FORENSIC SCINECE

The Indian Penal Code

(45 of 1860)

 

Introduction

 

In the uncivilized society no person was said to be safe from attacks to his person or property by any other person. The person attacked either succumbed or over-powered his opponent. A tooth for a tooth, an eye for an eye, a life for a life was the rule of law. With the advancement of time, the injured person agreed to accept compensation, instead of killing his adversary. For a long time the function of settling the terms remained with the parties themselves, but gradually this function came to be performed by the State.

 

In India the criminal jurisprudence came into existence from the time of Manu. Manu has recognized assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, adultery and rape. The king protected his subjects and the subjects in return owed him allegiance and paid him revenue. The king administered justice himself, if unable due to certain circumstances, the matter was entrusted to a judge. If a criminal was fined, the fine went to the king’s treasury and was not given as compensation to the injured party.

 

Different laws came into existence in the reins of different rulers. When the Britishers came into India they adopted a different set of law which was based on British pattern, but it was not uniform throughout India. Different regulations were passed prescribing practice and procedure to be followed. In 1834 the first Indian Law Commission was constituted to investigate into the jurisdiction, powers and rules of the existing courts as well as police establishments and into the laws in operation in British India. The Indian Penal Code was drafted by the first Indian Law Commission under the presidentship of Macaulay and was submitted to the Governor-General of India in Council in 1837. It was circulated to the Judges and law advisors of the Crown. In 1845, another Commission was appointed to review the Code. This Commission submitted its report in two parts, one in 1846 and the other in 1847. The Code was revised according to the report of the Commission but it never saw the light of the day. Subsequently, it was revised by two Law Members of the Governor-General of India in Council and was presented to the Legislative Council in 1856.

 

Act 45 of 1860

 

The Indian Penal Code Bill was passed by the Legislative Council and it received the assent of the Governor-General on 6th October, 1860. It came on the Statute Book as THE INDIAN PENAL CODE (45 of 1860).

 


 

List of Amending Acts and Adaptation Orders

 

1. The Repealing Act, 1870 (14 of 1870).

 

2. The Indian Penal Code Amendment Act, 1870 (27 of 1870).

 

3. The Indian Penal Code Amendment Act, 1872 (19 of 1872).

 

4. The Indian Oaths Act, 1873 (10 of 1873).

 

5. The Indian Penal Code Amendment Act, 1882 (8 of 1882).

 

6. The Code of Criminal Procedure, 1882 (10 of 1882).

 

7. The Indian Criminal Law Amendment Act, 1886 (10 of 1886).

 

8. The Indian Marine Act, 1887 (14 of 1887).

 

9. The Metal Tokens Act, 1889 (1 of 1889).

 

10. The Indian Merchandise Marks Act, 1889 (4 of 1889).

 

11. The Cantonments Act, 1889 (13 of 1889).

 

12. The Indian Railways Act, 1890 (9 of 1890).

 

13. The Indian Criminal Law Amendment Act, 1891 (10 of 1891).

 

14. The Amending Act, 1891 (12 of 1891).

 

15. The Indian Criminal Law Amendment Act, 1894 (3 of 1894).

 

16. The Indian Criminal Law Amendment Act, 1895 (3 of 1895).

 

17. The Indian Penal Code Amendment Act, 1896 (6 of 1896).

 

18. The Indian Penal Code Amendment Act, 1898 (4 of 1898).

 

19. The Currency-Notes Forgery Act, 1899 (12 of 1899).

 

20. The Indian Penal Code Amendment Act, 1910 (3 of 1910).

 

21. The Indian Criminal Law Amendment Act, 1913 (8 of 1913).

 

22. The Indian Elections Offences and Inquiries Act, 1920 (39 of 1920).

 

23. The Indian Penal Code (Amendment) Act, 1921 (16 of 1921).

 

24. The Indian Penal Code (Amendment) Act, 1923 (20 of 1923).

 

25. The Indian Penal Code (Amendment) Act, 1924 (5 of 1924).

 

26. The Indian Criminal Law Amendment Act, 1924 (18 of 1924).

 

27. The Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925).

 

28. The Obscene Publications Act, 1925 (8 of 1925).

 

29. The Indian Penal Code (Amendment) Act, 1925 (29 of 1925).

 

30. The Repealing and Amending Act, 1927 (10 of 1927).

 

31. The Criminal Law Amendment Act, 1927 (25 of 1927).

 

32. The Repealing and Amending Act, 1930 (8 of 1930).

 

33. The Indian Air Force Act, 1932 (14 of 1932).

 

34. The Amending Act, 1934 (35 of 1934).

 

35. The Government of India (Adaptation of Indian Laws) Order, 1937.

 

36. The Criminal Law Amendment Act, 1939 (22 of 1939).

 

37. The Offences on Ships and Aircrafts Act, 1940 (4 of 1940).

 

38. The Indian Merchandise Marks (Amendment) Act, 1941 (2 of 1941).

 

39. The Indian Penal Code (Amendment) Act, 1942 (8 of 1942).

 

40. The Indian Penal Code (Amendment) Act, 1943 (6 of 1943).

 

41. The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.

 

42. The Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949).

 

