluntarily to cause hurt”.
(2) Whoever, except in the case provided for by sub- section (1) of section 120 voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten
thousand rupees, or with both.
114.
The
following kinds of hurt only are designated as “grievous”, namely:––
(a) Emasculation.
(b) Permanent privation of the sight of either eye.
(c) Permanent privation of the hearing
of either ear.
(d) Privation of any member or joint.
(e) Destruction or permanent impairing of the powers of any member or joint.
(f) Permanent disfiguration of the head or face.
(g) Fracture or dislocation of a bone or tooth.
(h)
Any hurt which endangers life or which
causes the sufferer
to be during the space of fifteen days in severe
bodily pain, or unable to follow his ordinary pursuits.
115.
(1)Whoever voluntarily causes hurt, if the hurt which he intends to
cause or knows himself to be likely to cause is grievous hurt, and if the hurt
which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.
5
10
37 of 1967.
15
20
25
37 of 1967.
30
35
40
45
50
(2)
Whoever, except in
the case provided for by sub-section (3),
voluntarily causes grievous hurt, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
Explanation.—A person is not said voluntarily to cause grievous hurt except when he
5 both causes grievous
hurt and intends
or knows himself
to be likely to cause
grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to
cause grievous hurt of one kind, he actually causes grievous hurt of another
kind.
Illustration.
A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives
10
Z a blow which does not permanently disfigure Z’s face, but which causes
Z to suffer severe bodily
pain for the space of fifteen days. A has voluntarily caused grievous hurt.
(3)
Whoever commits an
offence under sub-section (1) and in
the course of such commission causes any hurt to a person which causes that
person to be in permanent disability or in
persistent vegetative state, shall be punished with
rigorous imprisonment for
15 a term which shall
not be less than ten years but which may extend to imprisonment for life,
which shall mean imprisonment for the remainder of that person’s
natural life.
(4)
When grievous hurt of a person is caused by a group of five or more persons on the ground of his, race,
caste, sex, place
of birth, language, personal belief or any other
ground, each member of such group shall be guilty of the offence
of causing grievous
hurt, and shall
20 be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
116.
(1) Whoever, except
in the case provided for by sub-section (1) of section 120, voluntarily causes hurt by means of any instrument for shooting, stabbing
or cutting, or any
instrument which, used as a weapon of offence, is likely to cause death, or by means of fire
25 or any heated substance, or by means of any
poison or any corrosive substance, or by means of any explosive substance or by
means of any substance which it is deleterious to the human body to inhale,
to swallow, or to receive into the blood, or by means of any animal,
shall be punished
with imprisonment of either description for a term which may extend to three years, or with fine which may extend
to twenty thousand rupees, or
with both.
30 (2)
Whoever,
except in the case provided for by sub-section (2) of section 120, voluntarily causes grievous hurt by any means referred to
in sub–section (1), shall be punished
with imprisonment for life, or with imprisonment
of either description for a term
which shall not be less than one year but which may extend to ten
years, and shall also be liable to fine.
117.
(1) Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer,
35 or from any person interested in the sufferer,
any property or valuable security, or of constraining the sufferer or any
person interested in such sufferer to do anything which is illegal or which may
facilitate the commission of an offence, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
40 (2) Whoever
voluntarily causes grievous hurt for any purpose referred to in sub- section
(1), shall be punished with imprisonment for life, or imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.
118.
(1) Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or from any person interested in the sufferer,
any confession or any information which may
45 lead to the detection of an offence or misconduct, or for the purpose of
constraining the sufferer or any person
interested in the sufferer to restore or to cause
the restoration of any
property or valuable security or to satisfy any claim or demand, or to give information which may
lead to the restoration of any property or valuable security, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also
50 be liable to fine.
Voluntarily
causing hurt or grievous hurt by
dangerous weapons or
means.
Voluntarily
causing hurt or grievous hurt
to extort confession, on to compel
restoration of property.
Voluntarily
causing hurt or grievous hurt
to extort confession, or to compel
restoration of property.
Voluntarily causing hurt or grievous
hurt to deter public servant
from his duty.
Voluntarily causing hurt or grievous
hurt on
provocation.
Causing hurt by means of poison, etc.,
with intent to commit an
offence.
Voluntarily
causing hurt or grievous hurt by
use of acid, etc.
(2)
Whoever voluntarily
causes grievous hurt for any purpose referred to in sub–section (1), shall be punished
with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
Illustrations.
(a) A, a police-officer, tortures
Z in order to induce
Z to confess that he committed a 5
crime. A is guilty of an offence
under this section.
(b)
A, a police-officer,
tortures B to induce him to point out where certain stolen property is
deposited. A is guilty of an offence
under this section.
(c)
A, a revenue officer,
tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence
under this section. 10
119.
(1) Whoever voluntarily causes hurt to any person being a public servant
in the discharge of his duty as such public servant,
or with intent to prevent
or deter that person or any
other public servant
from discharging his duty as such public
servant or in consequence
of anything done or attempted
to be done by that person in the lawful discharge of his duty
as such public servant, shall be punished
with imprisonment of either description for a term 15
which may extend
to five years,
or with fine,
or with both.
(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such
public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in
consequence
of anything done or attempted to be done by that person in the lawful
discharge 20
of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend
to ten years, and shall also be liable to fine.
120.
(1) Whoever voluntarily causes hurt on grave and sudden provocation,
if he neither intends nor knows
himself to be likely to cause hurt to any person other than the 25
person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand
rupees, or with both.
(2) Whoever voluntarily causes grievous
hurt on grave and sudden provocation, if he neither intends nor knows himself
to be likely to cause hurt to any person other than the 30
person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to five years,
or with fine which may extend to ten thousand rupees, or with both.
Explanation.—This section is subject to the same provision as Exception
1, section 99. 35
121.
Whoever administers
to or causes to be taken by any person any poison or any stupefying,
intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person,
or with intent to commit or to facilitate the commission of an offence or knowing
it to be likely that he will thereby cause
hurt, shall be punished with imprisonment of either
description
for a term which may extend to ten years,
and shall also be liable to fine. 40
122.
(1) Whoever causes permanent or partial damage or deformity to, or
burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by
administering acid to that person, or by using any other means with the
intention of causing or with the knowledge that he is likely to cause such
injury or hurt or causes a person to be in a permanent vegetative state shall be punished with 45
imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses
of the treatment of the victim:
Provided further that any fine imposed under this section
shall be paid to the victim.
(2) Whoever throws
or attempts to throw acid on any person or attempts to administer
acid to any person, or attempts to use any other means, with the intention of
causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability
5 or grievous hurt to that person, shall be punished
with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years,
and shall also be liable to
fine.
Explanation 1.—For the purposes of this section, “acid” includes any
substance which has acidic
or corrosive character or burning nature,
that is capable
of causing bodily
10 injury leading to scars or disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of this section, permanent or partial
damage or deformity or permanent vegetative state, shall not be required to be
irreversible.
123.
Whoever does any act
so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a
15 term which may extend to three months
or with fine which may extend to two thousand
five hundred rupees, or with both, but—
(a)
where the hurt is
caused, shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend
to five thousand rupees, or with both;
20 (b)
where grievous hurt is caused, shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine which may extend to ten thousand rupees, or
with both.
Of
wrongful restraint and wrongful confinement
124.
(1) Whoever
voluntarily obstructs any person so as to prevent that person from
25 proceeding in any direction in which that person has a right to proceed,
is said wrongfully to
restrain that person.
Exception. —The obstruction of a private way over land or water
which a person in good faith believes himself to have a lawful right to
obstruct, is not an offence within the meaning of this section.
30 Illustration.
A obstructs a path along which Z has a right to pass, A not believing
in good faith
that he has a right to stop the path. Z is thereby prevented from
passing. A wrongfully restrains Z.
(2) Whoever wrongfully restrains any person shall be punished with simple
35 imprisonment
for a term which may extend to one month,
or with fine which may extend to five thousand rupees, or with both.
125.
(1)Whoever wrongfully restrains any person in such a manner as to prevent
that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine”
that person.
40 Illustrations.
(a)
A causes
Z to go within a walled space,
and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b)
A places men with firearms at the outlets of a building, and tells Z that they will fire at
Z if Z attempts to leave the building. A wrongfully confines Z.
45 (2) Whoever
wrongfully confines any person shall be punished
with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five
thousand rupees, or with both.
Act endangering life or personal safety of
others.
Wrongful restraint.
Wrongful
Confinment.
(3)
Whoever
wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand
rupees, or with both.
(4)
Whoever wrongfully
confines any person for ten days or more,
shall be punished with imprisonment of either description for a term which may extend to five years, and shall 5 also be liable to fine which shall not be less than ten thousand
rupees.
(5)
Whoever keeps any person
in wrongful confinement, knowing that a writ for the
liberation of that person has been duly issued, shall be punished with imprisonment of either
description for a term which may extend to two years in addition
to any term of imprisonment
to which he may be liable under
any other section
of this Chapter
and shall also be liable
to
10
fine.
Force.
(6)
Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any
person interested in the person so confined, or to any public servant,
or that the place of such confinement may not
be known to or discovered by any such person or public servant
as hereinbefore mentioned, 15 shall be punished with imprisonment of either
description for a term which may extend to threeyears in addition to any other
punishment to which he may be liable for such wrongful confinement and shall
also be liable to fine.
(7)
Whoever wrongfully
confines any person for the purpose of extorting from the person confined, or
from any person interested in the person confined, any property or 20 valuable security or of constraining the
person confined or any person interested
in such person to do anything illegal
or to give any information which may facilitate the commission
of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(8)
Whoever wrongfully
confines any person for the purpose of extorting from the 25 person confined or
any person interested in the person confined any confession or any information which may lead to the detection of an offence
or misconduct, or for the purpose
of constraining the person confined
or any person interested in the person
confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim
or demand, or to give information which may lead to the restoration of any property
or
30
valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine.
Of criminal force and assault
126.
A person
is said to use force
to another if he causes
motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of 35 motion, or
cessation of motion as brings that substance into contact with any part of that
other’s body, or with anything which that other is wearing or carrying, or with
anything so situated that such contact affects that other’s sense of feeling:
Provided that the person causing
the motion, or change of motion, or cessation of motion, causes that motion,
change of motion,
or cessation of motion in one of the following 40 three ways,namely:––
(a)
by
his own bodily power;
(b)
by disposing any
substance in such a manner that the motion or change or cessation of motion
takes place without any further act on his part, or on the part of
any other person; 45
(c) by inducing
any animal to move, to change its motion, or to cease to move.
127.
Whoever intentionally
uses force to any person, without that person’s consent, in order to the committing of any offence,
or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the
person to whom the force is used, is said to use criminal force to that other.
5 Illustrations.
(a)
Z is sitting in a moored boat on a river.
A unfastens the moorings, and thus
intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he
does this by disposing substances in such a manner that the motion is produced
without any other action on any person’s part. A has therefore
10 intentionally
used force to Z; and if he has done so without
Z’s consent, in order to the
committing of any offence, or intending or knowing it to be likely that this use of force will
cause injury, fear or annoyance to Z, A has used criminal force to Z.
(b)
Z is riding in a
chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change
of motion to Z by inducing the animals
15 to change their motion. A has therefore
used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy
Z, A has used criminal force to Z.
(c)
Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused
cessation of motion to Z, and he has done this by his
20 own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the
commission of an offence. A has used criminal force to Z.
(d)
A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as
to bring it into contact with Z. He has therefore
25 intentionally
used force to Z; and if he has done so without
Z’s consent, intending
or knowing it to be likely that he may thereby injure, frighten or annoy
Z, he has used criminal force to Z.
(e)
A throw a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that
30 it will strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the throwing
of the stone produce the effect of causing any substance to come
into contact with Z, or Z’s clothes,
A has used force to Z, and if he did so without Z’s consent, intending thereby to injure, frighten
or annoy Z, he has used criminal
force to Z.
35 (f) Aintentionally pulls up a Woman’s veil. Here A intentionally uses force to her, and if he does so without her consent intending
or knowing it to be likely that he may thereby injure, frighten or annoy her,
he has used criminal force to her.
(g)
Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily
power causes such motion in the boiling water as
40 brings that water into contact
with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has
done this without Z’s consent intending or knowing it to be likely that he may
thereby cause injury, fear or annoyance to Z,
A has used criminal force.
(h) A incites
a dog to spring upon Z, without
Z’s consent. Here, if A intends to
45 cause injury, fear or annoyance to Z, he uses criminal
force to Z.
128.
Whoever makes any
gesture, or any preparation intending or knowing it to be likely that such
gesture or preparation will cause any person present to apprehend that he who makes that gesture
or preparation is about to use criminal
force to that person, is said to commit an assault.
Criminal force.
Assault.
Punishment for assault
or criminal force otherwise than on grave
provocation.
Assault or criminal force to deter public servant
from discharge of his
duty.
Assault or criminal force with intent to dishonor
person,
otherwise than on grave
provocation.
Assault or criminal
force in attempt
to commit theft of property
carried by a
person.
Assault or criminal
force in attempt
wronglfully to confine
a
person.
Explanation.—Mere words do not amount to an assault. But the words
which a person uses may give to his gestures or preparation such a meaning as
may make those gestures or preparations amount to an assault.
Illustrations.
(a) A shakes
his fist at Z, intending
or knowing it to be likely that he may thereby 5
cause Z to believe that A is about to strike Z. A has committed an assault.
(b)
A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be
likely that he may thereby cause Z to believe that he is about to cause the dog
to attack Z. A has committed an
assault upon Z.
(c)
A takes up a stick, saying to Z, “I will give you a beating”.
Here, though the 10 words used by A could in no case amount to an assault, and
though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may
amount to an assault.
129.
Whoever assaults or uses criminal force to any person otherwise
than on grave
and sudden provocation given by that person, shall be punished
with imprisonment of either 15
description
for a term which may extend to three months,
or with fine which may extend to one thousand rupees, or with both.
Explanation.—Grave and sudden provocation will not mitigate the
punishment for an offence under this section, if the provocation is sought or voluntarily provoked
by the offender as an excuse
for the offence, or 20
if the provocation is given by
anything done in obedience to the law, or by a public servant, in the lawful
exercise of the powers of such public servant, or
if the provocation is given by
anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate
the offence, is a 25
question of fact.
130.
Whoever assaults
or uses criminal force to any person
being a public
servant in the execution of
his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything
done or attempted
to be done by such person in the lawful discharge of his duty as such 30
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.
131.
Whoever assaults or
uses criminal force to any person, intending thereby to dishonour that person,
otherwise than on grave and sudden provocation given by that person, shall be punished with
imprisonment of either description for a term which may 35
extend to two years, or with fine,
or with both.
132.
Whoever assaults or
uses criminal force to any person, in attempting to commit theft on any
property which that person is then wearing or carrying, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both. 40
133.
Whoever assaults
or uses criminal force to any person,
in attempting wrongfully to confine that person,
shall be punished
with imprisonment of either description for a term which may extend to one
year, or with fine which
may extend to five
thousand rupees,
or with both.
134.
Whoever assaults or
uses criminal force to any person on grave and sudden provocation given by that
person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees,
or with both.
5 Explanation.—This
section is subject
to the same Explanation
as section 129.
Of Kidnapping, Abduction, Slavery and Forced Labour
135.
(1) Kidnapping is of two kinds: kidnapping from India, and
kidnapping from lawful guardianship––
(a)
whoever conveys any person
beyond the limits
of India without
the consent
10 of that person,
or of some person legally
authorised to consent
on behalf of that
person, is said to kidnap that person from India;
(b)
whoever takes or
entices any child below the age of eighteen years or any person with mental illness,
out of the keeping of the lawful guardian of such child or
person with mental illness, without the consent of such guardian, is said to
kidnap
15 such child or person from lawful guardianship.
Explanation.––The words “lawful
guardian” in this clause include
any person lawfully entrusted
with the care or custody of such child or other person.
Exception.—This clause does not extend
to the act of any person who in good faith believes himself to be the father of an illegitimate child below the age of eighteen
20 years, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an
immoral or unlawful purpose.
(2) Whoever kidnaps any person from India
or from lawful guardianship shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
25 136. Whoever by force compels, or by any deceitful means induces, any person to go
from any place, is said to abduct that person.
137. (1) Whoever
kidnaps any child below the age of eighteen years or, not being the lawful guardian of such child, obtains
the custody of the child, in order that such child may be
employed or used for the purposes of begging shall be punishable with rigorous
30 imprisonment for a term which shall not be less than ten
years but which may extend to
imprisonment for life, and shall also be liable to fine.
(2)
Whoever maims any child below the age of eighteen years in order that such child
may
be employed or used for the purposes of begging shall be punishable with imprisonment
which shall not be less than twenty years, but which may extend to life which shall mean
35 imprisonment
for the remainder of that person’s natural
life, and with fine.
(3)
Where any person, not
being the lawful guardian of a child below the age of eighteen years employs or uses such child for the purposes
of begging, it shall be presumed,
unless the contrary is proved,
that he kidnapped or otherwise obtained
the custody of such
child in order that such child might be employed or used for the purposes of
begging.
40 (4) In
this section “begging” means—
(i)
soliciting or receiving alms in a public place, whether under the pretence
of singing, dancing, forture-telling, performing tricks or selling
articles or otherwise;
(ii) entering on any private
premises for the purpose of soliciting or receiving
Assault or criminal force on grave
provocation.
Kidnapping.
Abduction.
Kidnapping or maiming
a child for purposes of begging.
alms;
Kidnapping or abducting
in order to murder or for ransom etc.
Importation of girl or boy from foreign
country.
Wrongfully concealing or keeping in
confinement, kidnapped or abducted
person.
Trafficking of
person.
(iii)
exposing or exhibiting, with the object of obtaining
or extorting alms, any
sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(iv) using such childas an exhibit for the purpose of soliciting or receiving alms.
138. (1) Whoever kidnaps or abducts any person
in order that such person may be 5 murdered or may be so disposed
of as to be put in danger
of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to
ten years, and shall also be liable
to fine.
Illustrations.
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed 10
to an idol. A has committed the offence defined
in this section.
(b)
A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in
this section.
(2)
Whoever kidnaps or
abducts any person or keeps a person in detention after such kidnapping or
abduction, and threatens to cause death or hurt to such person, or by his 15 conduct gives rise to a reasonable apprehension that such person
may be put to death or
hurt, or causes hurt or death to
such person in order to compel the Government or any foreign State
or international inter-governmental organisation or any other person
to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment
for life, and shall also be liable to fine. 20
(3)
Whoever kidnaps or
abducts any person with intent to cause that person to be secretly
and wrongfully confined, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to
fine.
(4) Whoever kidnaps or abducts any person in order that such person may be subjected,
or may be so disposed
of as to be put in danger of being subjected to grievous hurt, or 25
slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine.
139. Whoever imports into India from any country outside India any girl under the age
of twenty-one years
or any boy under the age of eighteen years
with intent that girl or
boy
30
may be, or
knowing it to be likely that girl or boy will be, forced or seduced to illicit
intercourse with another
person, shall be punishable with imprisonment which
may extend to ten years and shall also be liable to fine.
140. Whoever, knowing that any person has been kidnapped or has been
abducted, wrongfully conceals or confines such person, shall
be punished in the same manner as if he 35
had kidnapped or abducted such
person with the same intention or knowledge, or for the same purpose
as that with or for which he conceals or detains such person in
confinement.
141.
(1) Whoever, for the purpose of exploitation, recruits, transports,
harbours, transfers, or receives, a person or persons, by—
(a)
using
threats; or 40
(b) using force,
or any other form of coercion; or
(c) by
abduction; or
(d) by practicing fraud, or deception; or
(e) by abuse
of power; or
(f) by inducement, including the giving
or receiving of payments or benefits, in order
to achieve the consent of any person
having control over the person
recruited, transported, harboured, transferred or received,
commits the offence of trafficking.
5 Explanation 1.—The expression “exploitation” shall include any act of
physical exploitation or any form of sexual
exploitation, slavery or practices similar to slavery, servitude, beggary
or forced removal of organs.
Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking.
10 (2) Whoever
commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall
not be less than seven
years, but which
may extend to ten years, and shall also be liable to
fine.
(3)
Where the offence
involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but
15 which may extend
to imprisonment for life, and shall also be liable
to fine.
(4)
Where the offence
involves the trafficking of a child below the age of eighteen years,it shall be
punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one child below the age of
20 eighteen years, it shall be punishable with rigorous imprisonment for a term which shall
not be less than fourteen years,
but which may extend to imprisonment for life, and shall also be
liable to fine.
(6)
If a person is
convicted of the offence of trafficking of child below the age of eighteen years on more than one occasion, then such person
shall be punished
with
25 imprisonment for life, which shall mean imprisonment for
the remainder of that person’s natural life, and shall also be liable to fine.
(7)
When a public servant or a police officer is involved in the trafficking of any person
then, such public servant
or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder
of that person’s natural life, and shall also be
30 liable to fine.
142. (1) Whoever, knowingly or having reason to believe that a child below the age of eighteen years has been trafficked, engages such child for sexual exploitation in any manner,
shall be punished with rigorous imprisonment
for a term which shall not be less than five years, but which may extend to ten
years, and shall also be liable to fine.
35 (2) Whoever,
knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous
imprisonment for a term which shall not be less than three years, but which may
extend to seven years, and shall also be liable to fine.
143.
Whoever habitually imports, exports,
removes, buys, sells, traffics or deals in
40 slaves, shall
be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be
liable to fine.
144. Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description
for a term which may extend to one year, or with
fine, or with both.
Exploitation of a trafficked person.
Habitual
dealing in slaves.
Unlawful
compulsory
labour.
Waging, or
attempting to wage
war, or
abetting waging of war, against
Government of India.
Conspiracy to commit
offences
punishable by section
145.
Collecting arms, etc.,
with intention of waging war against
Government of India.
Concealing
with intent to facilitate
design to wage war.
Assaulting
President
Governor, etc., with intent to compel or
restrain
exercise of any lawful
power.
Acts
endangering sovereignty unity and
integrity of India.
Waging war agaisnt
Government of any foreign State at peace with
Government of India.
CHAPTER VII
Of Offences Against
The State
145. Whoever wages war against the Government of India, or attempts
to wage such war, or abets
the waging of such war, shall be punished with death, or imprisonment for life
and shall also
be liable to fine. 5
Illustration.
A joins an insurrection against the Government of India. A has committed the offence defined in this section.
146. Whoever within or without and beyond India conspires to commit
any of the offences punishable by section 145, or conspires
to overawe, by means of criminal force or 10
the show of
criminal force, the Central Government or any State Government, shall be
punished with imprisonment for life, or with imprisonment of either description which may extend
to ten years, 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. 15
147. Whoever collects men, arms or ammunition or otherwise prepares
to wage war with the intention of either waging or being prepared to wage war against the Government of
India, shall be punished
with imprisonment for life or imprisonment of either description for a
term not exceeding ten years, and shall also be liable to fine.
148.
