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.
|
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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