43. The Indian Penal Code and the Code of Criminal Procedure (Amendment) Act, 1949 (42 of 1949).

 

44. The Adaptation of Laws Order, 1950.

45. The Repealing and Amending Act, 1950 (35 of 1950).

 

46. The Part B States (Laws) Act, 1951 (3 of 1951).

 

47. The Criminal Law Amendment Act, 1952 (46 of 1952).

 

48. The Repealing and Amending Act, 1952 (48 of 1952).

 

49. The Repealing and Amending Act, 1953 (42 of 1953).

 

50. The Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955).

 

51. The Adaptation of Laws (No.2) Order, 1956.

 

52. The Repealing and Amending Act, 1957 (36 of 1957).

 

53. The Criminal Law Amendment Act, 1958 (2 of 1958).

 

54. The Trade and Merchandise Marks Act, 1958 (43 of 1958).

 

55. The Indian Penal Code (Amendment) Act, 1959 (52 of 1959).

 

56. The Indian Penal Code (Amendment) Act, 1961 (41 of 1961).

 

57. The Anti-Corruption Laws (Amendment) Act, 1964 (40 of 1964).

 

58. The Criminal and Election Laws Amendment Act, 1969 (35 of 1969).

 

59. The Indian Penal Code (Amendment) Act, 1969 (36 of 1969).

 

60. The Criminal Law (Amendment) Act, 1972 (31 of 1972).

 

61. The Employees’ Provident Funds and Family Pension Fund (Amendment) Act, 1973 (40 of 1973).

 

62. The Employees’ State Insurance (Amendment) Act, 1975 (38 of 1975).

 

63. The Election Laws (Amendment) Act, 1975 (40 of 1975).

 

64. The Criminal Law (Amendment) Act, 1983 (43 of 1983).

 

65. The Criminal Law (Second Amendment) Act, 1983 ( 46 of 1983).

 

66. The Dowry Prohibition (Amendment) Act, 1986 (43 of 1986).

 

67. The Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988 (33 of 1988).

 

68. The Prevention of Corruption Act, 1988 (49 of 1988).

 

69. The Criminal Law (Amendment) Act, 1993 (42 of 1993).

 

70. The Indian Penal Code (Amendment) Act, 1995 (24 of 1995).

 

 


 

THE INDIAN PENAL CODE

(45 OF 1860)1

6th October, 1860

Preamble —

 

Whereas it is expedient to provide a general Penal Code for India; It is enacted as follows: —

 

 

CHAPTER I - INTRODUCTION

 

 

1. Title and extent of operation of the Code —

 

This Act shall be called the Indian Penal Code, and shall extend to the whole of India except the State of Jammu and Kashmir.

 

 

2. Punishment of offences committed within India —

 

Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within India.

 

 

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

 

Any person liable, by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.

 

 

4. Extension of Code to extra-territorial offences —

 

The provisions of this Code apply also to any offence committed by—

 

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

 

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

 

Explanation — In this section the word "offence" includes every act committed outside India, which, if committed in India, would be punishable under this Code.

Illustration

A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.

 

5. Certain laws not to be affected by this Act —

 

Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

 

 

CHAPTER II - GENERAL EXPLANATIONS

 

 

6. Definitions in the Code to be understood subject to exceptions —

 

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

 

Illustrations

 

(a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age 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".

 

 

7. Sense of expression once explained —

 

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

 

 

8. Gender —

 

The pronoun "he" and its derivatives are used of any person, whether male or female.

 

 

9. Number —

 

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

 

10. "Man", "Woman" —

 

The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age.

 

 

11. "Person"—

 

The word "person" includes any Company or Association or body of persons, whether incorporated or not.

 

 

12. "Public" —

 

The word "public" includes any class of the public or any community.

 

 

13. "Queen" —

 

Rep. by the A.O. 1950.

 

 

14. "Servant of Government" —

 

The words "servant of Government" denote any officer or servant continued, appointed or employed in India or under the authority of Government.

 

 

15. "British India" —

 

Rep. by the A.O. 1937.

 

 

16. "Government of India" —

 

Rep. by the A.O. 1937.

 

 

17. "Government" —

 

The word "Government" denotes the Central Government or the Government of a State.

 

 

18. "India" —

 

"India" means the territory of India excluding the State of Jammu and Kashmir.

19. "Judge" —

 

The word "Judge" denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which is confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

 

Illustrations

 

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

 

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

 

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

 

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

 

20. "Court of Justice" —

 

The words "Court of Justice" denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

 

Illustration

 

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

 

21. "Public Servant" —

 

The words "public servant" denote a person falling under any of the descriptions hereinafter following; namely: —

 

Second — Every Commissioned Officer in the Military, Naval or Air Forces of India;

 

Third — Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;

 

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

Fifth — Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;

 

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

 

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

 

Eighth — 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;

 

Ninth — 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 ;

 

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

 

Eleventh — Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;

 

Twelfth — Every person—

 

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

 

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

 

Illustration

 

A Municipal Commissioner is a public servant.

 


 

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

 

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

 

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

 

STATE AMENDMENT

 

State of Rajasthan:

 

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

 

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

 

Explanation The expression ‘Public Body’ includes—

 

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

 

(b) a local authority."