Whoever by any act, or by any illegal
omission, conceals the existence of a 20
design to wage war against the
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.
149.
Whoever, with the intention of inducing or compelling the President of India, or 25
Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be
punished with imprisonment of either
description
for a term which may extend to seven years, and shall also be liable to fine. 30
150. Whoever, purposely or knowingly, by words, either spoken or
written, or by signs, or by visible representation, or by electronic
communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive
activities, or encourages feelings of separatist
activities or endangers
sovereignty or unity
and integrity of India; or indulges in or commits
any such act shall be punished with 35
imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.
Explanation.––Comments expressing disapprobation
of the measures, or administrative or other action of the Government
with a view to obtain their alteration by lawful means
without exciting or attempting to excite the activities referred
to in this section. 40
151. Whoever wages war against the Government of any foreign
State at peace with
the
Government of India or attempts to wage such war, or abets the waging of such war, shall
be punished with 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. 45
152.
Whoever commits depredation, or makes preparations to commit depredation, on
the territories of any foreign
State at peace
with the 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
5 committing such depredation, or acquired by such depredation.
153.
Whoever receives any
property knowing the same to have been taken in the commission of any of the offences
mentioned in sections 151 and 152, 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.
10 154. Whoever, being a public
servant and having the custody
of any State prisoner or prisoner of war, voluntarily allows
such prisoner to escape from any place in which such prisoner is confined,
shall be punished with imprisonment for life, or imprisonment of either description
for a term which may extend to ten years, and shall also be liable to fine.
155.
Whoever, being a public
servant and having
the custody of any State prisoner or
15 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.
156. 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
20
or conceals
any such prisoner
who has escaped from lawful custody, or offers or attempts to offer
any resistance to the recapture of such prisoner, shall be punished
with imprisonment for life, or with 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
25 his parole within certain limits in India, is said to
escape from lawful custody if he goes beyond the limits within which he is
allowed to be at large.
CHAPTER VIII
Of Offences Relating to
the Army, Navy and Air Force
157.
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in
30 the Army, Navy or Air Force subject
to the Acts referred to in section
165 of the Government of India or attempts
to seduce any such officer, soldier, sailor or airman from his allegiance or his
duty, shall be punished with 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.
158.
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in
35 the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed
in consequence of that abetment, be punished with death or with
imprisonment for life, or imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
159.
Whoever abets an assault by an officer, soldier,
sailor or airman, in the Army,
40 Navy or Air Force of the 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.
Committing
depredation on territories of foreign State at peace with Governemnt of India.
Receiving
property taken by war or
depredation
mentioned in sections
151
and 152.
Public servant voluntarily allowing prisoner
of sate or war to escape.
Public servant
negligently suffering
such prisoner to escape.
Aiding escape of rescuing or harbouring such prisoner.
Abetting mutiny, or
attempting to seduce
a soldier, sailor or airman from his duty.
Abetment of mutiny,
if mutiny is
committed in consequence thereof.
Abetment of assault by soldier, sailor or airman on his superior
office, when in execution of his office.
Abetment of such assault, if assault
committed.
Abetment of desertion
of soldier, sailor or airman.
Harbouring
deserter.
Deserter concealed on board
merchant vessel through
negligence of master.
Abetment of act of insubordination by soldier, sailor or
airman.
Persons subject to certain
Acts.
Wearing garb or carrying token used by soldier, sailor or airman.
Candidate, Electoral right defined.
Bribery.
160. Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the 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.
161. Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army,
Navy or
Air Force of the 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.
162. Whoever, except as hereinafter excepted, knowing or having
reason to believe that an officer, soldier,
sailor or airman, in the Army, Navy or Air Force of the Government
of India, has deserted, harbours such officer,
soldier, sailor or airman, shall
be punished with imprisonment of either description for a term which may extend to two years, or with fine or with
both.
Exception.—This provision
does not extend to the case in which the harbour is given
by the spouse of the deserter.
163. The master or person in charge of a merchant vessel, on board of
which any deserter from the Army, Navy or Air Force of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a penalty
not exceeding three thousand
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.
164. Whoever abets what he knows to be an act of insubordination by
an officer, soldier, sailor or airman,
in the Army, Navy or Air Force, of the 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 two years,
or with fine, or with both.
165. No person subject to the Army Act, 1950 the Indian Navy (Discipline) Act, 1934,
or the Air Force Act , 1950 shall be subject to punishment under this Sanhita
for any of the offences
defined in this Chapter.
166. Whoever, not being a soldier, sailor or
airman in the Army, Naval or Air
service of the Government of India, wears any garb or carries
any token resembling any garb or token
used by such a soldier,
sailor or airman
with the intention that it may be believed
that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months,
or with fine which may extend to two thousand rupees, or with both.
CHAPTER IX
Of Offences
Relating to Elections
167.
For
the purposes of this Chapter—
(a)
“candidate” means a person who has been nominated
as a candidate at any election;
(b)
“electoral right”
means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to
vote or refrain from voting at an election.
168.
(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
5
10
15
20
25
46 of 1950.
45 of 1950.
34 of 1934.
30
35
40
45
(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:
5 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
10 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.
169. (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.
15 (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
20 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
or a legal right without intent to interfere
with an electoral right, shall not be deemed to be
25 interference
within the meaning
of this section.
170. Whoever at an election applies for a voting paper on votes in
the name of any other person, whether living or dead, or in a fictitious name,
or who having voted once at such election applies
at the same election for a voting
paper in his own name,
and whoever abets, procures
or attempts to procure the voting by any person
in any such way, commits
30 the offence of personation at an election:
Provided that nothing in this section
shall apply to a person
who has been authorised
to vote as proxy for an elector
under any law for the time being in force in so far as he votes as a proxy for such elector.
171.
Whoever commits the offence of bribery shall be punished with imprisonment of
35 either description for a term which may extend to one year,
or with fine,
or with both: Provided that bribery by treating
shall be punished with fine only.
Explanation.— “Treating” means that form of bribery where the gratification consists in
food, drink, entertainment, or provision.
172.
Whoever commits the offence of undue influence or personation at an election
40 shall be punished with imprisonment of either description
for a term which may extend to one year or with fine, or with both.
173. 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
45 conduct of any candidate shall be punished
with fine.
Undue
influence at elections.
Personation at elections.
Punishment
for bribery.
Punishment for undue influence or
personation at an election.
False
statement in connection with an
election.
Illegal
payments in connection with an
election.
Failure to keep election
accounts.
174. Whoever without the general or special authority
in writing of a candidate incurs or authorises expenses on account of the holding of any
public meeting, or upon any advertisement, circular or publication, or in any
other way whatsoever for the purpose of promoting or procuring the election of
such candidate, shall be punished with fine which
may extend to ten thousand rupees: 5
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.
175.
Whoever being required by any law for the time being in force or any rule having 10
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 thousand rupees.
Counterfeiting coin,
Government stamps,
currency-notes or bank-notes.
Using as genuine, forged or counterfeit coin,
Government stamp,
currency-notes or bank-notes.
Possession of forged or
counterfeit coin,
Government stamp,
currency-notes or bank-notes.
CHAPTER X
Of offences relating to coin, currency notes, bank notes, and government stamps
176. Whoever counterfeits, or knowingly performs any part of the
process of counterfeiting, any coin, stamp issued by Government for the purpose of revenue, currency-
note or bank-note, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.—For the purposes of this Chapter,—
(1)
the expression “bank-note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying
on the business
of banking in any part of the world, or issued by or under
the authority of any State
or Sovereign Power, and intended to be used as equivalent to, or as a
substitute for money;
(2)
“coin” shall have the same meaning assigned to it in section 2 of the Coinage Act,
2011 and includes metal used for the time being as money and is stamped and
issued by or under the authority of any State or Sovereign Power intended to be
so used;
(3)
a person commits the
offence of “counterfeiting Government stamp” who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different
denomination;
(4)
a
person commits the offence of counterfeiting coin 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; and
(5) the offence of “counterfeiting
coin” includes diminishing the weight or alteration of the composition, or
alteration of the appearance of the coin.
177. Whoever sells or delivers to, or buys or receives from, any
other person, or otherwise traffics or uses as genuine, any forged or
counterfeit coin, stamp issued by Government for the purpose of revenue,
currency-note or bank-note, knowing or having reason to believe the same to be forged
or counterfeit, shall be punished
with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
178. Whoever has in his possession any forged or counterfeit coin,
stamp issued by Government for the purpose of revenue, currency-note or
bank-note, knowing or having reason to believe the same to be forged or
counterfeit and intending to use the same as genuine or that it may be used as
genuine, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.
15
20
25
11 of 2011.
30
35
40
45
179. Whoever makes or mends, or performs any part of the process of
making or mending, or buys or sells or disposes of, or has in his possession,
any machinery, die, instrument or material for the purpose of being used, or knowing or having reason to believe
that it is intended to be used,
for forging or counterfeiting any coin, stamp
issued by
5 Government for the purpose of revenue, currency-note or bank-note, shall be punished
with
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.
180. (1) Whoever
makes, or causes
to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so
10 nearly resembling as to be calculated to
deceive, any currency-note or bank-note shall be punished with fine which may
extend to three hundred rupees.
(2)
If any person, whose
name appears on a document the making of which is an offence under sub-section (1), refuses,
without lawful excuse,
to disclose to a police-officer on being so required
the name and address of the person by whom it was printed or otherwise
15 made, he shall be punished
with fine which may extend
to six hundred rupees.
(3)
Where the name of any person appears on any document
in respect of which any person is charged with an offence
under sub-section (1) or on any other document
used or distributed in connection with that document it
may, until the contrary is proved, be presumed that the person caused
the document to be made.
20 181. Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp
issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any
writing or document
a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document,
shall be punished
with
25 imprisonment of either
description for a term which may extend
to three years,
or with fine, or
with both.
182. Whoever, fraudulently or with intent to cause loss to the
Government, uses for any purpose a stamp issued
by Government for the purpose
of revenue, which
he knows to have
been before used,
shall be punished
with imprisonment of either description for a term
30 which may extend
to two years, or with fine, or with both.
183. Whoever, fraudulently or with intent to cause loss to
Government, erases or removes from a stamp issued by Government for the purpose
of revenue, any mark, put or
impressed upon such stamp for the purpose of denoting that the same has been
used, or knowingly has in his possession
or sells or disposes of any such stamp from which such
35
mark has been erased or removed,
or sells or disposes of any such stamp which he knows to
have been used, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
184.
(1) Whoever—
(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly
40 uses for any postal purpose any fictitious
stamp; or
(b) has in his possession, without lawful excuse,
any fictitious stamp;
or
(c)
makes or, without lawful
excuse, has in his possession any die, plate, instrument or materials for making
any fictitious stamp,
Makinhg or possessing
instruments or materials
for forging or
counterfeiting coin,
Government stamp,
currency-notes or bank-notes.
Making or using
documents resembling
currency-notes or bank-notes..
Effacing writing from substance bearing
Government stamp, or
removing document a stamp used for it,with intent to cause loss to Government.
Using
Government stamp known to have been before
used.
Erasure of mark denoting
that stamp has been
used.
Prohibition of fictitious
stamps.
Person employed in mint causing coin to be of different weight or
composition from that fixed by law.
Unlawfully taking coining instrument
from mints.
Unlawful assembly.
shall be punished
with fine which may extend
to two hundred rupees.
(2)
Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp
may be seized and, if seized shall
be forfeited.
(3) In this section “fictitious stamp” means any stamp falsely
purporting to be issued
by Government for the purpose
of denoting a rate of postage, or any facsimile
or imitation or 5 representation, whether
on paper or otherwise, of any stamp issued by Government for that purpose.
(4)
In this section and also in sections 176 to 179, and sections
181 to 183 both inclusive,
the word “Government”, when used in connection with, or in reference to any stamp issued for the purpose
of denoting a rate of postage, shall,
notwithstanding anything 10 in clause (11) of
section 2, be deemed to include the person or persons authorised by law to
administer executive Government in any part of India or in any foreign country.
185. Whoever, being employed in any mint lawfully established in 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 15 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.
186. Whoever, without lawful
authority, takes out of any mint, lawfully
established in India, any coining tool or instrument, shall be punished
with imprisonment of either description 20
for a term which may extend to seven years, and
shall also be liable to fine.
Chapter XI
Of offences against the public tranquillity
187.
(1) An assembly of five or more persons is designated an “unlawful assembly”, if
the common object of the persons composing that assembly is— 25
(a)
to
overawe by criminal force, or show of criminal force, the Central Government or any State Government or Parliament or the Legislature of any State, or any public
servant in the exercise of the lawful power of such public servant; or
(b) to resist
the execution of any law, or of any legal process; or
(c) to commit any mischief or criminal trespass, or other offence; or 30
(d)
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
(e) by means of criminal force, or show of criminal force, to compel any person to 35
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.
(2)
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 40
assembly and such member shall be punished
with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
(3)
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 45
fine, or with both.
(4)
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.
5 (5) Whoever knowingly joins or continues
in any assembly of five or more persons likely to cause a disturbance of the
public peace, after such assembly has been lawfully commanded to disperse,
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine, or with both.
Explanation.—If the assembly
is an unlawful assembly within the meaning
of
10 sub-section
(1), the offender shall be punishable
under sub-section (3).
(6)
Whoever hires or
engages, or employs, or promotes, or connives at the hiring, engagement or
employment of any person to join or become a member of any unlawful assembly, shall
be punishable as a member
of such unlawful
assembly, and for any offence which may be committed
by any such person as a member of such unlawful assembly
in
15 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.
(7)
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
20 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.
(8)
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 sub-section (1), shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
25 (9) Whoever, being
so engaged or hired as referred to in sub-section (8), 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.
188.
If an offence is committed by any member of an unlawful assembly in prosecution
30 of the common
object of that assembly, or such as the members
of 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.
189. (1) 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
35 such assembly is guilty
of the offence of rioting.
(2)
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.
(3) 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
40 imprisonment of either
description for a term which may extend
to five years,
or with fine, or with both.
190. Whoever malignantly, or wantonly by doing anything which is
illegal, gives provocation to any person intending or knowing it to be likely
that such provocation will cause the offence
of rioting to be committed, shall, if the offence of rioting be committed in
45 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, with imprisonment of
either description for a term which may extend to six months, or with
fine, or with both.
Every member of
unlawful assembly guilty of offence
committed in persecution of
common
object.
Rioting.
Wantonly giving
provocation with intent to cause riot-if
rioting be committed; if not
committed.
Liability of owner,
occupier, etc., of land on which an unlawful assembly
or
riot takes place.
Affray.
Assaulting or obstructing public servant when supperssing
riot, etc.
Promoting
enmity between
different groups on ground of religion, race, place of birth, residence, language,
etc., and doing acts prejudicial to maintenance of harmony.
191. (1) 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 5 earliest
notice thereof in his or their power to the officer in charge 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. 10
(2)
Whenever a riot is committed for the benefit
or on behalf of any person who is the owner or occupier of any land
respecting which such riot takes place or who claims any interest in such land,
or in the subject of any dispute
which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or
his agent or manager, having
reason to believe
that such riot was likely
to be committed or 15
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.
(3)
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 20
interest in such land, or in the subject of
any dispute which gave rise to the riot, or who has accepted or derived any
benefit therefrom, the agent or manager of such person shall be punishable with
fine, if such agent or manager, having reason to believe that such riot was
likely to be committed, or that the unlawful assembly
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 25
from taking place
and for suppressing and dispersing the same.
192. (1) When two or more persons,
by fighting in a public place, disturb
the public peace, they are
said to commit an affray.
(2) 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 thousand 30
rupees, or with both.
193. (1) Whoever assaults
or obstructs any public servant or uses criminal force on any public servant in
the discharge of his duty in endeavouring to disperse an unlawful assembly, or to suppress
a riot or affray, shall be punished
with imprisonment of either
description
for a term which may extend to three years,
or with fine which shall not be less 35
than twenty-five thousand rupees, or with both.
(2) Whoever threatens
to assault or attempts to obstruct any public servant
or threaten or attempts to
use criminal force to any public servant in the discharge of his duty in
endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be
punished with imprisonment of either
description for a term which may extend to one year, or
40
with fine, or with both.
194.
(1) Whoever—
(a)
by words,
either spoken or written, or by signs
or by visible representations
or through electronic communication or otherwise, promotes
or attempts to promote,
on grounds of religion, race,
place of birth,
residence, language, caste
or community or 45
any other ground whatsoever,
disharmony or feelings of enmity, hatred or ill-will between different
religious, racials, 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; or
(c) organises any exercise, movement, drill or other similar activity intending that
5 the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity
will use or be trained
to use criminal force or violence, or participates in such activity
intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants
in such activity will use or be trained to use criminal
force or violence,
against any
10 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
15 both.
(2)
Whoever commits
an offence specified in sub-section (1) in any place
of worship or in any assembly
engaged in the performance of religious worship or religious ceremonies,
shall be punished
with imprisonment which may extend to five years and shall also be liable
to fine.
20 195. (1)
Whoever, by words either spoken or written or by signs or by visible
representations or through electronic communication or otherwise,—
(a)
makes or publishes
any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or
caste or community, bear true faith and allegiance to the Constitution of India as by law
25 established or uphold the sovereignty and integrity of India; or
(b)
asserts, counsels,
advises, propagates or publishes that any class of 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
30 obligation of any class of persons, by reason of their being members of any religious, racial, language
or regional group or caste or community, and such assertion, counsel,
plea or appeal causes or is likely to cause disharmony
or feelings of enmity or hatred or ill-will
between such members and other persons; or
(d)
makes
or publishes false
or misleading information jeopardising the
35 sovereignty unity and integrity or security of India,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Imputations, assertions prejudicial to national
integration.
(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,
40 shall be punished
with imprisonment which may extend
to five years and shall also be liable
to fine.
CHAPTER XII
Of offences
by or relating to
public servants
196. Whoever, being a public servant, knowingly disobeys any direction of the law as
45 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.
Public servant
disobeying law, with intent to cause injury to any person.
Public servant
disobeying direction
under law.
Punishment for non-
treatment of victim.
Public servant
framing an
incorrect document with intent to cause injury.
Public servant
unlawfully engaging in
trade.
Public servant
unlawfully buying or
bidding for
property.
Personating a public
servant.
Wearing garb or carrying token used by public servant
with fraudulent intent.
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, 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. 5
197. Whoever, being a public servant,—
(a)
knowingly disobeys any direction of the
law which prohibits him from requiring the attendance at any place of any
person for the purpose of investigation into an offence or any other matter; or
(b) knowingly disobeys, to the prejudice
of any person, any other direction of 10
the law regulating the manner in which he shall conduct
such investigation; or
(c)
fails to record any
information given to him under sub-section (1)
of section 174 of the Bhartiya
Nagarik Suraksha Sanhita,
2023 in relation to cognizable offence punishable under section
64, section 65 section 66, section 67, section 68,
section 71, section
73, section 76, section 122 or section
141 or section 142, 15
shall be punished
with rigorous imprisonment for a term which shall not be less than six months but which may extend to
two years, and shall also be liable to fine.
198.
Whoever, being in
charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes
the provisions of section 449 of the Bharatiya Nagarik Suraksha Sanhita,
2023, shall be 20
punished with imprisonment for a term which may extend to one year or with fine or with
both.
199.
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 record in a manner which he knows or believes
to be 25
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.
200. 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 30
term which
may extend to one year, or with fine, or with both or with community service.
201.
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; 35
and the property, if purchased, shall
be confiscated.
202.
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 shall not be less than 40
six months but which may extend to three years and with fine.
203.
Whoever, not belonging to a certain
class of public
servants, wears any garb or carries any token resembling any garb
or token used by that class of public servants, with the intention
that it may be believed, or with the knowledge that it is likely to be believed, that
he belongs
to that class of public servants, shall be punished
with imprisonment of either 45
description for a term which
may extend to three months,
or with fine which may extend to five thousand rupees, or with both.
CHAPTER XIII
Of Contempts of The Lawful Authority of Public Servants
204.
Whoever absconds in
order to avoid being served with a summons, notice or order proceeding
from any public servant legally competent, as such public servant, to issue
5 such summons, notice or order,––
(a)
shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to
five thousand rupees, or with both;
(b)
where such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall punished with simple
10 imprisonment for a term
which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
205.
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
15 prevents the lawful
affixing to any place of any such summons, notice
or orderor 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,––
20 (a) shall be punished
with simple imprisonment for a term which may extend to one month or with fine which may
extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or
electronic record in a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten
25 thousand rupees, or with both.
206.
Whoever, being legally bound to attend in person or by an agent at a certain place
and time in obedience to a summons, notice,
order, or proclamation proceeding from any public servant legally competent, as
such public servant, to issue the same, intentionally
omits to attend at that place or time or departs from the place where he is bound to attend
30 before the time at which it is lawful for him to depart,––
(a)
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may
extend to five thousand rupees, or with both;
(b)
where the summons, notice, order or proclamation is to attend in person or by agent in a Court with simple imprisonment for a term which may extend to six months,
35 or with fine which may extend to ten thousand
rupees,or with both.
Illustrations.
(a)
A, being legally
bound to appear before a High Court, in obedience to a subpoena issuing
from that Court,
intentionally omits to appear. A has committed
the offence defined in this section.
40 (b) A, being legally bound to appear before a
District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has
committed the offence defined in this section.
207.
Whoever fails
to appear at the specified place and the specified time as required by a proclamation published
under sub-section (1) of section 84
of the Bhartiya Nagarik
45 Suraksha Sanhita, 2023 shall be punished with imprisonment for a term which may extend to three years or with fine or with both or with community service, and where a declaration has been made under sub-section (4) of that section
pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also
be liable to fine.
Absconding to avoid service
of summons or
other proceeding.
Preventing service of summons
or other
proceeding, or preventing
publication
thereof.
Non-
attendance in obedience to an order from public
servant.
Non- appearance in response to a proclamation under section 82 of Bhartiya
Nagarik Suraksha Sunhita
2023.
Omission to produce
document to public servant by person legally bound to produce it.
Omission to give notice or information to public servant
by person legally bound to give it.
Furnishing false
information.
208.
Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to
produce or deliver up the same,––
(a)
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may
extend to five thousand rupees, or with both; 5
(b)
and where the document
or electronic record is to be produced
or delivered up to a Court with simple imprisonment for a term which may extend to six months, or with
fine which may extend to ten thousand rupees, or with both.
Illustration.
A, being legally bound to produce a document before a District Court, intentionally 10
omits to produce
the same. A has committed
the offence defined
in this section.
209.
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,––
(a)
shall be punished with simple imprisonment for a term which may extend to 15
one month, or with fine which may extend to five thousand
rupees, or with both;
(b)
where the notice or information required to be given respects the commission of
an offence, or is required for the purpose of preventing the commission of an offence,
or in order to the apprehension of an offender, with simple imprisonment for a
term which may extend to six months,
or with fine which may extend to ten thousand 20
rupees, or with both;
(c)
where the notice or information required
to be given is required
by an order passed under section 447 of the Bhartiya Nagarik Suraksha
Sanhita, 2023 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. 25
210.