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

 

 

22. "Movable property" —

 

The words "movable property" are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

 

 

23. "Wrongful gain" —

 

"Wrongful gain" is gain by unlawful means of property, which the person gaining is not legally entitled.

 

"Wrongful loss" —

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

Gaining wrongfully, losing wrongfully —

 

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

 

 

24. "Dishonestly" —

 

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly".

 

 

25. "Fraudulently" —

 

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

 

 

26. "Reason to believe" —

 

A person is said to have "reason to believe" a thing, if he has sufficient cause to believe that thing but not otherwise.

 

 

27. Property in possession of wife, clerk or servant —

 

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

 

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

 

28. "Counterfeit" —

 

A person is said to "counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.

 

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

 

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

 

29. "Document" —

 

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

 

Explanation 1 —  It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.

 

Illustrations

 

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

A cheque upon a banker is a document.

A power-of-attorney is a document.

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

 

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

 

Illustration

 

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

 

 

30. "Valuable security" —

 

The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right.

 

Illustration

 

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

 

COMMENTS

 

The certificates which are found as forged for being admitted in the college could be described as valuable security; Kansaheb Kalu Patil v. State of Maharashtra, AIR 1981 SC 80: 1980 Cr LJ 1312.

31. "A will" —

 

The words "a will" denote any testamentary document.

 

 

32. Words referring to acts include illegal omissions —

 

In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

 

 

33. "Act", "Omission" —

 

The word "act" denotes as well a series of acts as a single act: the word "omission" denotes as well as series of omissions as a single omission.

 

 

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

 

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

 

COMMENTS

 

(i) When an offence is sought to be proved only on circumstantial evidence, the allegations of common intention under section 34 of the Indian Penal Code normally cannot be established in absence of meeting of mind, the overt act of the accused, by their conduct, by using the weapons by their utterance of words; Santosh Desai v. State of Goa, (1997) 2 Crimes 666 (Bom).

 

(ii) If some act is done by the accused person in furtherance of common intention of his co-accused, he is equally liable like his co-accused; State of Punjab v. Fauja Singh, (1997) 3 Crimes 170 (P & H).

 

(iii) In order to convict a person vicariously liable under section 34 or section 149 it is not necessary to prove that each and everyone of them had indulged in overts acts; Ram Blias Singh v. State of Bihar, (1989) Cr LJ 1782 : AIR 1989 SC 1593.

 

(iv) When the accused rushed with sword drawn itself showed that he shared the common intention hence liable for conviction under section 300, read with section 34; Abdulla Kunhi v. The State of Kerala, (1990) SC Cr 525.

 

(v) Both sections 149 and 34 deal with a combination of persons who become liable to be punished as sharers in the commission of offences. The non-applicability of section is, therefore, no bar in convicting the accused under substantive section read with section 34 if the evidence discloses commission of an offence in furtherance of the common intention of them all; Nethala Pothuraju v. State of Andhra Pradesh, (1991) Cr LJ 3133 (SC).

(vi) Mere surrender by appellant alongwith accused before police does not show meeting of minds as to bring the case within ambit of section 34; Rangaswami v. State of Tamil Nadu, (1989) Cr LJ 875: AIR 1989 SC 1137.

 

(vii) In order to bring a case under section 34 it is not necessary that there must be a prior conspiracy or pre-meditation, the common intention can be formed in the course of occurrence; Hari Om v. State of Uttar Pradesh, 1993(1) Crimes 294 (SC).

 

 

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

 

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

 

 

36. Effect caused partly by act and partly by omission —

 

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

 

Illustration

 

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

 

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

 

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

 

Illustrations

 

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

 

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

 

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

 

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

 

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

 

Illustration

 

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

 

39. "Voluntarily" —

 

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

 

Illustration

 

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

 

40. "Offence" —

 

Except in the Chapters and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this Code.

 

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

 

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

 

41. "Special law" —

 

A "special law" is a law applicable to a particular subject.

 

 

42. "Local law" —

 

A "local law" is a law applicable only to a particular part of India.

 

 

43. "Illegal", "Legally bound to do" —

 

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

 

 

44. "Injury" —

 

The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

 

 

45. "Life" —

 

The word "life" denotes the life of a human being, unless the contrary appears from the context.

 

 

46. "Death" —

 

The word "death" denotes the death of a human being, unless the contrary appears from the context.

 

 

47. "Animal" —

 

The word "animal" denotes any living creature, other than a human being.

 

 

48. "Vessel" —

 

The word "vessel" denotes anything made for the conveyance by water of human beings or of property.

 

 


 

49. "Year", "Month" —

 

Wherever the word "year" or the word "month" is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.

 

 

50. "Section" —

 

The word "section" denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.

 

 

51. "Oath" —

 

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

 

 

52. "Good faith" —

 

Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.

 

 

52A. "Harbour" —

 

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

 

CHAPTER III - OF PUNISHMENTS

 

53. Punishment —

 

The punishments to which offenders are liable under the provisions of this Code are—

 

First — Death;

Secondly — Imprisonment for life;

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

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

(2) Simple;

Fifthly — Forfeiture of property;

Sixthly — Fine.