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,––
(a) shall be punished with simple imprisonment for a term which may extend to
six months, or with fine which may extend to five thousand
rupees, or with both; 30
(b)
where 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. 35
(a) A, a landholder, knowing of the commission of a murder within the limits of
his estate,
wilfully 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 40
passed through his village in order to commit a dacoity in the house
of Z, residing in a neighbouring place, and being section
28 of the Bhartiya Nagarik Suraksha
Sanhita, 2023 to give early and
punctual information of the above fact to the officer of the nearest police-station, wilfully misinforms the police officer
that a body of suspicious characters passed
through the village
with a view to commit
dacoity in a certain distant 45
place in a different direction. Here A is guilty of the offence defined in the latter part of this section.
Explanation.—In section 209 and in this section
the word “offence”
include any act committed at any place out of India,
which, if committed in India, would be punishable under any of the following sections, namely, 97, 99, 172, 173, 174, 175, 301, clauses
(b) to
(d) of section 303, sections 304, 305, 306, 320, 325 and 326 and the word “offender”
5 includes any person who is alleged to have been guilty of any such act.
211. Whoever refuses to bind himself by an oath 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 five thousand
rupees, or with both.
10 212. 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 five
thousand rupees, or with both.
15 213.
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 three thousand rupees, or with both.
214. Whoever, being legally bound by an oath or affirmation to state the truth on
20 any subject to any public servant or other person authorised by law to
administer such oath or
affirmation, makes, to such public servant or other person as aforesaid,
touching that 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.
25 215. Whoever gives to any public servant any information which
he knows or believes to be false, intending thereby to cause, or knowing it to
be likely that he will thereby cause, such public servant—
(a)
to do or omit
anything which such public servant ought not to do or omit if the true state of facts respecting
which such information is given were known by
30 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 one year, or with fine which may extend
to ten thousand rupees, or with both.
35 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.
40 (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.
Refusing oath or affirmation when duly required by public servant to make it.
Refusing to answer public
servant authorised to question.
Refusing to
sign statement.
False
statement on oath or
affirmation to public sevant or person authorised to administer an oath or
affirmation.
False
information, with intent to cause
public servant to use his lawful power to the injury of
another
person.
Resistance to the taking of property
by the lawful authority of a public
servant.
Obstructing sale of
property offered for sale by authority of public servant.
Illegal
purchase or bid for
property offered
for sale by authority of public
servant.
Obstructing
public servant in discharge of public
functions.
Omission to assist public servant when bound by law to give assistance.
Disobedience to order duly promulgated by public
servant.
(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 assailants, 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
villagers or some of them. A has committed an offence under this section. 5
216.
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 ten thousand
rupees, or with both. 10
217.
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 thousand rupees, or with both.
218.
Whoever, at any sale of property
held by the lawful authority of a public 15
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 20
extend to two hundred rupees, or with both.
219.
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 two thousand five hundred rupees, or with both. 25
220.
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,––
(a)
shall be punished with simple imprisonment for a term which may extend
to one month, or with fine which may extend to two thousand five hundred rupees,
or with both; 30
(b)
and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes
of executing any process lawfully issued by a Court or of
preventing the commission of an offence, or 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 35
for a term which may extend to six months, or
with fine which may extend to five thousand rupees, or with both.
221.
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 40
such direction,––
(a)
shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons
lawfully employed, be punished with simple imprisonment for a term which may extend to six months or
with fine which may extend to two thousand five hundred rupees, or with both; 45
(b)
and where such disobedience causes or tends to cause
danger to human life, health or safety, or causes or tends to cause a riot or
affray, shall be punished with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to five thousand rupees, or with both.
5 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.
10 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.
222. Whoever holds out any threat of injury to any public servant, or to any person
15 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.
223.
Whoever holds out any threat of injury to any person
for the purpose of
20 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.
224. Whoever attempts
to commit suicide with the intent to compel or restrain any
25 public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend
to one year or with fine or with both or with community service.
CHAPTER XIV
Of False Evidence and Offences
Against Public Justice
30 225. 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
35 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.
40 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.
Threat of injury to public
servant.
Threat of injury to induce person to refrain from applying for protection to public
servant.
Attempt to commit suicide to compel or
restraint exercise of lawful power.
Giving 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 5 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. 10
(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 believe to be a true
interpretation or translation. A has given false evidence.
Fabricating false evidence.
Punishment
for false evidence.
226. Whoever causes any circumstance to exist or makes any false entry in any 15
book or record, or electronic record
or makes any document or electronic record
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 20 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 25 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. 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 30
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.
227.
(1) Whoever intentionally gives false evidence
in any 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 35 may extend to seven years, and shall also be liable to fine which may extend to ten
thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any
case other than that referred
to in sub-section (1),
shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine which may 40
extend to five thousand rupees.
Explanation 1.—A trial before
a Court-martial is a judicial
proceeding.
Explanation
2.—An investigation directed by law preliminary to a proceeding before a Court is a stage of a judicial proceeding, though that
investigation may not take place before a Court.
5 Illustration.
A, in an
enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes
on oath a statement which
he knows to be false.
As this enquiry is a stage of a judicial proceeding, A has given false
evidence.
Explanation 3.—An investigation directed
by a Court according to law, and
10 conducted under the authority of a Court is a
stage of a judicial proceeding, though that investigation may not take place
before a Court.
Illustration.
A, in an
enquiry before an officer deputed by a Court to ascertain on the spot the
boundaries of land, makes on oath a statement which
he knows to be false.
As this
15 enquiry is a stage of a judicial
proceeding, A has given false evidence.
228.
(1) Whoever gives or fabricates false evidence, intending thereby to
cause, or knowing it to be likely that he will thereby cause, any person to be
convicted of an offence which is capital by the law for the time being in force
in India shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which
may extend to
20
ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted
and executed in consequence of false evidence referred in sub-section (1), the person who gives such false
evidence shall be punished either with death or the punishment hereinbefore
described.
229.
Whoever gives or fabricates false evidence intending
thereby to cause, or
25 knowing it to be likely that he will thereby cause, any person to be
convicted of an offence which by the law for the time being
in force in India is not capital,
but punishable with 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.
30 A gives false evidence before a Court
intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend
to ten years, with or without fine. A, therefore, is liable to imprisonment for
life or imprisonment, with or without fine.
230.
(1) Whoever
threatens another with any injury
to his person, reputation or
35 property or to the person or reputation of any one in
whom that person is interested, with intent to cause that person to give false
evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(2) If innocent person is convicted and
sentenced in consequence of false evidence referred to in sub-section (1), with death or imprisonment for more than seven years, the
40 person who threatens shall be punished with
the same punishment and sentence in the same
manner and to the same extent such innocent person is punished
and sentenced.
Giving
or fabricating false evidence with intent to procure
conviction of capital
offence.
Giving
or fabricating
false evidence
with intent to procure
conviction of offence punishable with
imprisonment for life or
imprisonment.
Threatening
any person to give
false evidence.
Using evidence known to be false.
Issuing or signing false certificate.
Using as true a certificate known to be false.
False
statement made in
declaration which is by law receivable as evidence.
Using as true such
declaration knowing it to be false.
Causing disappearance of evidence of offence,
or giving false
information to screen
offender.
Intentional omission to give
information of offence
by person bound to inform.
231.
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.
232. 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
5 or believing that such certificate is false in any material
point, shall be punished in the
same manner as if he gave false evidence.
233.
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. 10
234.
Whoever, in any
declaration made or subscribed by him, which declaration any Court or any
public servant or other person, is bound or authorised 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 15
if he gave false evidence.
235.
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 20
informality, is a declaration within the meaning of section 234 and this section.
236.
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 shall,— 25
(a)
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;
(b)
if the offence is
punishable with imprisonment for life, or with imprisonment which may extend to ten years,
be punished with imprisonment of either description 30
for a term which may extend to three years, and shall also be liable to fine;
(c)
if the offence is
punishable with imprisonment for any term not extending to ten years, be
punished with imprisonment of the description provided for the offence, for a
term which may extend to one-fourth part of the longest term of the
imprisonment provided
for the offence, or with fine, or with both. 35
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.
237.
Whoever, knowing or having
reason to believe
that an offence
has been 40
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 which may extend to five thousand rupees, or with both.
238.
Whoever, knowing or
having reason to believe that an offence has been committed, gives any
information respecting that offence which he knows or believes to be false,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
5 Explanation.—In sections 236 and 237 and in this section
the word “offence” includes any act committed at any place out of India, which, if committed
in India, would be
punishable under any of the following sections,
namely, 97, 99, 172, 173, 174, 175,
301,303, 304, 305, 306, 320, 325 and 326.
239.
Whoever secretes or destroys
any document or electronic record which he
10 may be lawfully
compelled to produce
as evidence in a Court
or in any proceeding lawfully held before a public servant, as
such, or obliterates or renders illegible the whole or any part of such document
or electronic record
with the intention of preventing the same from being produced or used as evidence
before such Court or public servant as aforesaid, or after he shall have been lawfully
summoned or required
to produce the same for that
15 purpose, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine which may extend to five thousand
rupees, or with both.
240.
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
20 punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.
241.
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
25 has been pronounced, or which he knows to be
likely to be pronounced, by a Court 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 in a civil suit, shall be punished with
imprisonment of either description for a term which may extend to three years
or with fine which may extend to five
thousand rupees, or with both.
30 242. Whoever fraudulently accepts, receives or
claims any property or any interest therein, knowing that he has no right or
rightful claim to such property or interest, or practices any deception
touching any right to any property or any interest therein, intending
thereby to prevent that property or interest therein from being taken as a forfeiture
or in satisfaction of a fine, under a sentence
which has been pronounced, or which he
35 knows to be likely to be pronounced by a Court 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 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.
243.
Whoever fraudulently causes or suffers a decree or order to be passed against
40 him at the suit of any person for a sum not
due or for a larger sum than is due to such person or for any property or
interest in property to which such person is not entitled, or fraudulently
causes or suffers a decree or order to be executed against him after it has
been satisfied, or for anything in respect of which it has been satisfied,
shall be punished with imprisonment of either description for a term which may extend to two years, or with
45 fine, or with both.
Giving false information
respecting an offence
committed.
Destruction of document to
prevent its production as evidence.
False
personation for purpose
of act or proceeding in suit or
prosecution.
Fraudulent removal or
concealment of property
to prevent its seizure
as forfeited or in execution.
Fraudulent claim to
property to prevent
its seizure as
forfeited or in execution.
Fraudulently suffering decree for sum not due.
Dishonestly making false claim in
Court.
Fraudulently obtaining decree for sum not due.
False charge of offence
made with
intent to injure.
Harbouring
offender.
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 5
under A’s decree. Z has committed
an offence under this section.
244.
Whoever fraudulently or dishonestly, or with intent to injure or annoy any
person, makes in a Court 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. 10
245.
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 15
with imprisonment of either description for a term which may extend to two years,
or with fine, or with both.
246.
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 20
proceeding or charge against
that person,—
(a) shall be punished
with imprisonment of either description for a term which
may extend to five years, or with fine which may extend to two lakh rupees,
or with both;
(b)
if such criminal
proceeding be instituted on a false charge of an offence 25
punishable with death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with imprisonment of
either description for a term which may extend to ten years, and shall also be
liable to fine.
247.
Whenever an offence has been committed, whoever harbours or conceals a person
whom he knows or has reason to believe to be the offender, with the intention
of 30
screening him from legal punishment shall,—
(a) 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;
(b) if the offence is punishable with imprisonment for life, or with imprisonment 35
which may extend to ten years, be punished
with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment which may extend
to one year, and not to ten years, 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 40
imprisonment provided for the offence, or with fine, or with both.
Explanation.––“Offence” in this section includes any act committed at
any place out of India,
which, if committed in India, would
be punishable under
any of the following
sections, namely 97, 99, 172, 173, 174, 175, 301,303,
304, 305, 306, 320, 325 and 326
and
every such act shall, for the purposes of this
section, be deemed to be punishable as if the accused person had been guilty of
it in India.
Exception.—This section shall not extend to any case in which the
harbour or concealment is by the spouse of the offender.
5 Illustration.
A, knowing that
B has committed dacoity, knowingly conceals B in order to screen him from legal
punishment. Here, as B is liable to imprisonment for life, A is liable to
imprisonment of either description for a term not exceeding three years, and is
also liable to fine.
10 248.
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 shall,––
15 (a)
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;
(b)
if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished
with imprisonment of either description
20 for a term which may extend to three years, and shall also be liable to fine;
(c)
if the offence is
punishable with imprisonment not extending to ten years, 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.
25 249.
Whoever gives or causes, or
offers or agrees to give or cause, any gratification to any person, or restores
or causes the restoration of any property to any person, in consideration of
that person’s concealing an offence, or of his screening any person from legal
punishment for any offence, or of his not proceeding against any person for the
purpose of bringing him to legal punishment shall,––
30 (a) if the offence
is punishable with death, be punished with imprisonment of either description for a term which
may extend to seven years, and also be liable to fine;
(b)
if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, be punished
with imprisonment of either description
35 for a term which may extend to three years, and shall also be liable to fine;
(c)
if the offence is
punishable with imprisonment not extending to ten years, 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.
40 250. 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 Sanhita, shall, unless he uses all means in his power to cause the offender
to be apprehended and convicted
of the
Taking gift, etc., to screen an offender
from
punishment.
Offering gift or restoration of property in consideration of screening
offender.
Taking gift to help to
recover stolen property, etc.
Harbouring offender who has escaped
from custody or whose
apprehension has been ordered.
Penalty for harbouring
robbers or dacoits.
Public servant
disobeying direction
of law with
intent to save person from
punishment or property
from forfeiture.
offence, be punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
251.
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 5 apprehended
for an offence, whoever, knowing of such escape or order for apprehension,
harbours or conceals that person with the intention of preventing him from being apprehended,
shall be punished in the manner following, namely:––
(a)
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 10 either description for a term which may extend to seven years,
and shall also be
liable to fine;
(b)
if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with
imprisonment of either description for a term
which may extend to three years, with or without fine; 15
(c)
if the offence is
punishable with imprisonment which may extend to one year and not to ten years, he shall be punished
with imprisonment of the description provided for the offence for a
term which may extend to one-fourth part of the longest term of the imprisonment provided
for such offence,
or with fine, or with
both. 20
Explanation.––“Offence” in this section includes also any act or
omission of which a person is alleged to have been guilty out of India, which,
if he had been guilty of it in India, would have been punishable as an offence,
and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in
India, and every such act or omission
shall, for the purposes of this section,
be deemed to 25
be punishable as if the accused person had been guilty of it in India.
Exception.—The provision does not extend to the case in which the
harbour or concealment is by the spouse of the person to be apprehended.
252.
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 30
the intention of facilitating the
commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished
with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine.
Explanation.—For the purposes of this section it is immaterial whether the robbery
or dacoity is intended to be committed,
or has been committed, within or without India. 35
Exception.—This section does not extend to the case in which the
harbour is by the spouse of the offender.
253.
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 thereby
to save, or knowing it to be likely that he will thereby save, any person from legal 40
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.
254.
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
5 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.
10 255. 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.
256. Whoever, being in any office
which gives him legal authority
to commit persons
15 for trial or to confinement, or to keep
persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the
exercise of that authority knowing that in so doing he is acting contrary to
law, shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.
20 257. 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 be apprehended for an offence, intentionally omits to apprehend
such person, or intentionally suffers such person to escape, or intentionally
aids such person in escaping or attempting to escape from such confinement,
shall be punished,––
25 (a)
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
(b)
with
imprisonment of either description for a term which may extend to
30 three years, with or without
fine, if the person in confinement, or who ought
to have been apprehended, was
charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend
to ten years; or
(c) with imprisonment of either description for a term which may extend to two
35 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.
258.
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 for any
40 offence 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,—
(a)
with imprisonment for life or with imprisonment of either description for a term which
may extend to fourteen years,
with or without
fine, if the person in
45 confinement,
or who ought to have been apprehended, is under sentence
of death; or
Public servant
framing
incorrect
record or writing with
intent to save person from
punishment or
property from forfeiture.
Public servant
in judicial proceeding
corruptly
making report, etc., contrary to law.
Commitment
for trial or confinement by person having authority who knows that he is acting contrary
to law.
Intentional
omission to
apprehend on the part of public servant bound to
apprehend.
Intentional
omission to
apprehend on the part of public servant bound to
apprehend
person under sentence
or lawfully
committed.
Escape from confinement or custody negligently suffered by
public servant.
Resistance or obstruction by a person to his lawful
apprehension.
Resistance or obstruction to lawful
apprehension of another
person.
(b)
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 or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or
upwards; or 5
(c)
with imprisonment of
either description for a term which may extend to three years, or with fine, or
with both, if the person in confinement or who ought to have been apprehended
is subject by a sentence of a Court to imprisonment for a term not extending to
ten years or if the person was lawfully committed to custody.
259. Whoever, being a public servant legally bound as such public servant to keep 10
in confinement any person
charged with or convicted of any offence
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.
260. Whoever intentionally offers any resistance
or illegal obstruction to the lawful 15
apprehension of himself for any offence
with which he is charged
or of which he has been
convicted, or escapes or attempts to escape from any custody in which he is
lawfully detained for any such offence, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
Explanation. —The punishment in this section
is in addition to the punishment for 20
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.
261. 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,— 25
(a)
shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both;
(b)
if the person to be
apprehended, or the person rescued or attempted to be rescued, is charged with
or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years,
shall 30
be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable
to fine;
(c)
if the person to be
apprehended, or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence
punishable with death,
shall be punished
with imprisonment of either description for a term which may 35
extend to seven years, and shall also be liable to fine;
(d)
if the person to be
apprehended or rescued, or attempted to be rescued, is liable under
the sentence of a Court
or by virtue of a commutation of such a sentence,
to imprisonment for life, 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 40
seven years, and shall also be liable to fine;
(e)
if the person to be
apprehended or rescued, or attempted to be rescued, is under sentence
of death, shall be punished with imprisonment for life or imprisonment
of either description for a term not exceeding ten years, and shall also
be liable to
fine. 45
262.
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 257,
section 258 or section 259, 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—
5 (a) if he does so intentionally, with imprisonment of either description for a term which
may extend to three years, or with fine or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or
with both.
263. Whoever, in any case not provided
for in section 260 or section 261 or in any
10 other law for the time being in force,
intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other
person, or escapes or attempts to escape from any custody in which he is lawfully
detained, or rescues
or attempts to rescue
any other person from any custody in which that person is lawfully detained,
shall be punished with imprisonment of either description for a term which may extend to six months,
15 or with fine, or with both.
264. 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
20 punishment as he has not already suffered.
265. 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 five thousand rupees, or with both.
25 266. Whoever, by personation or otherwise, shall intentionally cause, or
knowingly suffer himself to be
returned, empanelled or sworn as an 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 assessor, shall be punished
with imprisonment of either description for a term
30
which may extend to two years, or with fine, or with both.
267.
Whoever, having
been charged with an offence
and released on bail or on bond without sureties, fails without
sufficient cause (the burden of proving which
shall lie upon him), to appear in court in accordance with the terms
of the bail or bond,
shall be punished with imprisonment of either description for a term which may extend to one year, or with fine,
35 or with both.
Explanation.—The punishment under this section is—
(a) in addition to the punishment to which the offender would be
liable on a conviction for the offence with which he has been charged; and
(b) without prejudice to the power of the court to order forfeiture of the bond.
40 CHAPTER XV
Of Offences affecting the public health, safety, convenience, decency
and morals
268.
A person
is guilty of a public
nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the
45 people in general who dwell or occupy property in the vicinity, or which
must necessarily cause injury,
obstruction, danger or annoyance to persons who may have occasion to use any
public right but a common nuisance is
not excused on the ground that it causes some convenience or advantage.
Omission to
apprehend, or sufferance of escape, on part of public servant,
in cases not otherwise,
provided for.
Resistance or obstruction to lawful
apprehension or escape or rescue
in cases not otherwise provided for.
Violation of condition
of remission of punishment.
Intentional insult or
interruption to public servant sitting
in judicial proceeding.
Personation
of an assessor.
Failure
by person released
on
bail
or bond to appear in
court.
Public nuisance.
Negligent act likely to spread infection
of disease dangerous to life.
Malignant act likely to spread infection
of disease dangerous
to life.
Disobedience to quarantine rule.
Adulteration of food or drink intended
for sale.
Sale of noxious food or drink.
Adulteration of drugs.
Sale of adulterated drugs.
Sale of drug as a different drug or
preparation.
Fouling water of
public spring or
reservoir.
Making
atmosphere noxious to health.
Rash driving or riding on a public way.
269.
Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to
spread the infection of any disease dangerous to life, shall be punished
with imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
270.
Whoever malignantly
does any act which is, and which he knows or has reason 5 the believe to
be, likely to spread the infection of any disease dangerous to life, shall be
punished with imprisonment of either
description for a term which
may extend to two years,
or with fine, or with both.
271.
Whoever knowingly
disobeys any rule made by the Government for putting any mode of transport into
a state of quarantine, or for regulating the intercourse of any such 10 transport in a state of quarantine or for
regulating the intercourse between places where an infectious disease prevails
and other places, shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
272.
Whoever adulterates
any article of food or drink, so as to make such article noxious as food or drink,
intending to sell such article
as food or drink, or knowing it to be 15 likely that the same will be sold as food or drink, shall be
punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend
to five thousand
rupees, or with both.
273. Whoever sells,
or offers or exposes for sale, as food or drink, any article which
has been rendered
or has become noxious, or is in a state unfit for food or drink, knowing
or 20 having reason to believe that the same is
noxious as food or drink, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both.
274.
Whoever adulterates
any drug or medical preparation in such a manner as to lessen the efficacy
or change the operation of such drug or medical
preparation, or to make 25 it noxious, intending that it shall
be sold or used for, or knowing
it to be likely that it will be
sold or used for, any medicinal purpose,
as if it had not undergone such adulteration, shall
be punished with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to five thousand rupees, or with both.
275. Whoever, knowing
any drug or medical preparation to have been adulterated in 30
such a manner as to lessen its efficacy,
to change its operation, or to render it noxious,
sells the same, or offers or exposes it for sale, or issues it from any
dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes
by any person not knowing of the adulteration, shall be punished
with imprisonment of either description for a
term which may extend to six months, or with fine which may extend to five thousand rupees,
35
or with both.
276.
Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or
medical preparation, as a different drug or medical preparation, shall be punished
with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to five thousand
rupees, or with both. 40
277.
Whoever
voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with
imprisonment
of either description for a term which may extend to six months,
or with fine which may extend to five thousand
rupees, or with both.
278.
Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious 45 to the health of persons
in general dwelling
or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which
may extend to one thousand rupees.
279.
Whoever drives any
vehicle, or rides, on any public way in a manner so rash or negligent as to endanger
human life, or to be likely to cause hurt or injury to any other 50
person, shall be
punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand
rupees, or with both.