53A. Construction of reference to transportation —

 

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

 

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

 

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

 

(4) Any reference to "transportation" in any other law for the time being in force shall, —

 

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

 

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

 

 

54. Commutation of sentence of death —

 

In every case in which sentence of death shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.

 

 

55. Commutation of sentence of imprisonment for life —

 

In every case in which sentence of imprisonment for life shall have 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.

 

 

55A. Definition of "appropriate Government" —

 

In sections 54 and 55 the expression "appropriate Government" means,—

 

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

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

 

 

56. Sentence of Europeans and Americans to penal servitude, proviso as to sentence for term exceeding ten years but not for life —

 

Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949) (w.e.f. 6-4-1949).

 

 

57. Fractions of terms of punishment —

 

In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.

 

 

58. Offenders sentenced to transportation how dealt with until transported —

 

Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), sec. 117 and Sch. (w.e.f. 1-1-1956).

 

 

59. Transportation instead of imprisonment —

 

Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), sec. 117 and Sch. (w.e.f. 1-1-1956).

 

 

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

 

In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

 

 

61. Sentence of forfeiture of property —

 

Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921), sec. 4.

 

 


 

62. Forfeiture of property in respect of offenders punishable with death, transportation or imprisonment —

 

Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921) sec. 4.

 

 

63. Amount of fine —

 

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

 

 

64. Sentence of imprisonment for non-payment of fine —

 

In every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

 

 

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

 

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

 

 

66. Description of imprisonment for non-payment of fine —

 

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

 

 

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

 

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

 

68. Imprisonment to terminate on payment of fine —

 

The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

 

 

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

 

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

 

Illustration

 

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

 

 

70. Fine leviable within six years or during imprisonment—Death not to discharge property from liability —

 

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

 

 

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

 

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

 

Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the court which tries him could award for any one of such offences.

Illustrations

 

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

 

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

 

 

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

 

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

 

 

73. Solitary confinement —

 

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

 

a time not exceeding one month if the term of imprisonment shall not exceed six months;

 

a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;

 

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

 

 

74. Limit of solitary confinement —

 

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

 

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

 

Whoever, having been convicted, —

 

(a) by a court in India, of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, 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 IV - GENERAL EXCEPTIONS

 

 

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

 

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

 

Illustrations

 

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

 

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

 

 

77. Act of Judge when acting judicially —

 

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

 

 

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

 

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

 

 


 

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

 

Nothing is an offence which is done by any person who is justified by law, or who 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 murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

 

 

80. Accident in doing a lawful act —

 

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

 

Illustration

 

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

 

 

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

 

Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, 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 question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

 

Illustrations

 

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

 

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

 

 

82. Act of a child under seven years of age —

 

Nothing is an offence which is done by a child under seven years of age.

 

 

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

 

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

 

 

84. Act of a person of unsound mind —

 

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

 

 

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

 

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

 

COMMENTS

 

(i) Voluntary drunkenness is no excuse for commission of a crime; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(ii) So far as knowledge is concerned, the standard of test is same as in case of intention; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(iii) The court must attribute to the intoxicated man the same knowledge as if he was quite sober unless he was besides his mind altogether at the time of incident; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

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

 

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

 

COMMENTS

 

(i) The prosecution has to prove that in spite of drunkenness the accused had intention to commit the act forbidden by law; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

 

(ii) Sometimes intention on the part of the person who is drunk can also be assessed from the nature of weapon used in the commission of the offence. If a person uses a weapon which is not dangerous and the attack results in death, a malicious intention cannot be drawn against him even though drunkenness is no excuse; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

 

 

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

 

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

 

Illustration

 

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

 

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

 

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

Illustration

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

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

 

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

 

Provisos—Provided—

 

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

 

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

 

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

 

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

 

Illustration

 

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

 

 

90. Consent known to be given under fear or misconception —

 

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

 

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

 

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

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

 

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

 

Illustration

 

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

 

 

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

 

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

 

Provisos—Provided—

 

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

 

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

 

Thirdly -—That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

 

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

 

Illustrations

 

(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

 

 

 

(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball gives Z a mortal wound. A has committed on offence.

 

(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is 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.

 

(d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.

 

Explanation — Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.

 

 

93. Communication made in good faith —

 

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

 

Illustration

 

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

 

94. Act to which a person is compelled by threats —

 

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

 

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

 

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

95. Act causing slight harm —

 

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

 

 

Of the Right of Private Defence

 

 

96. Things done in private defence —

 

Nothing is an offence which is done in the exercise of the right of private defence.

 

COMMENTS

 

(i) In judging whether accused has exceeded his right to private defence or not the court has to take into account the weapons used; Madan Mohan Pandey v. State of Uttar Pradesh, (1991) Cr LJ 467 (SC)

 

(ii) The accused is not required to prove the plea of private defence of person beyond reasonable manner of doubt. The onus on the accused is only to show that the defence version is probable one which is reflected from the salient features and the circumstances in the prosecution case itself; Sawai Ram v. State of Rajasthan, (1997) 2 Crimes 148 (Raj).