280.
Whoever navigates any
vessel in a manner so rash or negligent as to endanger human life, or to be likely
to cause hurt or injury
to any other person, shall
be punished with
5 imprisonment
of either description for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both.
281.
Whoever exhibits any
false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any
navigator, shall be punished with imprisonment of either description for a term which may extend to seven years,
and with fine which shall not
10 be less than ten thousand
rupees.
282.
Whoever knowingly
or negligently conveys,
or causes to be conveyed
for hire, any person by water
in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person,
shall be punished
with imprisonment of either description for a term which may extend
to six months, or with fine which may extend
to five thousand
15 rupees, or with both.
283.
Whoever, by doing any act, or by omitting
to take order
with any property
in his possession or under
his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished, with fine which may extend to five thousand rupees.
20 284.
Whoever does, with any
poisonous substance, any act in a manner so rash or negligent as to endanger
human life, or to be likely to cause hurt or injury
to any person or knowingly
or negligently omits to take such order with any poisonous substance in his
possession as is sufficient to guard against any probable danger to human life
from such poisonous substance, shall
be punished with imprisonment of either description for a term
25 which may extend
to six months, or with fine which
may extend to five thousand
rupees, or with both.
285.
Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be
likely to cause hurt or injury to any other person or knowingly or negligently omits to take such order with any fire or any combustible matter in
30 his possession as is sufficient to guard against
any probable danger to human life from such
fire or combustible matter, shall
be punished with imprisonment of either description for a term which may extend to six months, or with fine
which may extend to two thousand rupees, or with both.
286. Whoever does, with any explosive substance, any act so rashly or negligently as
35 to endanger human life, or to be likely to cause hurt or
injury to any other person, or knowingly or negligently omits to take such
order with any explosive substance in his possession as is sufficient to guard
against any probable danger to human life from that substance, shall be punished
with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to five thousand
rupees, or with both.
40 287. Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause
hurt or injury to any other personor knowingly or negligently omits to take such order with any machinery in
his possession or under his care as is sufficient to guard against
any probable danger
to human life from such machinery, shall be
punished with imprisonment of either description for a term which may extend to six months,
45 or with fine which may extend to five thousand
rupees, or with both.
288. Whoever, in pulling
down, repairing or constructingany building,
knowingly or negligently omits
to take such measures with that building
as is sufficient to guard
against any probable danger to human life from the fall of that building, or of any part thereof,
shall be punished with imprisonment of either description for a term which may extend to six
50 months, or with fine which may extend
to five thousand rupees, or with both.
Rash naviga-
tion of vessel.
Exhibition of false light, mark or buoy.
Conveying
person by water for hire in unsafe or overloaded vessel.
Danger or obstruction in public
way or line of
navigation.
Negligent
conduct with respect
to
poisonous
substance.
Negligent
conduct with respect
to fire or combustible matter.
Negligent
conduct with respect
to
explosive
substance.
Negligent
conduct with respect
to
machinery.
Negligent
conduct with respect
to pulling down, repairing or constructing buildings etc.
Negligent conduct with respect to
animal.
Punishment for public nuisance
in cases not otherwise
provided for.
Continuance of
nuisance after injunction to discontinue.
Sale, etc., of obscene
books, etc.
289. Whoever knowingly or negligently omits to take such measures
with any animal in his possession as is sufficient to guard against
any probable danger to human life, or any
probable danger of grievous hurt from such animal, shall be punished
with imprisonment of either description for a term which may extend to six months, or with fine which may extend
to five thousand rupees, or with both. 5
290. Whoever commits a public nuisance in any case not otherwise punishable by this Sanhita
shall be punished with fine which may extend to one thousand rupees.
291. Whoever repeats or continues a public nuisance, having been
enjoined by any public servant who has lawful authority to issue such
injunction not to repeat or continue such nuisance, shall be punished with simple
imprisonment for a term which may extend to 10
six months, or with fine which may extend to five thousand
rupees, or with both.
292. (1) For the purposes
of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure
or any other object, including display of any content in electronic form shall be deemed to be obscene if it is
lascivious or appeals to the prurient interest
or if its effect, or (where it comprises two or more distinct items)
the effect of any one 15
of its items, is, if taken
as a whole, such as to tend to deprave
and corrupt persons
who are likely,
having regard to all relevant circumstances, to read, see or hear the matter contained or embodied
in it.
(2) Whoever—
(a)
sells, lets to hire, distributes, publicly
exhibits or in any manner puts into 20
circulation, or for purposes
of sale, hire, distribution, public exhibition or circulation,
makes, produces or has in his possession any obscene book, pamphlet, paper, drawing,
painting, representation or figure or any other obscene object
whatsoever in whatever manner; or
(b)
imports, exports or conveys
any obscene object for any of the purposes 25
aforesaid, or knowing or having reason to believe
that such object will be sold, let to
hire, distributed or publicly exhibited or in any manner put into circulation;
or
(c)
takes part in or
receives profits from any business in the course of which he knows or has reason
to believe that any such obscene objects
are, for any of the purposes aforesaid, made produced,
purchased, kept, imported, exported, conveyed, 30
publicly exhibited or in any manner put into circulation; or
(d)
advertises or makes
known by any means whatsoever that any person is engaged or is ready to engage
in any act which is an offence
under this section,
or that any such obscene
object can be procured from or through any person; or
(e) offers or attempts to do any act
which is an offence under this section, 35
shall be punished
on first conviction with imprisonment of either description for a term which may extend to two years, and
with fine which may extend to five thousand rupees,
and, in the event of a second or subsequent conviction, with imprisonment of
either description for a term which may extend to five years,
and also with fine which may extend to ten thousand rupees. 40
Exception.—This section does not extend to—
(a)
any book, pamphlet,
paper, writing, drawing, painting, representation or figure—
(i)
the publication of which is proved to be justified as being for the public good on the ground
that such book, pamphlet, paper,
writing, drawing, painting, 45 representation or figure is in the interest of science,
literature, art or learning or other objects of general concern; or
(ii) which is kept or used bona fide for religious purposes;
(b)
any representation
sculptured, engraved, painted or otherwise represented on or in—
24 of 1958. 5
10
15
20
25
30
35
40
45
(i)
any ancient
monument within the meaning of the Ancient
Monuments and Archaeological
Sites and Remains Act, 1958; or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.
293. Whoever sells, lets to hire,
distributes, exhibits or circulates to any child
below the age of eighteen years such obscene object as is referred to in
section 292, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description
for a term which may extend to three years, and with fine which may extend to two thousand
rupees, and, in the event of a second or subsequent conviction, with imprisonment of either
description for a term which may extend to seven years, and also with fine which may extend to
five thousand rupees.
294.
Whoever, to the annoyance
of others,—
(a)
does
any obscene act in
any public place; or
(b) sings, recites or utters any obscene song, ballad or words, in
or near any public place,
shall be punished
with imprisonment of either description for a term which may extend to three months, or with fine which may
extend to one thousand rupees, or with both.
295. (1) Whoever
keeps any office or place for the purpose of drawing any lottery not being
a State lottery or a lottery authorised by the State Government, shall be punished
with imprisonment of either description for a term which may extend to six months, or with fine, or with
both.
(2) Whoever publishes any proposal to pay any sum, or to deliver
any goods, or to
do
or forbear from doing anything for the benefit of any person, on any event or contingency
relative or applicable to the drawing
of any ticket, lot, number
or figure in any such lottery,
shall be punished with fine which may extend to five thousand rupees.
CHAPTER XVI
Of offences relating to
religion
296. Whoever destroys, damages
or defiles any place of worship, or any object
held sacred by any class of persons with the intention of thereby
insulting the religion of any class of persons or with the knowledge that any
class of persons is likely to consider such destruction, damage or defilement
as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with
both.
297. Whoever, with deliberate and malicious intention of outraging the religious feelings
of any class of citizens
of India, by words, either spoken or written, or by signs or by visible
representations or through electronic means or otherwise, insults or attempts
to insult the religion or the religious beliefs
of that class,
shall be punished
with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.
298. Whoever voluntarily causes disturbance to any assembly lawfully
engaged in the performance of religious worship, or religious ceremonies, shall
be punished with imprisonment of either
description for a term which may extend
to one year, or with fine, or with both.
Sale, etc., of obscene objects to child.
Obscene acts and songs.
Keeping
lottery office.
Injuring or defiling
place of worship,
with intent to insult the religion of any class.
Deliberate and malicious
acts, intended to outrage religious
feelings of any class
by insulting its religion or religious
beliefs.
Disturbing
religious assembly.
Trespassing on
burial places, etc.
Uttering words, etc., with deliberate
intent to wound religious feelings.
Theft.
299. Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person or with the knowledge
that the feelings
of any person are likely
to be wounded, or that the religion of any person is likely to be insulted thereby,
commits any trespass in any place of worship
or on any place of sepulture, or any place set apart
for the
performance of funeral rites or as a
depository for the remains of the dead, or offers any 5
indignity to any human corpse, or causes disturbance to any persons assembled
for the performance of funeral ceremonies, shall be punished
with imprisonment of either description
for a term which may extend to one year, or with fine, or with both.
300. Whoever, with the deliberate intention of wounding the religious
feelings of any person, utters any word or makes any sound in the hearing of that person or makes any 10 gesture in the
sight of that persons or places any object in the sight of that person, shall
be punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY 15
301. (1) Whoever, intending
to take dishonestly any movable property out of the possession of any person
without that person’s consent, moves that property in order to such taking, is
said to commit theft.
Explanation 1.—A thing so long as it is attached to the earth, not
being movable property, is not the
subject of theft; but it becomes capable of being the subject of theft as 20
soon as it is severed from the earth.
Explanation 2.—A moving effected
by the same act which effects the severance may be a theft.
Explanation 3.—A person is said to cause a thing to move by removing
an obstacle which
prevented it from moving or by separating it from any other thing, as well as
by 25
actually moving it.
Explanation 4.—A person, who by any means causes an animal to move,
is said to move that animal,
and to move everything which,
in consequence of the motion
so caused, is moved by that
animal.
Explanation 5.—The consent mentioned in this sectionmay be express or implied, and 30
may be given
either by the person in possession, or by any person having
for that purpose authority either express or
implied.
Illustrations.
(a) A cuts down a tree on Z’s ground,
with the intention
of dishonestly taking the tree
out of Z’s possession without
Z’s consent. Here,
as soon as A has severed the tree in order 35
to such taking,
he has committed theft.
(b)
A puts a bait for dogs in his pocket, and thus induces
Z’s dog to follow it. Here, if A’s intention be dishonestly to take
the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A.
(c) A meets a bullock
carrying a box of treasure.
He drives the bullock in a certain 40
direction, in order that he may dishonestly take the treasure.
As soon as the bullock
begins to move, A has
committed theft of the treasure.
(d)
A being
Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has
committed theft.
(e) Z, going on a journey, entrusts
his plate to A, the keeper of a warehouse, till Z shall 45
return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed
theft, though he may have
committed criminal breach of trust.
(f)
A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring
is in Z’s possession, and if A dishonestly
removes it, A commits theft.
(g)
A finds a ring lying on the highroad, not
in the possession of any person. A,
by taking it, commits no theft, though he may commit criminal misappropriation of property.
5 (h) A sees a ring belonging to Z lying on
a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a
place where it is highly improbable that it
will ever be found by Z, with the intention of taking the ring from the hiding place and selling
it when the loss is forgotten. Here A, at the time of
first moving the ring, commits theft.
10 (i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not
owing to the jeweler any debt for
which the jeweler might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here
A, though he may have committed criminal trespass and assault, has not
committed theft, inasmuch as what he did was not done dishonestly.
15 (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out
of Z’s possession, with the intention of depriving Z of the property as a security
for his debt, he commits
theft, inasmuch as he takes it dishonestly.
(k) Again, if A, having
pawned his watch
to Z, takes it out of Z’s possession without
20 Z’s consent, not having paid what he borrowed on the watch,
he commits theft,
though the watch is his own
property inasmuch as he takes it dishonestly.
(l)
A takes an article belonging to Z out of
Z’s possession without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A
takes dishonestly; A has therefor committed theft.
25 (m) A, being on friendly
terms with Z, goes into Z’s library
in Z’s absence, and takes away a book without
Z’s express consent
for the purpose merely of reading it, and with the
intention of returning it. Here, it is probable that A may have conceived that
he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.
(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows
30 to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed
theft.
(o)
A is the paramour of Z’s wife. She gives a
valuable property, which A knows to belong to her husband
Z, and to be such property as she has no authority
from Z to give. If A takes the property dishonestly, he
commits theft.
35 (p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of Z’s possession. Here, as A does not
take dishonestly, he does not commit theft.
(2) Whoever commits
theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second
40 or subsequent conviction of any person under this
section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to
five years and with fine:
Provided that in cases
of theft where
the value of the stolen
property is less than five thousand rupees, and a person is convicted for the first time, shall upon return
of the value
45 of property or restoration of the stolen
property, shall be punished with community service.
Snatching.
Theft in a dwelling
house, or means of
transportation or place of worship,
etc.
Theft by clerk
or servant of property in possession of master.
Theft after preparation made for
causing death, hurt or
re- straint in order to the commit- ting of theft.
Extortion.
302. (1) Theft is
“snatching” if, in order to commit theft, the offender suddenly or quickly or
forcibly seizes or secures or grabs or takes away from any person or from his
possession any moveable property.
(2) Whoever commits
snatching, shall be punished with imprisonment of either
description for
a term which may extend to three years, and shall also be liable to fine. 5
303.
Whoever commits theft—
(a)
in any building, tent
or vessel used as a human dwelling or used for the custody of property; or
(b) of any means of transport used for the transport of goods or passengers;
or
(c) of any article or goods from any means
of transport used for the transport of 10
goods or passengers; or
(d) of idol or icon in any place of worship; or
(e) of any property of the Government or of a local authority,
shall be punished with imprisonment of either
description for a term which may extend to seven years and shall also be liable
to fine. 15
304. Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable
to fine.
305.
Whoever commits theft, having made
preparation for causing death, or
hurt, or
20
restraint, or fear of death, or of hurt, or of restraint, to any person,
in order to the committing of such theft, or in order
to the effecting of his escape after
the committing of such theft,
or in order to the retaining of property taken by such theft, shall be
punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Illustrations. 25
(a)
A commits theft on property in Z’s possession; and while committing this theft, he has a loaded
pistol under his garment, having
provided this pistol
for the purpose
of hurting Z in case Z should
resist. A has committed the offence defined in this section.
(b) A picks Z’s pocket, having posted several of his companions near him, in order that
they may restrain Z, if Z should perceive what is passing and should resist, or should attempt
30
to apprehend A. A has committed the offence defined
in this section.
Of Extortion
306. (1) Whoever
intentionally puts any person in fear of any injury
to that person,
or to any other, and thereby
dishonestly induces the person so put in fear to deliver to any
person any property, or valuable security or anything signed or sealed which may be converted 35
into a valuable security, commits “extortion”.
Illustrations.
(a)
A threatens to publish a defamatory libel concerning Z unless Z gives him money.
He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign 40
and deliver to A a promissory note binding Z to pay certain monies to A. Z sings and delivers the note. A has committed extortion.
(c)
A threatens to send club-men
to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain
produce to B, and thereby
induces
Z to signs and deliver the bond. A has committed
extortion. 45
(d) A, by putting Z in fear of grievous
hurt, dishonestly induces
Z to sign or affix his seal
to a blank paper and deliver it to A. Z signs and delivers the paper to A.
Here, as the paper so signed may be converted into a valuable security. A has
committed extortion.
5 (e) A threatens Z by sending
a message through
an electronic device
that “Your child is in my possession, and will be put to death unless you
send me one lakh rupees.” A thus induces Z to give him money. A has
committed “extortion”.
(2) Whoever commits extortion shall be
punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
10 (3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to
put any person in fear, of any injury, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
(4)
Whoever, in order to
the committing of extortion, puts or attempts to put any person in fear of death or of grievous
hurt to that person or to any other, shall
be punished
15 with imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
(5)
Whoever commits
extortion by putting
any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.
20 (6)
Whoever, in order to the committing of extortion, puts or attempts to put any
person in fear of an accusation, against that person or any other, of having
committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten
years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
25 (7) Whoever commits
extortion by putting
any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable
with death, or with imprisonment for
life, or with imprisonment for a term which may extend to ten years, or of having attempted
to induce any other person to commit such offence,
shall be punished with imprisonment of either description for a term which may extend to ten
30 years, and shall also be liable to fine.
Of
Robbery and Dacoity
307. (1) In all robbery there
is either theft
or extortion.
(2)
Theft is “robbery” if, in order
to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained
by the theft, the
35 offender, for that end voluntarily causes or attempts
to cause to any person
death or hurt or
wrongful restraint, or fear of instant
death or of instant hurt,
or of instant wrongful restraint.
(3)
Extortion is “robbery” if the offender, at the time of committing the extortion, is in the
presence of the person put in fear, and commits the extortion by putting that
person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some
40 other person, and, by so putting in fear, induces the person so put in
fear then and there to deliver up
the thing extorted.
Explanation. —The offender
is said to be present
if he is sufficiently near to put the
other person in fear of instant death, of instant hurt, or of instant wrongful
restraint.
Illustrations
45 (a) A holds
Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without
Z’s consent. Here A has
committed theft, and, in order to the committing of that theft, has
voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
Robbery.
Dacoity.
Robbery, or dacoity,
with attempt to cause death or grievous
hurt.
Attempt to commit robbery or dacoity when armed with
deadly weapon.
(b)
A meets Z on the high
road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in
fear of instant hurt, and being at the time of committing the extortion in his presence.
A has therefore committed
robbery.
(c) A meets
Z and Z’s child on the high road. A takes the child, and threatens to fling it 5
down a precipice, unless
Z delivers his purse. Z, in consequence, delivers his purse. Here A has
extorted the purse
from Z, by causing Z to be in fear of instant
hurt to the child who is
there present. A has therefore
committed robbery on Z.
(d) A obtains property from Z by saying “Your child is in the hands of my gang, and will
be put to death unless
you send us ten thousand rupees”.
This is extortion, and punishable 10
as such:
but it is not robbery,
unless Z is put
in fear of the instant
death of his child.
(2)
Whoever
commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway
between sunset and sunrise, the imprisonment may be extended
to fourteen
years. 15
(3)
Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven
years, and shall also be liable to fine.
(4)
If any person, in committing or in attempting to commit robbery,
voluntarily causes hurt, such
person, and any other person jointly concerned in committing or attempting to
commit such robbery, shall be punished with imprisonment for life, or with rigorous 20
imprisonment for a term which
may extend to ten years,
and shall also be liable
to fine.
308.
(1) When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or
attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or
more, every person so committing, attempting or aiding,
is said to commit “dacoity”. 25
(2)
Whoever commits
dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
(3)
If any one of five or
more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished
with death, 30
or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine.
(4)
Whoever makes any
preparation for committing dacoity, shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine. 35
(5)
Whoever is one of five or more persons
assembled for the purpose of committing
dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years,
and shall also be liable to fine.
(6)
Whoever belongs to a
gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment 40
for a term which may extend to ten years,
and shall also be liable to fine.
309.
If, at the time of
committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous
hurt to any person, or attempts to cause death
or grievous hurt to any person, the imprisonment with
which such offender shall be punished shall not be
less than seven years. 45
310.
If, at the time of attempting to commit robbery
or dacoity, the offender is armed
with
any deadly weapon, the imprisonment with which such offender shall be punished shall not
be less than seven years.
311.
Whoever belongs to
any gang of persons associated in habitually committing theft or robbery,
and not being a gang of dacoits, shall be punished with rigorous imprisonment
for a term which may extend to seven years, and shall also be liable to
fine.
Of Criminal misappropriation of property.
5 312. Whoever dishonestly misappropriates or converts to his own use any
movable property,
shall be punished with imprisonment of either description for a term which
shall not be less than six months
but which may extend to two years and with fine.
Illustrations.
(a)
A takes property
belonging to Z out of Z’s
possession, in good faith believing at
10 the time when he takes it, that the property belongs
to himself. A is not guilty of theft; but if
A, after discovering his mistake,
dishonestly appropriates the property to his own use, he is
guilty of an offence under this section.
(b)
A, being
on friendly terms
with Z, goes into Z’s library in Z’s absence,
and takes away a book without Z’s express consent.
Here, if A was under the impression that he had Z’s
15 implied consent
to take the book for the purpose
of reading it, A has not committed theft. But, if A afterwards
sells the book for his own benefit, he is guilty of an offence under this section.
(c)
A and B, being, joint owners of a horse. A takes
the horse out of B’s possession, intending to use it. Here, as A has a right to
use the horse, he does not dishonestly misappropriate it. But, if A sells the horse
and appropriates the whole proceeds
to his own
20 use, he is guilty of an offence under this section.
Explanation 1.—A dishonest misappropriation for a time only is a misappropriation within the meaning of
this section.
Punishment
for belonging to gang of robbers,
dacoits, etc.
Dishonest
misappropria- tion of
property.
Illustration.
A finds a Government promissory note belonging to Z, bearing
a blank endorsement.
25 A, knowing that the note belongs to Z, pledges
it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section.
Explanation 2.—A person who finds property not in the possession of
any other person, and takes such property
for the purpose of protecting it for, or of restoring
it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence;
but he
30 is guilty
of the offence above defined,
if he appropriates it to his own use, when he knows or
has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property
a reasonable time to enable the owner to claim
it.
What are reasonable means or what is a reasonable time in such a case, is a question
35 of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular person
is the owner of it; it is sufficient if, at the time of appropriating it, he
does not believe it to be his own property,
or in good faith believe
that the real owner cannot be found.
40 Illustrations.
(a)
A finds a rupee on the high road, not knowing
to whom the rupee belongs,
A picks up the rupee. Here A has
not committed the offence defined in this section.
(b)
A finds a letter on the road, containing a bank note. From the direction and contents
of the letter
he learns to whom the note belongs.
He appropriates the note. He is guilty
of an
45 offence under this section.
(c)
A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque,
appears. A
Dishonest
misappropria- tion of
property possessed
by deceased person at the time of his
death.
Criminal breach of trust.
knows that this person can direct him to the person in whose favour the cheque was drawn.
A appropriates the cheque without attempting to discover the owner. He is
guilty of an offence under this section.
(d)
A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence
under this section.
(e)
A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs
to Z, and appropriates it to his own use. A is guilty of an offence
under this section.
(f)
A finds a valuable
ring, not knowing
to whom it belongs. A sells it immediately
without attempting to discover the owner. A is
guilty of an offence under this section.
313.
Whoever dishonestly
misappropriates or converts to his own use any property, knowing that such
property was in the possession of a deceased person at the time of that
person’s decease, and has not since been in the possession of any person legally entitled
to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender
at the time of such person’s
decease was employed by him as a clerk or servant, the imprisonment may extend
to seven years.
Illustration.
Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person
entitled to such possession, dishonestly misappropriates it. A
has committed the offence defined in this section.
Of Criminal breach
of trust
314.
(1) Whoever, being in any manner entrusted with property, or with any dominion over
property, dishonestly misappropriates or converts to his own use that property,
or dishonestly uses or disposes of that property
in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied,
which he has made touching
the discharge of such trust,
or wilfully suffers
any other person so to do, commits “criminal breach
of trust”.
Explanation
1.—A person, being an employer
of an establishment whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 or not who deducts
the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family
Pension Fund established by any law for
the time being in force, shall be deemed to have been entrusted with the amount
of the contribution so deducted by him and if he makes default in the payment of such contribution
to the said Fund in violation of the said law, shall be deemed to have
dishonestly used the amount of the said contribution in violation of a direction
of law as aforesaid.
Explanation 2.—A person,
being an employer, who deducts the employees’ contribution from the wages
payable to the employee for credit to the Employees’ State Insurance Fund held
and administered by the Employees’ State Insurance Corporation established under the Employees’ State Insurance Act, 1948 shall be deemed to have been
entrusted with the amount of the contribution so deducted by him and if he makes default
in the payment of such contribution to the said Fund in violation of the
said Act, shall be deemed to have dishonestly used the amount of the said
contribution in violation of a direction of law as aforesaid.
Illustrations.
(a)
A, being executor to
the will of a deceased person, dishonestly disobeys the law which directs him
to divide the effects according to the will, and appropriates them to his own
use. A has committed criminal breach of trust.
5
10
15
20
25
30
19 of 1952.
35
40
34 of 1948.
45
(b)
A is a warehouse-keeper Z going on a journey,
entrusts his furniture
to A, under a contract that
it shall be returned on payment of a stipulated sum for warehouse room. A
dishonestly sells the goods. A has
committed criminal breach of trust.
(c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied
5 contract between
A and Z, that all sums remitted
by Z to A shall be invested
by A, according to Z’s
direction. Z remits a lakh of rupees to A,
with directions to A to invest the same in Company’s paper.
A dishonestly disobeys
the directions and employs the money in his own business. A has committed criminal
breach of trust.
(d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be
10 more for Z’s advantage to hold shares in the Bank of Bengal, disobeys
Z’s directions, and buys shares
in the Bank of Bengal,
for Z, instead of buying
Company’s paper, here,
though Z should suffer loss, and should be entitled to bring a civil
action against A, on account of that
loss, yet A, not having acted dishonestly, has not committed criminal breach of
trust.
15 (e) A, a revenue-officer, is entrusted with public money and
is either directed by law, or bound by a contract,
express or implied,
with the Government, to pay into a certain
treasury all the public
money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A
20 dishonestly
misappropriates the property. A has committed criminal breach of trust.
(2)
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
(3)
Whoever, being
entrusted with property as a carrier, wharfinger or warehouse- keeper, commits
criminal breach of trust in respect of such property,
shall be punished
with
25 imprisonment of either
description for a term which may extend
to seven years,
and shall also be liable to fine.
(4)
Whoever, being
a clerk or servant or employed as a clerk
or servant, and being in any
manner entrusted in such capacity
with property, or with any dominion over property,
commits criminal breach
of trust in respect of that property, shall be punished
with
30 imprisonment of either
description for a term which may extend
to seven years,
and shall also be liable to fine.
(5)
Whoever, being in any manner entrusted with property, or with any dominion over
property in his capacity of a public servant or
in the way of his business as a banker, merchant, factor, broker, attorney or agent commits criminal breach of trust in respect of that
35 property, shall be punished with 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.
Of
the Receiving of stolen property
315.
(1) Property, the possession whereof
has been transferred by theft or extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of
40 which criminal breach of trust has been committed, is designated as
“stolen property”, whether the
transfer has been made, or the misappropriation or breach of trust has been
committed, within or without India, but, if such property subsequently comes
into the possession of a person legally
entitled to the possession thereof,
it then ceases
to be stolen property.
45 (2) Whoever dishonestly receives
or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall
be punished with imprisonment of either description for a term which may extend to three years,
or with fine,
or with both.
(3)
Whoever dishonestly
receives or retains any stolen property, the possession whereof he knows or has reason to believe
to have been transferred by the commission of
Stolen
property.
dacoity, or dishonestly receives
from a person, whom he knows or has reason to believe
to belong or to have belonged
to a gang of dacoits,
property which he knows or has reason
to believe to have been stolen,
shall be punished
with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
(4) Whoever habitually receives or deals in property
which he knows or has reason to 5
believe to be stolen property, shall be punished with 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.
(5) Whoever voluntarily assists in concealing or disposing of or
making away with property which he knows or has reason to believe to be stolen
property, shall be punished with imprisonment of either description for a term which may extend to three years,
or with 10
fine, or with both.
Cheating.
Of Cheating
316.
(1) Whoever, by deceiving any person, fraudulently or dishonestly
induces the person so deceived
to deliver any property to any person,
or to consent that any person
shall retain any property, or intentionally induces
the person so deceived to do or omit to do 15 anything which he would not do or omit if he were not so deceived, and which act or
omission causes or is likely
to cause damage
or harm to that person
in body, mind,
reputation
or property, is said to “cheat”.
Explanation.—A dishonest concealment of facts is
a
deception within
the
meaning of
this section. 20
Illustrations.
(a)
A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him
have on credit goods for which he does not mean to pay. A cheats.
(b)
A, by putting
a counterfeit mark on an article, intentionally deceives Z into a 25
belief that this article
was made by a certain
celebrated manufacturer, and thus dishonestly induces Z to buy and pay for
the article. A cheats.
(c)
A, by exhibiting to Z
a false sample of an article intentionally deceives Z into believing that the article
corresponds with the sample, and thereby dishonestly induces Z to
buy and pay for the article. A cheats. 30
(d)
A, by tendering in payment for an article
a bill on a house with which A keeps no
money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby
dishonestly induces Z to deliver
the article, intending not to pay for it. A cheats.
(e)
A, by pledging as
diamond articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces
Z to lend money. A cheats. 35
(f)
A intentionally deceives Z into a belief that A means to repay any money that Z
may lend to him and thereby dishonestly induces Z to lend him money, A not intending
to repay it. A cheats.
(g)
A intentionally
deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces 40
Z to advance money upon the faith
of such delivery. A cheats; but if A, at the time of obtaining the money, intends
to deliver the indigo plant,
and afterwards breaks
his contract and does not
deliver it, he does not cheat, but is liable only to a civil action for breach
of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract 45
made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys
an estate to B. A, knowing that in consequence of such sale he
has no right to the property, sells or mortgages
the same to Z, without
disclosing the fact of the previous sale and conveyance
to B, and receives the purchase or mortgage money from Z. A cheats.
5 (2) Whoever cheats shall be
punished with imprisonment of either description for a term which may extend to three years, or with fine, or
with both.
(3)
Whoever cheats with
the knowledge that he is likely thereby to cause wrongful loss to a person
whose interest in the transaction to which the cheating relates, he was bound, either
by law, or by a legal contract, to protect, shall
be punished with imprisonment
10
of either
description for a term which may extend
to five years, or with fine, or with both.
(4)
Whoever cheats and
thereby dishonestly induces the person deceived to deliver any property
to any person, or to make, alter
or destroy the whole or any part of a valuable
security, or anything which is signed or sealed, and which is capable of being converted into a valuable
security, shall be punished with imprisonment of either description for a term
15
which may extend to seven years,
and shall also be liable to fine.
317.
(1) A person is said to “cheat by personation”
if he cheats by pretending to be some other person,
or by knowingly substituting one person for or another,
or representing that he or
any other person is a person other than he or such other person really is.
Explanation. —The offence is committed whether
the individual personated is a real
20 or imaginary person.
Illustrations.
(a)
A cheats
by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
25 (2) Whoever cheats by personation shall be punished
with imprisonment of either description for a term which may extend to five years,
or with fine,
or with both.
Of fraudulent deeds and dispositions of property
318.
Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person,
without adequate consideration, any
30 property, intending thereby
to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according
to law among his creditors
or the creditors of any other person, shall be punished with
imprisonment of either description for a term which shall not be less than six
months but which may extend to two years, or with fine, or with both.
35 319. Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debt or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or
with both.
320. Whoever dishonestly or fraudulently
signs, executes or becomes
a party to any
40 deed or instrument which purports to transfer or subject to any charge,
any property, or any
interest therein, and which contains any false statement relating to the
consideration for such transfer or charge, or relating to the person or persons
for whose use or benefit it is really intended to operate, shall be punished
with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
Cheating by personation.
Dishonest or fraudulent
removal or
concealment of property
to prevent distribution
among creditors.
Dishonestly or fraudulently
preventing debt being available
for creditors.
Dishonest or fraudulent execution
of deed of transfer containing false statement of
consideration.
Dishonest or fraudulent
removal or
concealment
of property.
Mischief.
321.
Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or
fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is
entitled, shall be punished with imprisonment of either description for a term which may extend to three years, or with
fine, or with both. 5
Of Mischief
322.
(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public
or to any person, causes
the destruction of any property, or any such change
in any property or in the situation thereof as destroys
or diminishes its value or
utility, or affects it injuriously, commits “mischief”. 10
Explanation
1.—It is not essential to the offence
of mischief that the offender
should intend to cause loss or damage to the owner of the property
injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful
loss or damage to any person by injuring any property, whether it
belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property
belonging 15
to the person who commits the act, or to that
person and others jointly.
Illustrations.
(a)
A voluntarily burns a valuable security belonging to Z intending to cause wrongful
loss to Z. A
has committed mischief.
(b) A introduces water in to an ice-house
belonging to Z and thus causes the ice to 20
melt, intending wrongful loss to Z. A has committed mischief.
(c)
A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
(d)
A, knowing that his
effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention
of thereby preventing
Z 25
from obtaining satisfaction of the debt,
and of thus causing damage
to Z. A has committed mischief.
(e)
A having insured a
ship, voluntarily causes the same to be cast away, with the intention of
causing damage to the underwriters. A has committed mischief.
(f) A cause
a ship to be cast away, intending thereby to cause damage to Z who has lent 30
money on bottomry
on the ship. A has committed mischief.
(g)
A, having joint property
with Z in a horse, shoots the horse, intending
thereby to cause wrongful loss
to Z. A has committed mischief.
(h) Acausescattle to enter upon a field belonging to Z, intending to cause and knowing
that he is likely to cause damage
to Z’s crop. A has committed mischief. 35
(2) Whoever commits mischief shall be punished with imprisonment of either description
for a term which may extend to six months,
or with fine, or with both.
(3) Whoever commits mischief and thereby causes loss or damage to
any property including the property of Government or Local Authority shall be punished with imprisonment
of either description for a term which may extend to one year, or with fine, or with both. 40
(4) Whoever commits mischief and thereby causes loss or damage to
the amount of twenty thousand rupees and more
but less than one lakh rupees shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with
both.
(5) Whoever commits mischief and thereby causes loss or damage to the amount of 45
one lakh rupees or upwards, shall be punished
with imprisonment of either description for a term which
may extend to five years,
or with fine,
or with both.
(6) Whoever commits mischief, having made preparation for causing to
any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be
punished with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.
5 323. Whoever commits mischief
by killing, poisoning, maiming or rendering
useless any animal shall be punished
with imprisonment of either description for a term which may extend to five years, or with fine, or
with both.
324. Whoever commits
mischief by,––––
(a)
doing
any act which causes, or which he knows to be likely to cause, a
10 diminution
of the supply of water for agricultural purposes, or for food or drink for
human beings or for animals
which are property,
or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which
may extend to five years, or with fine, or with both;
(b) doing any act which renders or which he knows to be likely to render any
15 public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with
both;
(c)
doing
any act which causes or which he knows to be likely to cause an
20 inundation
or an obstruction to any public drainage
attended with injury
or damage, shall be punished
with imprisonment of either description for a term which may extend
to five years, or with fine, or with both;
(d)
destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any
25 such sign or signal less useful as a guide for navigators, shall be
punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both;
(e)
destroying or moving any land-mark fixed by the authority of a public servant,
or by any act which renders such land-mark less useful as such, shall be punished with
30 imprisonment of either description for a term which may extend to one year, or with fine, or with both;
(f)
fire or any explosive substance intending to cause, or knowing it to be likely
that he will thereby cause, damage to any property including agricultural
produce, shall be punished with imprisonment of either description for a term which may extend
35 to seven years
and shall also be liable to fine;
(g)
fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building
which is ordinarily used as a place of
worship or as a human dwelling or as a place for the custody of property, shall be punished
with imprisonment for life, or with imprisonment of either description
40 for a term which may extend to ten years,
and shall also be liable to fine.
325.
(1) Whoever commits mischief to any rail, aircraft, or a decked
vessel or any vessel of a burden of twenty tons or upwards, intending to
destroy or render unsafe, or knowing it to be likely that he will thereby
destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may
45
extend to ten years,
and shall also be liable
to fine.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described
in sub-section (1), shall
be punished with 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.
Mischief by killing
or
maiming animal.
Mischief by injury, inundation, fire or explosive
substance, etc.
Mischief with intent to destroy
or make unsafe a rail, aircraft, decked vessel or one of
twenty tons burden.
Punishment for intentionally running vessel aground
or ashore with
intent to
commit theft, etc.
Criminal trespass and house-trespass.
House-trespass and house- breaking.
326.
Whoever intentionally
runs any vessel aground or ashore, intending to commit theft of any property
contained therein or to dishonestly misappropriate any such property,
or with intent that such theft or misappropriation of property may be
committed, shall be punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine. 5
Of criminal trespass
327.
(1) Whoever enters into or upon property
in the possession of another
with intent to commit an offence or to intimidate, insult or annoy any person in possession
of such property or having lawfully entered into or upon such property,
unlawfully remains there with intent
thereby to intimidate, insult or annoy any such person or with intent to 10
commit an offenceis said to commit “criminal trespass”.
(2) Whoever commits criminal
trespass by entering
into or remaining
in any building, tent or vessel
used as a human dwelling
or any building used as a place
for worship, or as a place for the custody of property, is
said to commit “house-trespass”.
Explanation.—The introduction of any part of the criminal trespasser’s body is entering 15
sufficient to constitute house-trespass.
(3) Whoever commits criminal trespass 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 thousand rupees, or with both.
(4) Whoever commits house-trespass
shall be punished with imprisonment
of either 20
description
for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
328.
(1) Whoever commits house-trespass having taken precautions to
conceal such house-trespass from some person who has a right to exclude or
eject the trespasser from the building, tent or vessel which is the subject of the trespass,
is said to commit “lurking
house- 25
trespass”.
(2) A person is said to commit “house-breaking”
who commits house-trespass if he effects his entrance into the house or any
part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence,
or having committed an offence therein,
he quits the house or any part of it in any of 30
following ways, namely:––
(a)
if he enters or quits through
a passage made by himself,
or by any abettor of the house-trespass, in order to the
committing of the house-trespass;
(b)
if he enters or quits
through any passage not intended by any person, other than himself or an abettor
of the offence, for human entrance; or through any passage 35
to which he has obtained
access by scaling
or climbing over any wall or building;
(c)
if he enters or quits through
any passage which
he or any abettor of the
house-trespass has opened, in order to the committing of the house-trespass by
any means by which that passage was not intended by the occupier of the house
to be opened; 40
(d)
if he enters or quits
by opening any lock in order to the committing of the house-trespass, or in
order to the quitting of the house after a house-trespass;
(e)
if he effects his entrance or departure by using criminal
force or committing an assault, or by threatening
any person with assault;
(f) if he enters or quits by any passage
which he knows to have been fastened 45
against such entrance
or departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation.—Any out-house or building occupied
with a house, and between
which and such house there is an immediate internal communication, is part of the house within the meaning
of this section.
Illustrations.
5 (a) A commits
house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is
house-breaking.
(b)
A commits house-trespass by creeping into a
ship at a port-hole between decks. This is house-breaking.
(c) A commits house-trespass by entering Z’s house through a window. This is house-
10 breaking.
(d)
A commits
house-trespass by entering
Z’s house through
the door, having opened
a door which was fastened. This is house-breaking.
(e)
A commits
house-trespass by entering
Z’s house through
the door, having lifted a latch by putting a wire through a hole
in the door. This is house-breaking.
15 (f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house,
having opened the door with that key. This is house-breaking.
(g)
Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering
the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by
20 entering the house, having deterred
Z from opposing him by threatening to beat him. This is house-breaking.
329.
(1) Whoever commits lurking
house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years,
and shall also be liable to
fine.
25 (2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine.
(3) Whoever commits lurking house-trespass or house-breaking, in
order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment
30 of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence intended
to be committed is theft,
the term of the imprisonment may be extended to ten years.
(4) Whoever commits lurking house-trespass or house-breaking
after sunset and before
sunrise, in order to the committing of any
offence punishable with imprisonment,
shall be
35 punished with imprisonment of either description for a term which may extend to five years, and shall also be liable
to fine; and, if the offence intended
to be committed is theft,
the term of the imprisonment
may be extended to fourteen years.
(5) Whoever commits lurking house-trespass, or house-breaking,
having made preparation for causing
hurt to any person, or for assaulting any person, or for wrongfully
40 restraining any person, or for putting
any person in fear of hurt or of assault
or of wrongful restraint,
shall be punished with imprisonment of either description or a term which may
extend to ten years, and shall also be liable to fine.
(6) Whoever commits lurking house-trespass or house-breaking
after sunset and before
sunrise, having made preparation for causing hurt to any person or for assaulting any
45 person, or for wrongfully restraining any person, or for putting
any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description
for a term which may extend to fourteen years, and shall also be liable
to fine.
Punishment for house-trespass or house- breaking.
House-trespass in order to
commit offence.
House-trespass after preparation for hurt, assault
or wrongful
restraint.
Dishonestly breaking open receptacle
containing
property.
Making a false document.
(7) Whoever, whilst committing lurking house-trespass or
house-breaking, causes grievous hurt to any person or attempts
to cause death or grievous
hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
(8)
If, at the time of the committing of lurking
house-trespass or house-breaking after 5 sunset
and before sunrise,
any person guilty
of such offence
shall voluntarily cause
or attempt to cause death or grievous hurt to any person, every person
jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before
sunrise, shall be punished
with 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. 10
330. Whoever commits
house-trespass in order to the committing of any offence––
(a) punishable with death,
shall be punished
with imprisonment for life, or with
rigorous imprisonment for a term not exceeding
ten years, and shall also be liable to
fine;
(b) punishable with imprisonment for life, shall be punished with
imprisonment 15
of either description for a term not exceeding ten years, and shall also be liable to fine;
(c) punishable with imprisonment, shall be punished with
imprisonment of either description for a term which may extend to two years,
and shall also be liable to fine:
Provided that if the offence intended
to be committed is theft, the term of the imprisonment may be extended to seven years. 20
331.
Whoever commits
house-trespass, having made preparation for causing hurt to
any person or for assaulting any person, or for wrongfully restraining any
person, or for putting any person in fear of hurt, or of assault, or of wrongful
restraint, shall be punished
with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine. 25
332.
(1) Whoever dishonestly or with intent to commit mischief, breaks
open or unfastens any closed receptacle which contains or which he believes to
contain property, shall be punished with
imprisonment of either description for a term which may extend to two years,
or with fine, or with both.
(2) Whoever,
being entrusted with any closed
receptacle which contains
or which he 30
believes to contain property, without having authority to open the same, dishonestly, or with intent to commit
mischief, breaks open or unfastens that receptacle, shall
be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with
both.
CHAPTER XVIII 35
Of offences relating to documents and
to property marks
333. A person
is said to make a false document
or false electronic record—
(A) Who dishonestly or fraudulently—
(i) makes, signs,
seals or executes
a document or part of a document;
(ii)
makes or transmits any electronic record or part of any electronic 40
record;
(iii) affixes any electronic signature on any electronic record;
(iv) makes any mark denoting the execution of a document
or the authenticity of the
electronic signature,
with the intention
of causing it to be believed that such document
or part of document, 45
electronic record or electronic signature was made, signed,
sealed, executed, transmitted or
affixed by or by the authority of a person
by whom or by whose
authority he knows
that it was not made, signed,
sealed, executed or affixed; or
(B)
Who without
lawful authority, dishonestly or fraudulently, by cancellation
or otherwise, alters a document
or an electronic record in any material
part thereof,
5 after it has been made, executed or affixed with electronic signature either by himself or by
any other person, whether such person be living or dead at the time of such
alteration; or
(C)
Who dishonestly or fraudulently causes
any person to sign, seal,
execute or alter a document or an electronic record or to affix his electronic signature
on any
10 electronic record knowing that such person by reason of mental illness or intoxication cannot, or that by reason of deception
practised upon him, he does not know the contents of the document or electronic
record or the nature of the alteration.
Illustrations.
(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud
15 B, adds cipher to the 10,000, and makes the sum 1,00,000
intending that it may be believed by B that Z so wrote the letter. A has committed
forgery.
(b)
A,
without Z’s authority, affixes Z’s seal to a document purporting to be a
conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has
committed forgery.
20 (c) A picks up a cheque
on a banker signed by B, payable
to bearer, but without any sum
having been inserted
in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.
(d)
A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten
25 thousand rupees for the purpose of making certain
payments. B fraudulently fills up the cheque by inserting the sum of twenty
thousand rupees. B commits forgery.
(e)
A draws a bill of exchange on himself in the
name of B without B’s authority, intending to discount
it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to
30 suppose that he had the security of B, and thereby to discount the bill, A is guilty
of forgery.
(f)
Z’s will contains these
words—“I direct that all my remaining property
be equally divided
between A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed
that the whole was left to himself and C. A has committed forgery.
(g) A endorses
a Government promissory note and makes it payable
to Z or his order
35 by writing on the bill the words “Pay to Z or his order” and signing the
endorsement. B dishonestly erases
the words “Pay to Z or his order”, and thereby converts the special endorsement
into a blank endorsement. B commits forgery.
(h)
A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the
40 conveyance to Z, intending it to be believed that he had conveyed the estate to B before he
conveyed it to Z. A has committed
forgery.
(i)
Z dictates his will to A. A intentionally writes down a different legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.
45 (j) A writes a letter and signs it with B’s name without B’s
authority, certifying that A is a man of good character and in distressed
circumstances from unforeseen misfortune, intending by means of such letter
to obtain alms from Z and other persons. Here, as A made
a false document in order to induce Z to part with property, A has
committed forgery.
Forgery.
(k) A without B’s authority writes a letter and
signs it in B’s name certifying to A’s
character, intending thereby
to obtain employment under Z. A has committed
forgery in as much
as he intended to deceive
Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract
for service.
Explanation 1.—A man’s signature of his own name may amount to forgery.
Illustrations.
(a)
A signs
his own name to a bill of exchange, intending that it may be believed
that the bill was drawn by another person of the same name. A has
committed forgery.
(b)
A writes the word “accepted” on a piece of
paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and
negotiate the bill as though it had been accepted by Z. A is guilty of forgery;
and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.