 

 

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

 

Every person has a right, subject to the restrictions contained in section 99, to defend—

 

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

 

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

 

 

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

 

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

Illustrations

 

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

 

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

 

 

99. Acts against which there is no right of private defence —

 

There is no right of private defence 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.

 

There is no right of private defence 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

 

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

 

Extent to which the right may be exercised —

 

The right 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 to believe, that the person doing the act is such public servant.

 

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

 

 


 

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

 

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

 

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

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

Thirdly — An assault with the intention of committing rape;

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

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

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

 

COMMENTS

 

(i) The inmates clearly had a right of private defence against the intruders who tried to extract money by force; Kishore Shambhudatta Mishra v. State of Maharashtra, (1989) Cr LJ 1149: AIR 1989 SC 1173.

 

(ii) If the accused had already dealt several blows on the deceased, he could not have been in a position to shoot at the accused persons. Having regard to some of the admissions made by the witnesses, it appears that the accused took forcible possession of the land some days ago. Therefore, even assuming that they came into possession after committing trespassing, if the deceased and others had gone to the land they cannot be held to be aggressors as pleaded by the defence; Khuddu v. State of Uttar Pradesh, AIR 1993 SC 1538 (1540).

 

 

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

 

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

 

 

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

 

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

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

 

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

First — Robbery;

Secondly — House-breaking by night;

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

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

 

STATE AMENDMENTS

 

State of Karnataka:

 

(1) In clause Thirdly, —

 

(i) after the words "mischief by fire", the words "or any explosive substance" shall be inserted;

 

(ii) after the words "as a human dwelling, or" insert the words "as a place of worship, or".

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

 

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

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

 

State of Maharashtra:

 

In section 103, add the following at the end, namely: —

 

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

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

 


 

State of Uttar Pradesh:

 

In section 103, after clause fourthly, add the following clause, namely: —

"Fifthly —Mischief by fire or any explosive substance committed on—

 

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

 

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

 

(c) any transport vehicle as defined in clause (33) of section 2 of the Motor Vehicles Act, 1939."

 

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

 

 

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

 

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

 

 

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

 

The right of private defence of property commences when a reasonable apprehension of danger to the property commences.

 

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

 

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

 

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

 

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

 

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

 

If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right 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 right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

 

 

CHAPTER V - OF ABETMENT

 

 

107. Abetment of a thing —

 

A person abets the doing of a thing, who—

 

First — Instigates any person to do that thing; or

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

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

 

Explanation 1 — A person who by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

 

Illustration

 

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

 

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

 

 


 

108. Abettor —

 

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

 

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

 

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

 

Illustrations

 

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

 

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

 

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

 

Illustrations

 

(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of 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.

 

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

 

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

 

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

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

 

Illustration

 

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

 

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

 

Illustration

 

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

 

 

108A. Abetment in India of offences outside India —

 

A person abets an offence within the meaning of this Code who, in India, abets 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 Goa, to commit a murder in Goa. A is guilty of abetting murder.

 

 

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

 

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

 

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


 

Illustrations

 

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

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Same as for offence abetted—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Same as for offence abetted—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

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

 

When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it:

 

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

 

 

Illustrations

 

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

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Same as for offence intended to be abetted—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

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

 

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

 

Illustration

 

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

 

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

 

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

Illustration

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Same as for offence committed—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

114. Abettor present when offence is committed —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Same as for offence committed—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

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

 

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

 

If act causing harm be done in consequence —

 

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

 

Illustration

 

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

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 7 years and fine—According as offence abetted is cognizable or non-cognizable—non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

Para II: Punishment—Imprisonment for 14 years and fine—According as offence abetted is cognizable or non-cognizable—non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

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

 

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

 

If abettor or person abetted be a public servant whose duty it is to prevent offence —

 

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

 

Illustrations

 

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

 

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

 

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

 

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

 


 

CLASSIFICATION OF OFFENCE

 

Para I :—Punishment—Imprisonment extending to a quarter part of the longest term, provided for the offence, or fine, or both—According to offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

Para II: Punishment—Imprisonment extending to half of the longest term, provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

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

 

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

 

Illustration

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

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

 

Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life; voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design,

 

If offence be committed—if offence be not committed —

 

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

Illustration

 

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

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 7 years and fine—According as offence abetted is cognizable or non-cognizable—Non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years and fine—According as offence abetted is cognizable or non-cognizable—Bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

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

 

Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent; voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design;

 

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

 

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

 

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

 

Illustration

 

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

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment extending to half of the longest term provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court which offence abetted is triable—Non-compoundable.

 

Para II: Punishment—Imprisonment for 10 years—According as offence abetted is cognizable or non-cognizable—Non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

Para III: Punishment—Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—Bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 

120. Concealing design to commit offence punishable with imprisonment —

 

Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

 

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

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

Para II: Punishment—Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—Bailable—Triable by court by which offence abetted is triable—Non-compoundable.

 

 


 

CHAPTER VA - CRIMINAL CONSPIRACY

 

120A. Definition of criminal conspiracy —

 

When two or more persons agree to do, or cause to be done,—

 

(1) an illegal act, or

 

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

 

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

 

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

 

COMMENTS

 

(i) The prosecution is not required to prove that perpetrators agreed to do or cause to be done the illegal act; Mohammad Usman Mohammad Hussain Maniyar v. State of Maharashtra, AIR 1981 SC 162: (1981) SC Cr 381: (1981) Cr LJ 597.

 

(ii) The evidence as to transmission of thoughts sharing the unlawful design may be sufficient; Kehar Singh v. State (Delhi Admn.), (1989) Cr LJ 1: AIR 1988 SC 1883.

 

120B. Punishment of criminal conspiracy —

 

(1) Whoever is a party to a criminal conspiracy 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 Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

 

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

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Same as for abetment of the offence which is the object of the conspiracy—According as the offence which is the object of conspiracy is cognizable or non-cognizable—According as offence which is object of conspiracy is bailable or non-bailable—Triable by court by which abetment of the offence which is the object of conspiracy is triable—Non-compoundable.

 

Para II: Punishment—Imprisonment for six months or fine, or both—non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

CHAPTER VI - OF OFFENCES AGAINST THE STATE

 

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

 

Whoever, wages war against the 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.

 

Illustration

 

A joins an insurrection against the Government of India. A has committed the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Death or imprisonment for life and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

121A. Conspiracy to commit offences punishable by section 121 —

 

Whoever within or without India conspires to commit any of the offences punishable by section 121, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government , shall be punished with 1imprisonment for life, or with imprisonment of either description which may extend to ten years, 1and 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 make place in pursuance thereof.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

123. Concealing with intent to facilitate design to wage war —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by court of Session—Non-compoundable.

 

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

 

Whoever, with the intention of including or compelling the President of India, or the Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assault or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

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

 

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

 

Explanation 2— Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

COMMENTS

 

The offence of sedition under section 124A is the doing of certain acts which would bring the Government established by law in India into hatred or contempt, or create disaffection against it; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) Supreme Today 127.

 

 

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

 

Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India or attempts to wage such war, or 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine—Cognizable—Non-bailable—Triable by court of Session—Non-compoundable.

 

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine, and forfeiture of certain property—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

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

 

Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine, and forfeiture of certain property—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

129. Public servant negligently suffering such prisoner to escape —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

130. Aiding escape of, rescuing or harbouring such prisoner —

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 


 

CHAPTER VII - OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

 

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

 

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force 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.

 

Explanation — In this section the words "officer", "soldier", "sailor" and "airman" include any person subject to the Army Act, the Army Act, 1950 (46 of 1950, the Naval Discipline Act, the 1Indian Navy (Discipline) Act, 1934 (34 of 1934) 1the Air Force Act or 1the Air Force Act, 1950 (45 of 1950), as the case may be.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

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

 

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman in 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Death, or imprisonment for life, or imprisonment for 10 years and fine-Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

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

 

Whoever abets an assault by an 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 be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

135. Abetment of desertion of soldier, sailor or airman —

 

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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

136. Harbouring deserter —

 

Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of 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 a wife to her husband.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

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

 

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


 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine of 500 rupees—Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of 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 six months, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

138A. Application of foregoing sections to the Indian Marine Service —

 

Rep. by the Amending Act, 1934 (35 of 1934), sec. 2 and Sch..

 

 

139. Persons subject to certain Acts —

 

No person subject to the Army Act, the Army Act, 1950 (46 of 1950), or the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 (34 of 1934), the Air Force Act 1the Air Force Act, 1950 (45 of 1950), is subject to punishment under this Code for any of the offences defined in this Chapter.

 

 

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

 

Whoever, not being a soldier, sailor or airman, in the Military, Naval or 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 five hundred rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

CHAPTER VIII - OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

 

 

141. Unlawful assembly —

 

An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is—

 

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

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

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

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

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

 

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

 

 

142. Being member of unlawful assembly —

 

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

 

 

143. Punishment —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine, or both—cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 


 

144. Joining unlawful assembly armed with deadly weapon —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

146. Rioting —

 

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

 

 

147. Punishment for rioting —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 


 

Comments

 

The Sub-Inspector was pursuing investigation which is his duty and therefore it could not be said that while he was pursuing the investigation, it was in pursuance of an unlawful object and therefore no conviction could be passed under section 147; Maiku v. State of Uttar Pradesh, (1989) Cr LJ 860 : AIR 1989 SC 67.

 

 

148. Rioting, armed with deadly weapon —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

COMMENTS

 

There must be nexus between the common object and the offence committed and if it is found that the same was committed to accomplish the common object every member of the assembly will become liable for the same; Allauddin Mian Sharif Mian v. State of Bihar, (1989) Cr LJ 1466 : AIR 1989 SC 1456.

 

 

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

 

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for the offence—According as offence is cognizable or non-cognizable—According as offence is bailable or non-bailable—Triable by court by which the offence is triable—Non-compoundable.

 

COMMENTS

 

(i) It is well settled that once a membership of an unlawful assembly is established, it is not incumbent on the prosecution to establish whether any specific overt act has been assigned to any accused. Mere membership of the unlawful assembly is sufficient; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

 

(ii) Every member of an unlawful assembly is vicariously liable for the acts done by others either in the prosecution of the common object of the unlawful assembly or such which the members of the unlawful assembly knew were likely to be committed; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

 

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for a member of such assembly, and for any offence committed by any members of such assembly—Cognizable—According as offence is bailable or non-bailable—Triable by court by which the offence is triable—Non-compoundable.