(c)
A picks up a bill of exchange payable
to the order of a different person
of the same name. A endorses the bill in his own name,
intending to cause it to be believed that it was endorsed by the person to
whose order it was payable; here A has committed forgery.
(d)
A purchases an estate
sold under execution of a decree against B. B, after the seizure of the estate,
in collusion with Z, executes
a lease of the estate,
to Z at a nominal
rent and for a long period and dates the lease six months prior to the
seizure, with intent to defraud A,
and to cause it to be believed that the lease was granted before the seizure.
B, though he executes the lease in his own name, commits forgery by antedating
it.
(e)
A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud
his creditors; and in order to give a colour to the transaction, writes a
promissory note binding himself to pay to B a sum for value received, and
antedates the note, intending that it may be believed to have been made before
A was on the point of insolvency. A has committed forgery under the first head
of the definition.
Explanation 2.—The making of a false document in the name of a
fictious person, intending it to be believed
that the document
was made by a real person, or in the name of a
deceased person, intending it to be believed that the document was made by the
person in his lifetime, may amount to forgery.
Illustration.
A draws
a bill of exchange upon a fictious
person, and fraudulently accepts the bill in
the name of such fictitious person with intent to negotiate it. A commits
forgery.
Explanation
3.—For the purposes of this section,
the expression “affixing electronic signature” shall have the meaning
assigned to it in clause
(d) of sub-section (1) of section 2 of the Information Technology Act,
2000.
334.
(1) Whoever makes any false document or false electronic record or
part of a document or electronic record, with intent to cause damage or injury, to the public or to any
person, or to support any claim or title, or to cause any person to part with
property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits
forgery.
(2)
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years,
or with fine,
or with both.
(3)
Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of
cheating, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
5
10
15
20
25
30
35
21 of 2000.
40
45
5
10
21 of 2000. 15
20
25
30
35
40
45
50
(4)
Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely 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.
335. Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court or an identity document
issued by Government including voter
identity card or Aadhaar Card, or a register of birth, marriage
or burial, or a register
kept by a public servant as
such, or a certificate or document purporting to be made by a public servant in
his official capacity, or an authority to institute or defend a suit, or to
take any proceedings therein, or to confess
judgment, or a power of attorney, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
Explanation.—For the purposes of this section, “register” includes
any list, data or record of any entries
maintained in the electronic form as defined in clause (r) of sub-section (1) of
section 2 of the Information Technology Act,
2000.
336. Whoever forges a document which purports to be a valuable security
or a will, or an authority
to adopt a son, or which purports to give authority to any person to make or transfer
any valuable security, or to receive the principal, interest or dividends thereon, or to receive
or deliver any money, movable property, or valuable security, or any document
purporting to be an acquaintance or receipt acknowledging the payment of money,
or an acquaintance or receipt
for the delivery of any movable property
or valuable security,
shall be punished with 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.
337. Whoever has in his possession any document or electronic record,
knowing the same to be forged and intending
that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or
electronic record is one of the description mentioned in section 335 of this Sanhita, be punished with imprisonment of either description for a term which may extend to seven years,
and shall also be liable
to fine; and if the document is one
of
the description mentioned in section 336, shall be punished with imprisonment for life, or with
imprisonment of either description, for a term which may extend to seven years,
and shall also be liable to fine.
338. (1) A false
document or electronic record made wholly or in part by forgery is designated
“a forged document or electronic record”.
(2)Whoever fraudulently or dishonestly uses as genuine
any document or electronic
record which he knows or has reason to believe to be a forged document or electronic record,
shall be punished
in the same manner as if he had forged such document or electronic record.
339. (1) Whoever makes or counterfeits any seal, plate or other instrument for making
an impression, intending that the same shall be
used for the purpose of committing any forgery
which would be punishable under section 336 of this Sanhita, or, with such intent,
has in his possession any such seal, plate or other instrument, knowing the same
to be counterfeit, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
(2)
Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery
which would be punishable under any section of this Chapter other than section 336, or, with such
intent, has in his possession any such seal, plate or other instrument, knowing
the same to be counterfeit, shall be punished
with imprisonment of either description for a term which may extend to seven years, and
shall also be liable to fine.
(3)
Whoever possesses any
seal, plate or other instrument knowing the same to be counterfeit, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also
be liable to fine.
Forgery of record of Court or of public register, etc.
Forgery of valuable
security, will, etc.
Having
possession of document described in section 335 or
336, knowing
it to be forged and intending to use it as genuine.
Forged
document or electronic record and using it as genuine.
Making or possessing
counterfeit
seal, etc., with intent to
commit
forgery
punishable
under section 336.
Counterfeiting device or
mark used for authenticating documents described in
section 336, or possessing counterfeit marked
material.
Fraudulent
cancellation, destruction, etc., of will, authority
to adopt, or valuable
security.
Falsification of accounts.
Property mark.
(4)
Whoever fraudulently
or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished
in the same manner as if he had made or counterfeited such seal, plate
or other instrument.
340. (1) Whoever counterfeits upon, or in the substance
of, any material, any device
or mark used for the purpose of authenticating any document described in section 336 of this 5 Sanhita, intending that
such device or mark shall be used for the purpose of giving the appearance of authenticity to any document
then forged or thereafter to be forged on such material, or who, with such intent,
has in his possession any material upon or in the substance
of which any such device or mark has been counterfeited, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which may extend to seven 10
years, and shall
also be liable
to fine.
(2) Whoever counterfeits upon, or in the
substance of, any material, any device or mark used for the purpose of
authenticating any document or electronic record other than the documents
described in section
336 of this Sanhita, intending that such device
or mark
shall be used for the purpose of giving the appearance of authenticity to any document
then 15 forged or thereafter to be forged on such material, or who with such intent,
has in his possession any material
upon or in the substance of which any such device
or mark has been
counterfeited, shall be punished with imprisonment of either description for a
term which may extend to seven years,
and shall also be liable to fine.
341. Whoever fraudulently or dishonestly, or with intent
to cause damage
or injury to 20 the public or
to any person, cancels, destroys or defaces, or attempts to cancel, destroy or
deface, or secretes or attempts to secrete any document which is or purports to
be a will, or
an authority to adopt a son, or any valuable
security, or commits
mischief in respect
of such document, shall be
punished with imprisonment for life, or with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine. 25
342. Whoever, being a clerk, officer
or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies
any book, electronic record, paper, writing, valuable security or account which
belongs to or is in the possession of his employer, or has been received by him
for or on
behalf of his employer, or wilfully, and with intent to defraud,
makes or abets the making of 30
any false entry in, or omits or
alters or abets the omission or alteration of any material particular from or in, any such book, electronic record, paper, writing,
valuable security or account, shall be punished with
imprisonment of either description for a term which may extend to seven years,
or with fine, or with both.
Explanation.– It shall be sufficient in any charge
under this section
to allege a general 35
intent to
defraud without naming any particular person intended to be defrauded or
specifying any particular sum of money intended to be the subject of the fraud,
or any particular day on which the offence was committed.
Of
Property marks
343. (1) A mark used for denoting that movable property belongs to a particular person 40
is called a property mark.
(2) Whoever marks any movable property or goods or any case, package
or other receptacle containing movable
property or goods, or uses any case, package or other
receptacle having any mark thereon, in a manner reasonably calculated to cause
it to be believed
that the property or goods so marked, or any property or goods contained in any 45
such receptacle so marked, belong
to a person to whom they do not belong,
is said to use a false
property mark.
(3) Whoever uses any false property
mark shall, unless
he proves that he acted
without intent to defraud,
be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 50
344. Whoever removes, destroys, defaces or adds to any property mark,
intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished
with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
5 345.
(1) Whoever counterfeits any property mark used by any other person
shall be punished with imprisonment of either description for a term which may extend to two years,
or with fine, or with both.
(2) Whoever counterfeits any property
mark used by a public servant, or any mark used by a public
servant to denote
that any property
has been manufactured by a particular
10 person or at a particular time or place, or that the
property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine
any such mark knowing the same to be counterfeit, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
346. Whoever makes or has in his possession any die, plate or other instrument for the
15 purpose of counterfeiting a property mark,
or has in his possession a property mark for the purpose of denoting that any goods belong to a person to
whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
347.
Whoever sells, or exposes,
or has in possession for sale, any goods or things
20 with a counterfeit
property mark affixed to or impressed upon the same or to or upon any case, package
or other receptacle in which such goods are contained, shall, unless he proves—
(a)
that, having taken all reasonable precautions against committing an offence
against this section, he had at the time of the commission of the alleged
offence no reason to suspect the genuineness of the mark; and
25 (b)
that, on demand made by or on behalf of the prosecutor, he gave all the
information in his power with respect to the persons from whom he obtained such
goods or things; or
(c)
that otherwise he had acted
innocently,
be punished with imprisonment of either description for a term which may extend to one year,
30 or with fine, or with both.
348.
(1) Whoever makes
any false mark upon any case, package
or other receptacle containing goods, in a manner
reasonably calculated to cause any public servant or any other person
to believe that such receptacle contains goods which
it does not contain or that
it does not contain goods which it does contain,
or that the goods contained
in such
35 receptacle are of a nature or quality different from the
real nature or quality thereof, shall, unless
he proves that he acted
without intent to defraud, be punished with imprisonment of either description for a term which
may extend to three years,
or with fine,
or with both.
(2)
Whoever
makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had
40 committed the
offence under sub-section (1).
CHAPTER XIX
Of criminal intimidation, insult, annoyance, defamation, etc.
349.
(1) Whoever threatens by any means, another with any injury to his
person, reputation or property,
or to the person or reputation of any one in whom that person is
45 interested, with intent to cause alarm to that person, or
to cause that person to do any act which he is not legally bound to do, or to
omit to do any act which that person is legally entitled to do, as the means of
avoiding the execution of such threat, commits criminal intimidation.
Tampering
with property
mark with intent
to cause injury.
Counterfeiting a property
mark.
Making or possession of any instru-
ment for
counterfeiting a property
mark.
Selling
goods marked with a counterfeit
property mark.
Making
a false mark upon any receptacle containing goods.
Criminal
intimidation.
Intentional insult with intent to
provoke breach of peace.
Statements conducing to public mischief.
Explanation.—A threat to injure the reputation of any deceased
person in whom the
person threatened is interested, is within this section.
Illustration.
A, for the
purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal
intimidation. 5
(2)
Whoever commits the
offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with
both.
(3)
Whoever commits the offence
of criminal intimidation by treating to cause death
or grievous hurt,
or to cause the destruction of any property by fire, or to cause an offence 10
punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute
unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or
with both.
(4)
Whoever commits the offence
of criminal intimidation by an anonymous 15
communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence under sub-section (1).
350. Whoever intentionally insults in any manner, and thereby gives provocation to 20
any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall
be punished with imprisonment of either description for a term which may extend to two years,
or with fine,
or with both.
351.
(1) Whoever makes, publishes or circulates any statement, false
information, rumour, or report, including through electronic means— 25
(a)
with intent
to cause, or which is likely to cause, any officer, soldier,
sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise
disregard or fail in
his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or
to any section of the public whereby any person may be induced to commit an offence 30
against the State or
against the public tranquility; or
(c)
with intent to incite,
or which is likely to incite, any class or community of persons to commit any offence against
any other class or community,
shall be
punished with imprisonment which may extend to three years, or with fine, or
with both. 35
(2)
Whoever makes,
publishes or circulates any statement or report containing false information, rumour or alarming news,
including through electronic means, with intent
to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language,
caste or community
or any other ground whatsoever, feelings
of enmity, hatred or ill will between different religious, racial, language or regional groups or 40
castes or communities shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(3)
Whoever commits
an offence specified in sub-section (2) in any place
of worship or in any assembly
engaged in the performance of religious worship or religious ceremonies,
shall
be punished with imprisonment which may extend to five years and shall also be liable 45
to fine.
Exception. —It does not amount to an offence, within the meaning
of this section, when the person making, publishing or circulating any such
statement, false information, rumour or report,
has reasonable grounds for believing that such statement, false information,
rumour or report
is true and makes, publishes or circulates it in good faith and without any
5 such intent as aforesaid.
352.
Whoever voluntarily
causes or attempts to cause any person to do anything which that person is not
legally bound to do, or to omit to do anything which he is legally entitled to
do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender
10 an object of Divine displeasure if he does not do the thing which it is
the object of the offender to cause him to do, or if he does the thing which it is the object of the offender
to cause him to omit, shall be
punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
Illustrations.
15 (a) A sits dharna at Z’s door with the intention of causing it to be believed that,
by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.
(b)
A threatens Z that,
unless Z performs a certain act, A will kill one of A’s own children, under
such circumstances that the killing
would be believed
to render Z an object
20 of Divine displeasure. A has committed
the offence defined
in this section.
353. Whoever, in a state of intoxication, appears
in any public place, or in any place
which it is a trespass in him to enter, and there conducts himself in such a manner as to cause
annoyance to any person, shall be punished
with simple imprisonment for a term which may extend to twenty-four hours,
or with fine which may extend to one thousand
rupees, or with
25 both or with community service.
Of Defamation
354. (1) Whoever, by words
either spoken or intended to be read, or by signs or by visible representations, makes or publishes
in any manner, any imputation concerning any person intending
to harm, or knowing or having reason
to believe that such imputation will
30 harm, the reputation of such person, is said, except in
the cases hereinafter excepted, to defame that person.
Explanation 1.—It may amount to
defamation to impute anything to a deceased person, if the imputation would harm the reputation of that
person if living, and is intended to be hurtful to the feelings of his family
or other near relatives.
35 Explanation 2.—It may amount to defamation to make an imputation
concerning a company or an association or collection of persons as such.
Explanation
3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4.—No imputation is said to harm a person’s reputation, unless that
40 imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person,
or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person,
or causes it to be believed that the body of that person is in a loathsome state, or
in a state generally considered as disgraceful.
Illustrations.
45 (a) A says— “Z is an honest man; he never stole B’s watch”; intending
to cause it to
be believed that Z did steal B’s watch. This is defamation, unless it falls
within one of the
exceptions.
(b)
A is asked who stole B’s watch. A points to Z, intending to cause it to be believed
that Z stole B’s watch. This is
defamation, unless it falls within one of the exceptions.
Act caused by inducing
person to
believe that he will be rendered an object of the Divine displeasure.
Misconduct in public
by a
drunken
person.
Defamation.
(c)
A draws
a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within
one of the exceptions.
Exception 1.— It is not defamation to impute anything
which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether
or not it is for the public
good is a question of
fact. 5
Exception 2.— It is not defamation to express in good faith any
opinion whatever respecting the conduct of a public servant in the discharge of
his public functions, or respecting his character, so far as his character
appears in that conduct, and no further.
Exception 3.—
It is not defamation to express in good faith any opinion whatever respecting the conduct
of any person touching any public question, and respecting his 10
character, so
far as his character appears in
that conduct, and no further.
Illustration.
It is not defamation in A to express in good faith
any opinion whatever
respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting
on a public question, in presiding or attending at such meeting,
in forming or joining any 15
society which invites
the public support,
in voting or canvassing for a particular candidate for any situation in the efficient discharge of the
duties of which the public is interested.
Exception 4.––It is not defamation to publish substantially true report of the
proceedings of a Court, or of the result of any such proceedings.
Explanation.—A Magistrate or other officer
holding an enquiry
in open Court 20
preliminary to a trial in a Court, is a Court within the meaning
of the above section.
Exception 5.—It
is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil
or criminal, which has been decided by a Court, or respecting the conduct of any person
as a party, witness or agent, in any such case, or respecting the character of such
person, as far as his character appears in that conduct, and 25
no further.
Illustrations.
(a)
A says— “I think Z’s
evidence on that trial is so contradictory that he must be stupid
or dishonest.” A is within
this exception if he says this in good faith,
inasmuch as the opinion which he expresses respects
Z’s character as it appears
in Z’s conduct as a witness, 30 and no further.
(b)
But if A says— “I do not believe what Z asserted at that trial because I know him to
be a man without veracity”; A is not within this exception, inasmuch
as the opinion which express
of Z’s character, is an opinion not founded on Z’s conduct as a witness.
Exception. 6—It is not defamation to express in good faith any opinion
respecting the 35 merits of any performance which its author has
submitted to the judgment of the public, or respecting the character of the
author so far as his character appears in such performance,
and no further.
Explanation.—A performance may be submitted to the judgment of the public expressly
or by acts on the part of the author which imply such submission to the judgment
of the 40
public.
Illustrations.
(a) A person
who publishes a book, submits
that book to the judgment
of the public.
(b)
A person
who makes a speech in public, submits
that speech to the judgment
of the public. 45
(c)
An actor or singer who appears
on a public stage, submits
his acting or singing to the judgment of the public.
(d)
A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind.” A is within the exception, if he says this
in good faith, inasmuch as the opinion
which he expresses
of Z respects Z’s character
only so far as it appears in Z’s book, and no further.
5 (e) But if A says “I am not surprised that Z’s book is foolish
and indecent, for he is a
weak man and a libertine.” A is not within this exception, inasmuch
as the opinion which he expresses of Z’s character is an
opinion not founded on Z’s book.
Exception
7.—It is not defamation in a
person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in
10
good faith any censure
on the conduct of that other in matters to which such lawful authority relates.
Illustration.
A Judge censuring in good faith the conduct
of a witness, or of an officer
of the Court; a head of a department
censuring in good faith those who are under his orders, a parent
15 censuring in good faith a child in the presence of other
children; a schoolmaster, whose authority is derived from a parent, censuring
in good faith a pupil in the presence of other pupils; a master censuring
a servant in good faith for remissness in service; a banker censuring
in good faith the cashier of his bank for the conduct of such cashier as
such cashier- are within this exception.
20 Exception 8.—It is not defamation to prefer in good faith an accusation against any
person to any of those who have
lawful authority over that person with respect to the subject-matter of
accusation.
Illustration.
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the
25 conduct of Z, a servant, to Z’s master; if A in
good faith complains of the conduct of Z, a child, to Z’s father-A is within this exception.
Exception 9.— It is not defamation to make an imputation on the character
of another provided that the imputation be made in good faith
for the protection of the interests of the person making
it, or of any other person, or for the public good.
30 Illustrations.
(a)
A, a shopkeeper, says to B, who manages
his business—“Sell nothing
to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he
has made this imputation on Z in good faith for the protection of his own
interests.
(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation
35 on the character of Z. Here,
if the imputation is made in good faith, and for the public good, A is within the exception.
Exception 10.— It is not defamation to convey a caution, in good faith, to one person
against another, provided
that such caution
be intended for the good of the person to whom
it is conveyed, or of some person in whom that person is interested, or for the public good.
40 (2) Whoever
defames another shall
be punished with simple imprisonment for a term which may extend to two years,
or with fine,
or with both or with community service.
(3)
Whoever prints
or engraves any matter, knowing
or having good reason to believe
that
such matter is defamatory of any person, shall be punished with simple imprisonment for a
term which may extend to two years, or with fine, or with both.
45 (4)
Whoever sells or offers for sale any printed or engraved substance containing
defamatory matter, knowing that it contains such matter, shall be punished with
simple imprisonment for a term which
may extend to two years,
or with fine,
or with both.
Breach of contract to
attend on and supply wants of helpless
person.
Repeal
and savings.
Of breach of contract to attend on and supply wants of helpless person.
355. Whoever, being bound
by a lawful contract to attend on or to supply the wants
of any person who, by reason of youth, or of mental illness, or of a disease or
bodily weakness, is helpless
or incapable of providing for his own safety or of supplying
his own wants, voluntarily omits so to do, shall be punished
with imprisonment of either description for a term which may extend to three months,
or with fine which may extend to five thousand
rupees, or with both.
356.
(1) The Indian Penal Code is hereby repealed.
(2)
Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect,—
(a)
the previous
operation of the Code so repealed or anything duly done or suffered thereunder; or
(b)
any right, privilege,
obligation or liability acquired, accrued or incurred under the Code so
repealed; or
(c)
any penalty,
or punishment incurred
in respect of any offences
committed against the Code so repealed; or
(d) any investigation or remedy in respect of any such penalty, or punishment; or
(e)
any proceeding, investigation or remedy
in respect of any such penalty or punishment as aforesaid, and any such
proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed
as if that Code had not
been repealed.
(3)
Notwithstanding such
repeal, anything done or any action taken under the said Code shall be deemed
to have been done or taken under the corresponding provisions of this Sanhita.
(4)
The mention of particular matters in sub-section (2) shall not be held to prejudice or
affect the
general application of section 6 of the General Clauses Act,1897 with regard to the effect of the repeal.
5
45 of 1860.
10
15
20
25
10 of 1897.
STATEMENT OF OBJECTS AND REASONS
In the year 1834, the first Indian Law Commission was constituted under the Chairman- ship of Lord Thomas Babington Macaulay to examine the jurisdiction, power and rules of the existing Courts as well as the police establishments and
the laws in force in India.
2.
The Commission
suggested various enactments to the Government. One of the important
recommendations made by the Commission was on, Indian Penal Code which was enacted in 1860 and the said Code is still continuing in the country
with some amendments made thereto from time to
time.
3.
The Government of
India considered it expedient and necessary to review the existing
criminal laws with an aim to strengthen law and order and also focus on simplifying
legal procedure so that ease of living is ensured
to the common man. The Government also considered to make existing laws relevant to the contemporary situation and provide speedy
justice to common
man. Accordingly, various
stakeholders were consulted
keeping in mind contemporary needs and aspirations of the people
and with a view to create a legal structure which is citizen centric and to
secure life and liberty of the citizens.
4.
Now, it is proposed
to enact a new law, namely, the Bharatiya Nyaya
Sanhita Bill, 2023 by repealing the Indian Penal
Code to streamline provisions relating to offences and penalties. It is proposed
to provide first
time community service
as one of the punishments for petty offences. The offences against
women and children,
murder and offences
against the State have been given precedence. The various offences have been made gender neutral.
In order to deal effectively with the problem of organised crimes and terrorist activities, new offences
of terrorist acts and organised crime have been added in the Bill with
deterrent punishments. A new offence
on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added. The fines and punishment for
various offences have also been suitably enhanced.
5.
The
Notes on Clauses
explains the various
provisions of the Bill.
6.
The
Bill seeks to achieve the above objectives.
NEW DELHI; AMIT SHAH.
The 9th August, 2023.
103
Notes on Clauses
Clause 1 of the Bill seeks to provide
short title, commencement and application of the
proposed legislation.
Clause 2 of the Bill seeks to define certain words and expressions used in the proposed legislation such as act, omission, counterfeit,
dishonestly, gender, good faith, offence, voluntarily, etc.
Clause 3 of the Bill seeks to provide general explanations and expressions enumerated in the proposed
legislation subject to the exceptions contained in the "General Exceptions", Chapter.
Clause 4 of the Bill seeks to provide punishments for various offences provided under the provisions of the proposed Bill.
Clause
5 of the Bill seeks to
empower the appropriate Government to commute the sentence of death or
imprisonment for life.
Clause 6 of the Bill seeks to provide fractions of terms of punishment of imprisonment for life as
equivalent to twenty years unless otherwise provided.
Clause 7 of the Bill seeks to provide for sentence which may be either wholly or partly rigorous or simple.
Clause 8 of the Bill seeks to provide for amount of fine in default of payment of fine and imprisonment in default of payment of fine.
Clause 9 of the Bill seeks to provide for the limit of punishment for several offences.
Clause 10 of the Bill seeks
to provide for lowest punishment provided for an offence
where it is doubtful among the
commission of several offences.
Clause 11 of the Bill seeks to provide the power to court for solitary confinement.
Clause 12 of the Bill seeks to provide for limit of solitary confinement in certain cases.
Clause 13 of the Bill seeks
to provide for enhanced punishment for certain offences after previous conviction.
Clause 14 of the Bill seeks to exempt a person who acts by mistake
of fact and not by mistake of law in good faith believing
himself to be bound by law to do it.
Clause 15 of the Bill seeks to provide
that 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.
Clause 16 of the Bill seeks to exempt
a person from an offence
when acting under a
judgment or order notwithstanding that the Court 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.
Clause 17 of the Bill seeks to provide
that nothing is an offence
which is done by any person who is justified
by law, or who by reason of a mistake
of fact and not by reason of a
mistake of law in good faith, believes
himself to be justified by law, in doing it.
Clause 18 of the Bill seeks to provide that 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.
104
Clause 19 of the Bill seeks to provide that nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause
harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding
other harm to person or property.
Clause 20 of the Bill seeks to provide
that nothing is an offence
which is done by a child under seven years of age.
Clause 21 of the Bill seeks to provide
that 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.
Clause 22 of the Bill seeks to provide
that nothing is an offence
which is done by a person
who, at the time of doing it, by reason
of mental illness,
is incapable of knowing the nature of the act, or that he is
doing what is either wrong or contrary to law.
Clause 23 of the Bill seeks to provide
that nothing is an offence
which is done by a person
under intoxication unless
that the thing
which intoxicated him was administered to him without his knowledge or against his will.
Clause 24 of the Bill seeks to provide
that 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.
Clause 25 of the Bill seeks to provide that nothing is an offence which is not intendent to cause death, or grievous hurt when the harm done with
consent of a person above eighteen years of age 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.
Clause 26 of the Bill seeks to provide that nothing is an
offence when the act not intended to cause death done by
consent in good faith and for
persons' benefit.
Clause 27 of the Bill seeks to provide
that nothing is an offence
when an act is done in
good faith for benefit of child or person with mental illness,
by or by consent of guardian.
Clause 28 of the Bill seeks to provide
that the consent
is not a consent as intended by the
proposed legislation when it is given under
fear or misconception or by a person under twelve years of age.
Clause 29 of the Bill seeks to provide
that exceptions in sections 21, 22 and 23 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.
Clause 30 of the Bill seeks to provide that nothing is an offence when act done in good faith for benefit of a
person without 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.
Clause 31 of the Bill seeks to provide
that 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.
Clause 32 of the Bill seeks to provide that nothing is an
offence done by a person except murder, and offences against the State
punishable with death, 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.
Clause 33 of the Bill seeks to provide that 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.
Clause 34 of the Bill seeks to provide
that nothing is an offence
which is done in the exercise of the right of private
defence.
Clause 35 of the Bill seeks to provide
that every person has a right of private defence of the body and of property
subject to the restrictions contained in the Bill.
Clause 36 of the Bill seeks
to provide that nothing is an offence,
when an act is done in
exercise of right of private
defence, due to want of maturity of understanding, the mental
illness or the intoxication of the person
doing that act, or by reason of any misconception on the part of that person,
however, every person
has the same right of private defence
against that act which he would have if the act were that offence.
Clause 37 of the Bill seeks
to provide certain
acts against which
the right of private
defence does not extend.
Clause 38 of the Bill seeks to provide for certain circumstances
where the right of private defence of the body extends to causing death.
Clause 39 of the Bill seeks to provides for certain
circumstances when the right of taking private defence extends to causing harm
other than death.
Clause 40 of the Bill seeks
to provide that the right to private
defence of the body
starts as soon as reasonable apprehension of danger to the body arises and
continues as long as such apprehension continues.
Clause 41 of the Bill seeks to provides
for certain circumstances when the right of
private defence of property extends to causing death.
Clause 42 of the Bill seeks to provide the circumstances when the right of private defence of property
extends to causing any harm other than death.
Clause 43 of the Bill seeks to provide that the right of private
defence of property starts as soon as reasonable
apprehension of danger to the
property commences and continues as long as such apprehension continues.
Clause 44 of the Bill seeks to provide that if in the exercise
of the right of private defence against an assault which reasonably causes the
apprehension of death and the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent
person, his right of private defence extends to the running of that risk.
Clause 45 of the Bill seeks to provide the meaning of abetment to mean that instigation by any person to do a thing, or 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, intentionally aids, by any
act or illegal omission, the doing of that thing.
Clause 46 of the Bill seeks to provide
that a person abets an offence, who abets either the commission of an offence, or
the commission of an act which would be an offence, if committed by a person
capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Clause 47 of the Bill seeks to
provide that a person abets an offence within the meaning of this Sanhita
who, in India, abets the commission of any act without and beyond
India which would constitute an offence if committed in India.
Clause 48 of the Bill seeks to
provide that a person abets an
offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in
India which would constitute an offence if committed in India.
Clause 49 of the Bill seeks to provide for the punishment of abetment if the act abetted is committed in consequence and where no express
provision is made for its punishment.
Clause 50 of the Bill seeks to provide
that punishment of abetment if person abetted does act with different intention
from that of abettor.
Clause 51 of the Bill seeks to provide
that 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, provided that 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.
Clause 52 of the Bill seeks to provide that if the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence,
the abettor is liable to punishment for each of the offences.
Clause 53 of the Bill seeks to provide
that liability of abettor for an effect
caused by the act abetted
different from that intended by the abettor.
Clause 54 of the Bill seeks to provide
that 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.
Clause 55 of the Bill seeks to provide
that when no express provision is made under this Sanhita for the punishment of abetment relating
to an offence punishable with death or imprisonment for life, the person shall be punished with imprisonment which may extend to seven
years, and also liable to fine.
Clause 56 of the Bill seeks to provide
that if the offence abetment
is not committed and no express provision is made for punishment, is
shall be punished for imprisonment provided
for that purpose
for a term which may extend so one fourth
part of the longest term provided that for that offence or with fine provided for that offence.
Clause 57 of the Bill seeks to
provide that 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 seven years and
with fine.
Clause 58 of the Bill seeks to
provide that concealing design to
commit offence punishable with death or imprisonment for life.
Clause 59 of the Bill seeks to
provide for punishment to the public servant for concealing design
of offence and thereby intending
to facilitate such offence which it is his
duty as such public servant to prevent the said offence.
Clause 60 of the Bill seeks to provide
for punishment where a person intending to facilitate
or knowing it to be likely that he will thereby facilitate the commission of an
offence punishable with imprisonment, voluntarily conceals, by any act
or illegal omission, the existence of a design to commit such offence, or makes any representation which
he knows to be false
respecting such design.
Clause 61 of the Bill seeks to provide
that when two or more persons agree to do, or
cause to be done an illegal act, or an act which is not illegal by illegal
means, such an agreement is designated a criminal conspiracy.
Clause 62 of the Bill seeks to
provide for punishment for attempting
to commit offences, which is punishable with imprisonment for life or other imprisonment, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest
term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.
Clause 63 of the Bill seeks to provide for definition of rape and various circumstances under which the offence shall be treated as
rape.
Clause 64 of the Bill seeks to provide
for punishment for rape when committed by persons such as police officer, public servant, being a member of armed forces, staff of jail etc., which may extend
to for a term which
shall not be less than ten years
but which may extend to imprisonment for life, which
shall mean imprisonment for the remainder of that person's
natural life, and shall also be liable to fine.
Clause 65 of the Bill seeks to provide
for punishment for rape in certain cases such as woman
under sixteen years of age.
Clause 66 of the Bill seeks to
provide for punishment for rape, if in the course of commission of rape
inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, with rigorous imprisonment for a term which
shall not be less than twenty years,
but which may extend to imprisonment for life, which shall mean imprisonment
for the remainder of that person's natural life, or with death.
Clause 67 of the Bill seeks to provide
for punishment of a person to two years which may
extend to seven years and also liable
for fine if such person
commits sexual intercourse with his own wife during
separation whether under a decree of separation or otherwise, without her
consent.
Clause 68 of the Bill seeks to provide
for punishment of rape, when committed by a
person who is in a position of authority such as public servant, superintendent or manager of jail,
staff under the management of hospital etc., for term which shall not less than five years but may extend to ten
years and also with fine.
Clause 69 of the Bill seeks to provide
that whoever, by deceitful means or making
by promise to marry to a woman without any intention of fulfilling the
same, and has sexual intercourse with her, such sexual
intercourse not amounting to the offence
of rape, shall
be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Clause 70 of the Bill seeks
to provide for punishment for gang rape,
by one or more persons, to rigorous imprisonment for a term which shall
not be less than twenty
years, but which may extend to life which shall mean imprisonment for the remainder
of that person's natural life, and with fine and also provide for punishment for imprisonment for life or with
death when a gang rape is committed with a woman under eighteen years of age.
Clause 71 of the Bill seeks to provide for punishment for a repeat offender, previously convicted of an offence punishable under section 63 or section 64 or section 65 or section 66 or section 67 and is subsequently convicted
for said sections, with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.
Clause 72 of the Bill seeks to provide for punishment to
offender who prints or publishes, the name or any matter which may make known the identity of any person against
whom an offence
under section 63 or section
64 or section 65 or section 66 or section
67 or section 68 is alleged
or found to have been committed (hereafter in this section referred to as the victim), with imprisonment of either
description for a term which may extend to two years and shall also be
liable to fine subject to certain conditions.
Clause 73 of the Bill seeks to provide for punishment for
assaults or uses criminal force, to any woman, intending to outrage or knowing
it to be likely that he will there by outrage
her modesty, with imprisonment of either description for a term which shall
not be less than one year but
which may extend to five years, and shall also be liable to fine.
Clause 74 of the Bill seeks to provide punishment for sexual
harassment, such as physical contact
and advances involving unwelcome and explicit sexual overtures; or a demand or request for sexual favours; or showing pornography against the will of a woman;
with rigorous imprisonment for a term which may extend to three years, or with fine, or with both and for making sexually coloured remarks, with imprisonment of either description for a term which
may extend to one year,
or with fine,
or with both.
Clause 75 of the Bill seeks to provide
that whoever assaults
or uses criminal force to any woman or abets such act with the intention
of disrobing or compelling her to be naked,
shall be punished with imprisonment of either description for a term which shall
not be less than three years but which may extend to seven years, and
shall also be liable to fine.
Clause 76 of the Bill seeks to provide for punishment for voyeurism, such as watching or capturing the image of a woman engaging in a private
act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other
person, at the behest of the perpetrator or disseminates such image and
punishment thereof.
Clause 77 of the Bill seeks to provide for stalking such as follows a woman and contacts,
or attempts to contact such woman to foster personal interaction repeatedly despite
a clear indication of disinterest by such woman; etc., and punishment
thereof.
Clause 78 of the Bill seeks to provide for punishment for
intending to insult the modesty of any woman, utters any words, makes any sound
or gesture, or exhibits any object in any form, intending that such word or sound
shall be heard,
or that such gesture or object shall be seen, by such woman,
or intrudes upon the privacy of such woman, with simple imprisonment for a term which
may extend to three years,
and also with fine.
Clause 79 of the Bill seeks to provide punishment for dowry death, which shall be with imprisonment for a term which
shall not be less than seven years
but which may extend to imprisonment for life.
Clause 80 of the Bill seeks to provide punishment for cohabitation or sexual intercourse by a man deceitfully inducing
a woman to belief of lawful marriage, with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Clause 81 of the Bill seeks to provide
that whoever, having a husband
or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
Clause 82 of the Bill seeks
to provide that whoever, dishonestly or with a fraudulent
intention, goes through the ceremony of being married, knowing that he is not
thereby lawfully married, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Clause 83 of the Bill seeks
to provide that whoever takes
or entices away any woman who is and whom he knows
or has reason to believe
to be the wife of any other
man, with intent that she may have illicit
intercourse with any person, or conceals or detains with that
intent any such woman, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
Clause 84 of the Bill seeks to provide
that whoever, being the husband
or the relative of the husband of a woman, subjects such woman to
cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Clause 85 of the Bill seeks to provide for punishment for
kidnapping abducting or inducing woman to compel her marriage against her will
for illicit intercourse, with an imprisonment
for a term which may extend to ten years, and shall also be liable to fine.
Clause 86 of the Bill seeks to provide for punishment for causing voluntary miscarriage if not caused for good faith for the purpose of saving the life of the woman, with imprisonment for a term which may extend to three years,
or with fine,
or with both;
and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Clause 87 of the Bill seeks to provide
punishment for miscarriage without consent of woman, for a term which may extend to
ten years and also for fine.
Clause 88 of the Bill seeks to provide
that punishment whoever,
with intent to cause
the miscarriage of a woman with child,
does any act which causes
the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine; and when done without the consent of woman
with imprisonment for life or which may extend to ten years or with fine.
Clause 89 of the Bill seeks
to provide that whoever before
the birth of any child
does any act with the intention
of thereby preventing that child from being born alive or causing
it to die after its birth, and does by such act prevent that child from being
born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which
may extend to ten years, or with fine, or with both.
Clause 90 of the Bill seeks to provide that whoever does any act under such circumstances, that if he thereby caused
death he would be guilty
of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall also be liable to fine.
Clause 91 of the Bill seeks to provide that whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished
with imprisonment of either description for a term which may extend to seven years, or with fine,
or with both.
Clause 92 of the Bill seeks
to provide that whoever, by secretly burying
or otherwise disposing of the
dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished
with imprisonment of either description for a term which may extend to two years,
or with fine, or with both
Clause 93 of the Bill seeks to provide that whoever hires, employs or engages any person below the age
of eighteen years to commit an offence shall be punished with imprisonment of either description or fine provided for that offence as if the offence has been committed
by such person himself.
Clause 94 of the Bill seeks to provide that whoever, by any means whatsoever, induces any child below the age of eighteen
years to go from any place or to do any act with
intent that such child below the age of eighteen years may be, or knowing that it is likely that such
child will be, forced or seduced to illicit intercourse with another person
shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
Clause 95 of the Bill seeks to provide that whoever kidnaps or abducts any child under the age of ten
years with the intention of taking dishonestly any movable property from the person of such child,
shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
Clause 96 of the Bill seeks to provide that whoever sells, lets to hire, or otherwise disposes of child below
eighteen years of age with intent that such child
shall at any age be employed or used for the purpose
of prostitution or illicit intercourse with any person
or for any unlawful
and immoral purpose, or knowing it to be likely that such person will at any age be
employed or used for any such purpose, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be
liable to fine.
Clause 97 of the Bill seeks
to provide that whoever buys,
hires or otherwise obtains possession of any child below the age of eighteen
years with intent
that such person
shall at any age be employed
or used for the purpose
of prostitution or illicit intercourse with any person or for any unlawful
and immoral purpose, or knowing it to be likely that such child will
at any age be employed or used for any such purpose, shall be punished
with imprisonment of either
description for a term which shall not be less than seven years but which may extend to fourteen years, and shall
also be liable to fine.
Clause 98 of the Bill seeks to provide
that whoever causes death by doing an act with the
intention of causing
death, or with the intention
of causing such bodily injury
as is likely to cause death, or with the knowledge
that he is likely by such act to cause death, commits the offence of culpable homicide.
Clause 99 of the Bill seeks to provide various circumstances under which the culpable homicide is murder.
Clause 100 of the Bill seeks
to define culpable
homicide by causing
death of person other than person whose death was
intended.
Clause 101 of the Bill seeks to provide punishment for murder which shall be death or imprisonment
for life, and also fine.
Sub-Clause (2) further provides
that when a murder is committed by a group of five or more persons acting in concert
on the ground of race, caste
or
community, sex, place of birth, language, personal belief or any other ground each member
of such group shall be punished with death or with imprisonment for life or imprisonment for a
term which shall not be less than seven years and shall also be liable to fine.
Clause 102 of the Bill seeks to provide that whoever, being
under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life,
which shall mean the remainder of that person's natural life.
Clause 103 of the Bill seeks to provide the punishment for culpable homicide not amounting to murder.
Clause 104 of the Bill seeks to provide that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished
with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. It further
provides that whoever
causes death of any person by doing any
rash or negligent act not amounting to culpable homicide and escapes from the
scene of incident or fails to report the incident to a Police officer or Magistrate soon after the incident,
shall be punished
with imprisonment of either description of a term which may extend to ten years
and shall also be liable to fine.
Clause 105 of the Bill seeks to provide
that if any person under eighteen years of age, with mental illness, any delirious
person or any person in a state of intoxication, commits suicide, whoever abets
the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding
ten years, and shall also be
liable to fine.
Clause 106 of the Bill seeks to provide
that if any person commits
suicide, whoever abets the
commission of such suicide, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.
Clause 107 of the Bill seeks to provide punishment for attempt to murder and if by that death is caused, he would be guilty of murder and shall
be punished with imprisonment which may extend
to ten years and also for fine and further
provides that if hurt is caused by such act the punishment shall be
imprisonment for life, or with fine, or with both.
Clause 108 of the Bill seeks to define attempt to commit
culpable homicide not amounting to murder
and provides for punishment which may extend
to three years,
or with fine, or with both;
and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or
with both.
Clause 109 of the Bill seeks to define organised crime to mean that continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing,
economic offences, cyber-crimes having severe consequences, trafficking in people,
drugs etc., and punishment thereof.
Clause 110 of the Bill seeks to define
petty organised crime
as any crime that causes general feelings of insecurity among citizens relating to theft of vehicle or theft from vehicle,
domestic and business
theft, trick theft,
cargo crime, theft (attempt to theft, theft of personal property),etc., and punishment
thereof.
Clause 111 of the Bill seeks to provide
that a terrorist act shall mean using bombs,
dynamite or other explosive substance to cause damage or loss due to damage or destruction
of property or to cause
extensive interference with, damage or destruction to critical infrastructure, etc., with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a
segment thereof, or to disturb public order.
Clause 112 of the Bill seeks
to provide whoever causes bodily
pain, disease or infirmity to any person is said to cause hurt.
Clause 113 of the Bill seeks
to define voluntarily causing hurt and punishment thereof.
Clause 114 of the Bill seeks to provide
that hurt namely,
emasculation, permanent privation
of the sight of either eye, permanent privation of the hearing of either ear privation
of any member or joint, destruction or permanent impairing of the powers of any member or joint, permanent
disfiguration of the head or face, fracture
or dislocation of a bone or tooth, and any hurt which endangers life
or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary
pursuits are grievous hurt.
Clause 115 of the Bill seeks
to define voluntarily causing grievous hurt and punishment thereof.
Clause 116 of the Bill seeks
to define voluntarily causing hurt or
grievous hurt by dangerous weapons or means and punishment thereof.
Clause 117 of the Bill seeks
to define voluntarily causing hurt or
grievous hurt to extort property, or to constrain to an illegal to an act and
punishment thereof.
Clause 118 of the Bill seeks
to define voluntarily causing hurt or
grievous hurt to extort confession, or to compel restoration of property and
punishment thereof.
Clause 119 of the Bill seeks
to define voluntarily causing hurt or
grievous hurt to deter public servant from his duty and punishment thereof.
Clause 120 of the Bill seeks
to define voluntarily causing hurt or
grievous hurt on provocation and punishment thereof.
Clause 121 of the Bill seeks
to define causing hurt by means of
poison, etc., with intent to commit an offence
and punishment thereof.
Clause 122 of the Bill seeks to define voluntarily causing grievous hurt by use of acid, etc., and punishment thereof.
Clause 123 of the Bill seeks to define
act endangering life or personal
safety of others and punishment thereof.
Clause 124 of the Bill seeks to define wrongful
restraint and punishment thereof.
Clause 125 of the Bill seeks to define wrongful
confinement and punishment thereof
.Clause 126
of the Bill seeks to define force.
Clause 127 of the Bill seeks to define criminal
force.
Clause 128 of the Bill seeks to define assault.
Clause 129 of the Bill seeks
to provide punishment for assault or
criminal force otherwise than on grave provocation.
Clause 130 of the Bill seeks to provide
punishment for assault or criminal force to deter public servant from discharge
of his duty.
Clause 131 of the Bill seeks to provide
punishment for assault
or criminal force with
intent to dishonour person, otherwise than on grave provocation.
Clause 132 of the Bill seeks to provide punishment assault or criminal force in attempt to commit theft of property carried by a person.
Clause 133 of the Bill seeks to provide punishment assault or criminal force in attempt wrongfully to confine a person.
Clause 134 of the Bill
seeks to provide punishment assault or criminal
force on grave provocation.
Clause 135 of the Bill seeks to define kidnapping and punishment thereof.
Clause
136 of the Bill seeks to
provide that whoever by force compels, or by any deceitful means
induces, any person to go from any place, is said to abduct that person.
Clause 137 of the Bill seeks to define kidnapping or maiming a child for purposes of begging and punishment thereof.
Clause 138 of the Bill seeks to provide for kidnapping or abducting in order to murder or for ransom, etc., and punishment thereof.
Clause
139 of the Bill seeks to
provide for importation of girl or boy from foreign country and
punishment thereof.
Clause
140 of the Bill seeks to
provide for wrongfully concealing or keeping in confinement, kidnapped
or abducted person punishment thereof.
Clause
141 of the Bill seeks to
provide for trafficking of
person and punishment thereof.
Clause
142 of the Bill seeks to
provide for exploitation of a trafficked person and punishment thereof.
Clause 143 of the Bill seeks to provide
for habitual dealing
in slaves and punishment
thereof.
Clause 144 of the Bill seeks to provide
for unlawful compulsory labour and punishment thereof.
Clause
145 of the Bill seeks to
provide for waging, or attempting to wage war, or abetting waging of
war, against the Government of India and
punishment thereof.
Clause 146 of the Bill
seeks to provide for conspiracy to commit offences
punishable by section 145 and punishment thereof.
Clause
147 of the Bill seeks to
provide for collecting arms, etc., with intention of waging war against
the Government of India and punishment thereof.
Clause 148 of the Bill seeks to provide
for concealing with intent to facilitate design to wage war and punishment
thereof.
Clause 149 of the Bill seeks to provide
for assaulting President, Governor, etc., with intent to compel or restrain the
exercise of any lawful power and punishment thereof.
Clause 150 of the Bill seeks to provide
for acts endangering sovereignty unity and integrity of India and punishment
thereof.
Clause 151 of the Bill seeks to provide
for waging war against Government of any foreign State
at peace with the Government of India and punishment thereof.