 

 

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

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

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

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending 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 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.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

(1) Whoever—

 

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

 

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

 

(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence 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 religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

 

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

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Comments

 

(i) Mens rea is a necessary ingredient for the offence under section 153A of the Indian Penal Code; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today 127.

 

(ii) Publication of the words or representation is not necessary under section 153A of the Indian Penal Code; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) Supreme Today 127.

 

 

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

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine of 10,000 rupees—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

155. Liability of person for whose benefit riot is committed —

 

Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land, respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit 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 that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes p lace, 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, 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 from taking place and for suppressing and dispersing the same.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

157. Harbouring persons hired for an unlawful assembly —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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

 

Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in Section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,

 

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

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

159. Affray —

 

When two or more persons, by fighting in a public place, disturb the public peace, they are said to "commit an affray".

 

 

160. Punishment for committing affray —

 

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

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for one month, or fine of 100 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.


 

CHAPTER IX - OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

 

 

161 To 165A —

 

Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.

 

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

 

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

Illustration

 

A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

168. Public servant unlawfully engaging in trade —

 

Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

169. Public servant unlawfully buying or bidding for property —

 

Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 2 years, or fine, or both and confiscation of property, if purchased—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

170. Personating a public servant —

 

Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non Compoundable.

 

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

 

Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 months, or fine of 200 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

CHAPTER IXA - OF OFFENCES RELATING TO ELECTIONS

 

 

171A. "Candidate", "Electoral right" defined —

 

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 any election.

 

 

171B. Bribery —

 

(1) Whoever—

 

i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or

 

(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right; commits the offence of bribery:

 

Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.

 

(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

 

(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

 

 

171C. Undue influence at elections —

 

(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

 

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—

(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or

(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

 

(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

 

171D. Personation at elections —

 

Whoever at an election applied for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence or personation at an election.

 

171E. Punishment for bribery —

 

Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:

Provided that bribery by treating shall be punished with fine only.

 

Explanation — "Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both or if treating only, fine only—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 1 year, or fine, or both or if treating only, fine only—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

171G. False statement in connection with an election.—

 

Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

171H. Illegal payments in connection with an election —

 

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 five hundred rupees:

Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine of 500 rupees—Non cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

171I. Failure to keep election accounts —

 

Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine of 500 rupees—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 


 

CHAPTER X - OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

 

 

172. Absconding to avoid service of summons or other proceeding —

 

Whoever absconds in order to avoid being served with a summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons or notice or order is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place or any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed,  or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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

 

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place of time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Illustrations

 

(a) A, being legally bound to appear before the High Court at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

 

(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever, being legally bound to produce or deliver up any document of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the document is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Illustration

 

A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section.


 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by the Court in which the offence is committed, subject to the provisions of Chapter XXVI or, if not committed in a Court, any Magistrate—Non-compoundable.

 

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by the Court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed in a Court, any Magistrate—Non-compoundable.

 

 

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

 

Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898) with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para III: Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

177. Furnishing false information —

 

Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Illustrations

 

(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, 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 passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound under clause, 5, section VII, Regulation III, 1821, of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, 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 place in a different direction. Here A is guilty of the offence defined in the later part of this section.

 

Explanation —In section 176 and in this section the word "offence" includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word "offender" includes any person who is alleged to have been guilty of any such act.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by the court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed in a court, any Magistrate—Non-compoundable.

179. Refusing to answer public servant authorised to question —

 

Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by the court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed in a court, any Magistrate—Non-compoundable.

 

 

180. Refusing to sign statement —

 

Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 3 months, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by the court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed in a court, any Magistrate—Non-compoundable.

 

 

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

 

Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

 

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

 

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Illustrations

 

(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

 

(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

 

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 month or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

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

 

Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 month, or fine of 200 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

186. Obstructing public servant in discharge of public functions —

 

Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 


 

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

 

Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Simple imprisonment for 1 month, or the fine of 200 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Simple imprisonment for 6 months, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

188. Disobedience to order duly promulgated by public servant —

 

Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes to tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Explanation — It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

 

Illustration

 

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.


 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Simple imprisonment for 1 month, or fine of 200 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

189. Threat of injury to public servant —

 

Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 


 

CHAPTER XI - OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

 

 

191. Giving false evidence —

 

Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

 

Explanation 1 —A statement is within the meaning of this section, whether it is made verbally or otherwise.

 

Explanation 2 —A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

 

Illustrations

 

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.

 

(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.

 

(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.

 

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.

 

(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.

 

 


 

192. Fabricating false evidence —

 

Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said "to fabricate false evidence".

 

Illustrations

 

(a) A, puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.

 

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.

 

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to search. A has fabricated false evidence.

 

193. Punishment for false evidence —

 

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

Explanation 1 — A trial before a Court-martial; is a judicial proceeding.

 

Explanation 2 — An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Illustration

 

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

 

Explanation 3— An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Illustration

 

A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by any Magistrate.