Clause 152 of the Bill seeks
to provide for committing depredation on territories of foreign State at peace with the
Government of India and punishment thereof.
Clause 153 of the Bill seeks
to provide for receiving property taken by war or depredation mentioned in
sections 151 and 152 and punishment thereof.
Clause 154 of the Bill seeks
to provide for public servant voluntarily allowing prisoner of state or war to
escape and punishment thereof.
Clause 155 of the Bill seeks to provide
for public servant
negligently suffering such prisoner to escape and punishment thereof.
Clause 156 of the Bill seeks
to provide for aiding escape
of, rescuing or harbouring
such prisoner and punishment thereof.
Clause 157 of the Bill seeks to provide
for abetting mutiny,
or attempting to seduce
a soldier, sailor or airman from his duty and punishment thereof.
Clause 158 of the Bill seeks to provide for abetment of mutiny, if mutiny is committed in consequence thereof and punishment thereof.
Clause 159 of the Bill seeks to provide
for abetment of assault by soldier, sailor or
airman on his superior officer, when in execution of his office and punishment
thereof.
Clause 160 of the Bill seeks to provide
for abetment of such assault,
if the assault committed and punishment thereof.
Clause 161 of the Bill seeks to provide
for abetment of desertion of soldier, sailor
or airman and punishment thereof.
Clause 162 of the Bill seeks
to provide for harbouring deserter and punishment thereof.
Clause 163 of the Bill seeks
to provide for deserter concealed on
board merchant vessel through negligence of master and punishment thereof.
Clause 164 of the Bill seeks
to provide for abetment of act of
insubordination by soldier, sailor or airman
and punishment thereof.
Clause 165 of the Bill seeks to provide
that no person subject to the Army Act, 1950, the Indian
Navy (Discipline) Act, 1934,
the
Air Force Act, 1950,
shall be subject to punishment
under the Bill for any of the offences defined under Chapter VIII.
Clause 166 of the Bill seeks to provide
for wearing garb or carrying
token used by soldier, sailor or airman and
punishment thereof.
Clause 167 of the Bill seeks to define "candidate" and "electoral right".
Clause 168 of the Bill seeks to provide for bribery.
Clause 169 of the Bill seeks to provide for undue influence at elections.
Clause 170 of the Bill seeks to provide for personation at elections.
Clause 171 of the Bill seeks to provide punishment for bribery.
Clause 172 of the Bill seeks to provide punishment for undue influence or personation at an election.
Clause 173 of the Bill seeks
to provide for false statement in
connection with an election and punishment thereof.
Clause 174 of the Bill seeks
to provide for illegal payments in
connection with an election and punishment thereof.
Clause 175 of the Bill seeks
to provide for failure to keep
election account and punishment thereof.
Clause 176 of the Bill seeks
to provide for counterfeiting coin,
government stamps,
currency-notes or bank-notes and punishment thereof.
Clause 177 of the Bill seeks
to provide for using as genuine,
forged or counterfeit coin, Government stamp, currency-notes or bank-notes and
punishment thereof.
Clause 178 of the Bill seeks to provide
for possession of forged or counterfeit coin, Government stamp, currency-notes or
bank-notes and punishment thereof.
Clause 179 of the Bill seeks to provide
for making or possessing instruments or materials for forging or
counterfeiting coin, Government stamp, currency notes or bank-notes and
punishment thereof.
Clause 180 of the Bill seeks to provide
for making or using documents
resembling currency-notes or bank-notes and punishment thereof.
Clause 181 of the Bill seeks to provide
for effacing writing
from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to
Government and punishment thereof.
Clause 182 of the Bill seeks
to provide for using Government stamp known to have
been before used and punishment thereof.
Clause 183 of the Bill seeks to provide
for erasure of mark denoting
that stamp has been used and punishment thereof.
Clause 184 of the Bill seeks
to provide for prohibition of
fictitious stamps and punishment
thereof.
Clause 185 of the Bill seeks to provide for person employed in mint causing coin to be of different weight or composition from that fixed by law
and punishment thereof.
Clause 186 of the Bill seeks to provide
for unlawfully taking
coining instrument from mint and punishment thereof.
Clause 187 of the Bill seeks to provide for unlawful assembly and punishment thereof.
Clause 188 of the Bill seeks to provide for every member of unlawful assembly guilty of offence committed in prosecution of common object.
Clause 189 of the Bill seeks to provide for rioting and punishment thereof.
Clause 190 of the Bill seeks to provide
for want only giving provocation with intent to cause
riot- if rioting be committed; if not committed and punishment thereof.
Clause 191 of the Bill seeks to provide for liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place and
punishment thereof.
Clause 192 of the Bill seeks to provide for affray and punishment thereof.
Clause 193 of the Bill seeks to provide
for assaulting or obstructing public
servant when suppressing riot, etc., and punishment thereof.
Clause 194 of the Bill seeks to provide for promoting enmity between different groups on ground of religion, race, place
of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony and punishment
thereof.
Clause 195 of the Bill seeks
to provide for imputations,
assertions prejudicial to national integration and punishment thereof.
Clause 196 of the Bill seeks to provide
for public servant
disobeying law, with intent
to cause injury to any person and
punishment thereof.
Clause 197 of the Bill seeks
to provide for public servant
disobeying direction under law and punishment thereof.
Clause 198 of the Bill seeks to provide for punishment for non-treatment of victim and punishment thereof.
Clause 199 of the Bill seeks to provide for public servant framing an incorrect document with intent to cause injury and punishment thereof.
Clause 200 of the Bill seeks to provide for public servant unlawfully engaging in trade and punishment thereof.
Clause 201 of the Bill seeks to provide for public servant unlawfully buying or bidding for property and punishment thereof.
Clause 202 of the Bill seeks to
provide for personating a public servant and punishment thereof.
Clause 203 of the Bill seeks to provide for wearing garb or
carrying token used by public servant with fraudulent intent and punishment
thereof.
Clause 204 of the Bill seeks to provide for absconding to avoid service of summons or other proceeding and punishment thereof.
Clause 205 of the Bill seeks to provide for preventing service
of summons or other proceeding, or preventing publication thereof and
punishment thereof
Clause 206 of the Bill seeks to provide for non-attendance in obedience
to an order from public servant and punishment thereof.
Clause 207 of the Bill seeks to provide for non-appearance in response to a proclamation under section 84 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and punishment thereof.
Clause 208 of the Bill seeks to provide for omission to produce
document to public servant by person legally bound to produce it and punishment
thereof.
Clause 209 of the Bill seeks to provide
for omission to give notice
or information to public servant by person legally bound
to give it and punishment thereof.
Clause 210 of the Bill seeks to
provide for furnishing false information and punishment thereof.
Clause 211 of the Bill seeks to provide for refusing oath or
affirmation when duly required by public servant to make it and punishment
thereof.
Clause 212 of the Bill seeks to provide for refusing to answer public servant authorised to question and punishment thereof.
Clause 213 of the Bill seeks
to provide for refusing to sign statement and punishment thereof.
Clause 214 of the Bill seeks to provide for false statement on
oath or affirmation to public servant or person authorised to administer an
oath or affirmation and punishment thereof.
Clause 215 of the Bill seeks to
provide for false information, with intent to cause public servant to use his lawful power to the injury
of another person and punishment thereof.
Clause 216 of the Bill seeks to provide
for resistance to the taking of property
by the lawful authority of a
public servant and punishment thereof.
Clause 217 of the Bill seeks to provide for obstructing sale of property offered for sale by authority of public servant and punishment
thereof.
Clause 218 of the Bill seeks to provide
for illegal purchase
or bid for property offered for sale by authority of public
servant and punishment thereof.
Clause 219 of the Bill seeks
to provide for obstructing public
servant in discharge of public functions and punishment thereof.
Clause 220 of the Bill seeks to provide for omission to assist
public servant when bound by law to give assistance and punishment thereof.
Clause 221 of the Bill seeks to provide for disobedience to order duly promulgated by public servant and punishment thereof.
Clause 222 of the Bill seeks to provide for threat of injury to
public servant and punishment thereof.
Clause 223 of the Bill seeks to provide
for threat of injury to induce person to refrain from applying for protection to
public servant and punishment thereof.
Clause 224 of the Bill seeks to provide for attempt to commit
suicide to compel or restraint exercise of lawful power and punishment thereof.
Clause 225 of the Bill seeks to provide for giving false evidence.
Clause 226 of the Bill seeks to provide for fabricating false evidence.
Clause 227 of the Bill seeks to provide for punishment for false evidence.
Clause 228 of the Bill seeks
to provide for giving or fabricating false
evidence with intent to
procure conviction of capital offence and punishment thereof.
Clause 229 of the Bill seeks
to provide for giving or fabricating false
evidence with intent to procure
conviction of offence punishable with imprisonment for life or imprisonment
and punishment thereof.
Clause 230 of the Bill seeks to provide for threatening any person to give false evidence and punishment thereof.
Clause 231 of the Bill seeks to provide for using evidence known
to be false and punishment thereof.
Clause 232 of the Bill seeks to provide for issuing or signing
false certificate and punishment thereof.
Clause 233 of the Bill seeks to provide
for using as true a certificate known to be false
and punishment thereof.
Clause 234 of the Bill seeks to provide for false statement made in declaration which is by law receivable as evidence and punishment thereof.
Clause 235 of the Bill seeks to provide for using as true such declaration knowing it to be false and punishment thereof.
Clause 236 of the Bill seeks to provide for causing
disappearance of evidence of offence, or giving false information to screen
offender and punishment thereof.
Clause 237 of the Bill seeks to provide
for intentional omission
to give information of
offence by person bound to inform and punishment thereof.
Clause 238 of the Bill seeks to provide for giving false
information respecting an offence committed and punishment thereof.
Clause 239 of the Bill seeks to provide for destruction of
document to prevent its production as evidence and punishment thereof.
Clause 240 of the Bill seeks to provide for false personation
for purpose of act or proceeding in suit or prosecution and punishment thereof.
Clause 241 of the Bill seeks to provide for fraudulent removal
or concealment of property to prevent its seizure as forfeited or in execution
and punishment thereof.
Clause 242 of the Bill seeks to provide
for fraudulent claim to property
to prevent its seizure as forfeited or in execution
and punishment thereof.
Clause 243 of the Bill seeks
to provide for fraudulently suffering decree for sum not
due and punishment thereof.
Clause 244 of the Bill seeks to provide for dishonestly making false claim in Court and punishment thereof.
Clause 245 of the Bill seeks
to provide for fraudulently obtaining decree for sum not
due and punishment thereof.
Clause 246 of the Bill seeks to provide
for false charge
of offence made with intent
to injure and punishment thereof.
Clause 247 of the Bill seeks to provide for harbouring offender and punishment thereof.
Clause 248 of the Bill seeks to provide
for taking gift, etc., to screen an offender from punishment and punishment thereof.
Clause 249 of the Bill seeks
to provide for offering gift or restoration of property in consideration of screening offender
and punishment thereof.
Clause 250 of the Bill seeks to
provide for taking gift to help to recover stolen property, etc., and punishment thereof.
Clause 251 of the Bill seeks to provide
for harbouring offender
who has escaped from custody
or whose apprehension has been ordered and punishment thereof.
Clause 252 of the Bill seeks to provide
for penalty for harbouring robbers
or dacoits and punishment
thereof.
Clause 253 of the Bill seeks to provide
for public servant
disobeying direction of law
with intent to save person from punishment or property from forfeiture and
punishment thereof.
Clause 254 of the Bill seeks
to provide for public servant
framing incorrect record
or writing with intent to save person from punishment or property from forfeiture and punishment
thereof.
Clause 255 of the Bill seeks to
provide for public servant in judicial proceeding corruptly making report, etc., contrary to law and
punishment thereof.
Clause 256 of the Bill seeks to provide for commitment for trial
or confinement by person having authority who knows that he is acting contrary to law and punishment thereof.
Clause 257 of the Bill seeks
to provide for intentional omission
to apprehend on the
part of public servant bound to apprehend and punishment thereof.
Clause 258 of the Bill seeks
to provide for intentional omission
to apprehend on the
part of public servant bound to apprehend
person under sentence
or lawfully committed
and punishment thereof.
Clause 259 of the Bill seeks to provide for escape from
confinement or custody negligently suffered by public servant and punishment
thereof.
Clause 260 of the Bill seeks to provide
for resistance or obstruction by a person to his lawful apprehension and punishment
thereof.
Clause 261 of the Bill seeks to provide for resistance or
obstruction to lawful apprehension of another person and punishment thereof.
Clause 262 of the Bill seeks to provide for omission to
apprehend, or sufferance of escape, on part of public servant, in cases not
otherwise, provided for and punishment thereof.
Clause 263 of the Bill seeks to provide for resistance or
obstruction to lawful apprehension or escape or rescue in cases not otherwise
provided for and punishment thereof.
Clause 264 of the Bill seeks to provide for violation of
condition of remission of punishment and punishment thereof.
Clause 265 of the Bill seeks to provide
for intentional insult or interruption to public servant
sitting in judicial proceeding and punishment thereof.
Clause 266 of the Bill seeks to provide
for personation of an assessor
and punishment thereof.
Clause 267 of the Bill seeks to provide for failure by person released on bail or bond to appear in court and punishment thereof.
Clause 268 of the Bill seeks to provide for public nuisance.
Clause 269 of the Bill seeks to provide
for negligent act likely to spread infection
of disease dangerous to life and punishment thereof.
Clause 270 of the Bill seeks to provide
for malignant act likely to spread infection
of disease dangerous to life and punishment thereof.
Clause 271 of the Bill seeks to provide
for disobedience to quarantine rule and
punishment thereof.
Clause 272 of the Bill seeks
to provide for adulteration of food or drink intended
for sale and punishment thereof.
Clause 273 of the Bill seeks to provide for sale of noxious food or drink and punishment thereof.
Clause
274 of the Bill seeks to
provide for adulteration of drugs and punishment thereof.
Clause 275 of the Bill seeks to provide
for sale of adulterated drugs and punishment thereof.
Clause 276 of the Bill seeks to provide for sale of drug as a different drug or preparation and punishment thereof.
Clause 277 of the Bill seeks
to provide for fouling water
of public spring
or reservoir and punishment
thereof.
Clause 278 of the Bill seeks to provide
for making atmosphere noxious to health and
punishment thereof.
Clause 279 of the Bill seeks to provide
for rash driving
or riding on a public way and punishment thereof.
Clause 280 of the Bill seeks to provide
for rash navigation of vessel and punishment
thereof.
Clause 281 of the Bill seeks to provide
for exhibition of false light, mark or buoy and punishment thereof.
Clause 282 of the Bill seeks to provide for conveying person by water for hire in unsafe or overloaded vessel and punishment thereof.
Clause 283 of the Bill seeks to provide
for danger or obstruction in public way or line of navigation and punishment thereof.
Clause 284 of the Bill seeks to provide for negligent conduct with respect to poisonous substance
and punishment thereof.
Clause
285 of the Bill seeks to
provide for negligent conduct with respect to fire or combustible matter and
punishment thereof.
Clause 286 of the Bill seeks to provide for negligent conduct with respect to explosive substance
and punishment thereof.
Clause 287 of the Bill seeks to provide for negligent conduct with respect to machinery and
punishment thereof.
Clause 288 of the Bill seeks
to provide for negligent conduct
with respect to pulling
down, repairing or constructing buildings, etc., and punishment thereof.
Clause 289 of the Bill seeks to provide
for negligent conduct
with respect to animal
and punishment thereof.
Clause 290 of the Bill seeks to provide punishment for public
nuisance in cases not otherwise provided for.
Clause 291 of the Bill seeks to provide
for continuance of nuisance after injunction to discontinue and punishment thereof.
Clause 292 of the Bill seeks to provide for sale, etc., of
obscene books, etc., and punishment thereof.
Clause 293 of the Bill seeks
to provide for sale, etc.,
of obscene objects
to child and punishment thereof.
Clause 294 of the Bill seeks to provide for obscene acts and
songs and punishment thereof.
Clause 295 of the Bill seeks to provide for keeping lottery
office and punishment thereof.
Clause 296 of the Bill seeks
to provide for injuring or defiling place
of worship, with intent to insult the religion of any
class and punishment thereof.
Clause 297 of the Bill seeks to provide
for deliberate and malicious acts, intended to outrage religious feelings of any class
by insulting its religion or religious beliefs and punishment thereof.
Clause 298 of the Bill seeks to provide for disturbing
religious assembly and punishment thereof.
Clause 299 of the Bill seeks to provide for trespassing on
burial places, etc., and punishment thereof.
Clause 300 of the Bill seeks to provide for uttering words, etc., with deliberate intent to wound religious feelings and punishment thereof.
Clause 301 of the Bill seeks to define the offence theft and punishment thereof.
Clause 302 of the Bill seeks to define the offence snatching
and punishment thereof.
Clause 303 of the Bill seeks to provide for theft in a dwelling
house, or means of transportation or place of worship, etc., and punishment
thereof.
Clause 304 of the Bill seeks to provide for theft by clerk or
servant of property in possession of master and punishment thereof.
Clause
305 of the Bill seeks to
provide for theft after preparation made for causing death, hurt or restraint in
order to the committing of theft and punishment thereof.
Clause 306 of the Bill seeks
to define the offence extortion and punishment thereof. Clause 307 of the Bill seeks to define the offence robbery and
punishment thereof. Clause 308 of the
Bill seeks to define the offence dacoity and punishment thereof.
Clause 309 of the Bill seeks
to provide for robbery, or dacoity, with attempt to cause
death or grievous hurt and punishment thereof.
Clause 310 of the Bill seeks to provide for attempt to commit robbery or dacoity when armed
with deadly weapon and punishment thereof.
Clause
311 of the Bill seeks to
provide for punishment for belonging to gang of robbers, dacoits, etc.
Clause 312 of the Bill seeks to provide for dishonest misappropriation of property and punishment thereof.
Clause
313 of the Bill seeks to
provide for dishonest misappropriation of property possessed by deceased person
at the time of his death and punishment thereof.
Clause
314 of the Bill seeks to
provide for criminal breach of trust under
various circumstances and punishment thereof.
Clause
315 of the Bill seeks to
define stolen property and punishment
thereof if received under various circumstances.
Clause 316 of the Bill seeks to define cheating
and punishment thereof.
Clause 317 of the Bill seeks to define cheating by personation and punishment thereof.
Clause 318 of the Bill seeks to provide
for dishonest or fraudulent removal
or concealment of property to prevent distribution among creditors and
punishment thereof.
Clause 319 of the Bill seeks to provide for dishonestly or fraudulently preventing debt being available for creditors and punishment thereof.
Clause 320 of the Bill seeks to provide for dishonest or fraudulent execution of deed of transfer
containing false statement of consideration and punishment thereof.
Clause 321 of the Bill seeks to provide
for dishonest or fraudulent removal
or concealment of property and punishment thereof.
Clause 322 of the Bill seeks to define mischief
and punishment thereof.
Clause 323 of the Bill seeks to provide
for mischief by killing or maiming animal
and punishment thereof.
Clause
324 of the Bill seeks to
provide for mischief by injury, inundation, fire or explosive substance, etc., and punishment thereof.
Clause
325 of the Bill seeks to
provide for mischief with intent to destroy or make unsafe a rail, aircraft,
decked vessel or one of twenty tons burden and punishment thereof.
Clause 326 of the Bill seeks to provide for punishment for intentionally running vessel aground
or ashore with intent to commit theft, etc. and punishment thereof.
Clause 327 of the Bill seeks
to provide for criminal trespass
and house-trespass and punishment thereof.
Clause 328 of the Bill seeks to provide for house-trespass and house-breaking.
Clause
329 of the Bill seeks to
provide for punishment for house-trespass or house breaking and punishment
thereof.
Clause 330 of the Bill seeks to provide
for house-trespass in order to commit offence and punishment thereof.
Clause 331 of the Bill seeks to provide
for house-trespass after preparation for hurt,
assault or wrongful restraint and punishment thereof.
Clause 332 of the Bill seeks to define dishonestly breaking open receptacle containing property.
Clause 333 of the Bill seeks to define making
a false document.
Clause 334 of the Bill seeks to provide for forgery and punishment thereof.
Clause
335 of the Bill seeks to
provide for forgery of record of Court or of public register, etc. and
punishment thereof.
Clause 336 of the Bill seeks to provide
for forgery of valuable security,
will, etc., and punishment thereof.
Clause 337 of the Bill seeks to provide for having possession of document specified in section 335 or 336, knowing it to be forged and intending to use it as genuine and punishment thereof.
Clause 338 of the Bill seeks to provide
for forged document
or electronic record and
using it as genuine and punishment thereof.
Clause 339 of the Bill seeks to provide
for making or possessing counterfeit seal, etc., with
intent to commit forgery punishable under section 336 and punishment thereof.
Clause 340 of the Bill seeks to provide for counterfeiting
device or mark used for authenticating
documents described in section 336, or possessing counterfeit marked material and
punishment thereof.
Clause 341 of the Bill seeks to provide for fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
and punishment thereof.
Clause 342 of the Bill seeks
to provide for falsification of accounts and punishment
thereof.
Clause 343 of the Bill seeks to provide for property mark and punishment thereof.
Clause 344 of the Bill seeks to provide for tampering with property mark with intent to cause injury and punishment thereof.
Clause 345 of the Bill seeks to provide for counterfeiting a property mark and punishment thereof.
Clause 346 of the Bill seeks to provide for making or possession of any instrument for counterfeiting a property mark and punishment
thereof.
Clause 347 of the Bill seeks to provide for selling goods marked
with a counterfeit property mark and punishment thereof.
Clause 348 of the Bill seeks
to provide for making a false mark upon any receptacle
containing goods and punishment thereof.
Clause 349 of the Bill seeks to provide for criminal intimidation and punishment thereof.
Clause 350 of the Bill seeks to provide for intentional insult
with intent to provoke breach of peace and punishment thereof.
Clause 351 of the Bill seeks to provide for statements conducing
to public mischief and punishment thereof.
Clause 352 of the Bill seeks
to provide for act caused
by inducing person
to believe that he will be
rendered an object of the divine displeasure and punishment thereof.
Clause 353 of the Bill seeks
to provide for misconduct in public by a drunken
person and punishment thereof.
Clause 354 of the Bill seeks to define defamation and punishment thereof.
Clause 355 of the Bill seeks to provide
for breach of contract to attend on and supply wants of helpless person and
punishment thereof.
Clause 356 of the Bill seeks to provide for repeal and savings
of the Indian Penal Code, 1860.
FINANCIAL MEMORANDUM
The Bharatiya Nyaya Sanhita, 2023, if enacted, is not likely to involve any expenditure, either recurring or non-recurring, from and
out of the Consolidated Fund of India.
123
LOK SABHA
————
A
BILL
to consolidate and amend the
provisions relating to offences and for matters connected therewith or incidental thereto.
————
(Shri Amit Shah, Minister of Home Affairs and Cooperation)
MGIPMRND—278LS—10.08.2023.