 

 

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

 

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India 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;

 

if innocent person be thereby convicted and executed — and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Non-cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Para II: Punishment—Death or as above—Non-cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not 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

 

A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for the offence—Non-cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

196. Using evidence known to be false —

 

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for the giving or fabricating false evidence—Non-cognizable—According as offence of giving such evidence is bailable or non-bailable—Triable by court by which offence of giving or fabricating false evidence is triable—Non-compoundable.

 

 

197. Issuing or signing false certificate —

 

Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for the giving or fabricating false evidence—Non-cognizable—Bailable.—Triable by court by which offence of giving false evidence is triable—Non-compoundable.

 

 

198. Using as true a certificate known to be false —

 

Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.


 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for the giving or fabricating false evidence—Non-cognizable—Bailable—Triable by Court by which offence of giving false evidence is triable—Non-compoundable.

 

 

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

 

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or 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 if he gave false evidence.

 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for the giving or fabricating false evidence—Non-cognizable-Bailable—Triable by court by which offence of giving false evidence is triable—Non-compoundable.

COMMENTS

 

No specific averment in the complaint that certain averments in the affidavit before Rent Control Officer are false complaint cannot be held as maintainable; Chandrapal Singh v. Maharaj Singh, AIR 1982 SC 1236.

 

 

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

 

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

 

Explanation — A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.

 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for giving or fabricating false evidence—Non-cognizable—Bailable—Triable by court by which offence of giving false evidence is triable—Non-compoundable.

 

 


 

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

 

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;

 

If a capital offence.—shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

If punishable with imprisonment for life.—and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

 

If punishable with less than ten years’ imprisonment.—and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

 

Illustration

 

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 7 years and fine—According as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable—Bailable—Triable by Court of Session—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para III: Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine or both—Non-cognizable—Bailable—Triable by court by which the offence is triable—Non-compoundable.

 

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

 

Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

COMMENTS

 

Assuming that the prosecution has not positively proved that the death was homicidal yet from the medical evidence it is clear that it was not a natural death and consequently the death should at least be noted as one of suicide. Even in the cause of suicide an offence of abetment punishable under section 306 is inherent. Therefore, even in the case of suicide there is an obligation on the person who knows or has reason to believe that such a suicidal death has occurred, to give information; Bhagwan Swarup v. State of Rajasthan, (1991) Cr LJ 3123 (3133) (SC).

 

 

203. Giving false information respecting an offence committed —

 

Whoever knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Explanation.— In sections 201 and 202 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, 302, 304, 382, 392 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

204. Destruction of document to prevent its production as evidence —

 

Whoever secretes or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obligates or renders illegible the whole or any part of such document with the intention of prevention the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

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

 

Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

 

 

207. Fraudulent claim to property to prevent its seizure as forfeited or in execution —

 

Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

208. Fraudulently suffering decree for sum not due —

 

Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum that is due to such person or for any property or interest 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 fine, or with both.

 

Illustration

 

A institutes a suit against Z. Z knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

 

209. Dishonestly making false claim in Court —

 

Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

210. Fraudulently obtaining decree for sum not due —

 

Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

211. False charge of offence made with intent to injure —

 

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para III: Punishment—Imprisonment for 7 years, and fine—Non-cognizable—Bailable—Triable by Court of Session—Non-compoundable.

 

 

212. Harbouring offender —

 

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment;

 

if a capital offence.—shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine;

 

if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

 

"Offence" in this section includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.

Exception —This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.

 

Illustration

 

A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 5 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

 

Para III: Punishment—Imprisonment for a quarter of the longest term, and of the description, provided for the offence, or fine, or both—Cognizance—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment,

 

if a capital offence — shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

if punishable with imprisonment for life, or with imprisonment — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten, or with years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

 

Para III: Punishment—Imprisonment for a quarter of the longest term, provided for the offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

214. Offering gift or restoration of property in consideration of screening offender —

 

Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

 

if a capital offence.—shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

 

Exception — The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years and fine-—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para III: Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 


 

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

 

Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody; or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours of conceals that person which the intention of preventing him from being apprehended, shall be punished in the manner following that is to say: —

 

if a capital offence.—if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

if punishable with imprisonment for life, or with imprisonment.—if the offence is punishable with 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; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both.

 

"Offence" in this section includes also any act or omission of which a person 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 be punishable as if the accused person had been guilty of it in India.

 

Exception — This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.


 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years, with or without fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para III: Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

216A. Penalty for harbouring robbers or dacoits —

 

Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

 

Explanation — For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.

 

Exception — This provision does not extend to the case in which the harbour is by the husband or wife of the offender.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

216B. Definition of "harbour" in sections 212, 216 and 216A —

 

Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), sec. 3.

 

 

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

 

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is 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 punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years, or fine, or both—Non-Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, being in any office which gives him legal authority to commit persons for trial or to commitment, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:—

 

with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 7 years, with or without fine—According as the offence in relation to which such omission has been made in cognizable or non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years, with or without fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para III: Punishment—Imprisonment for 2 years, with or without fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:—

 

with imprisonment 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 confinement, or who ought to have been apprehended, is under sentence of death; or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years or upwards; or 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 of Justice, to imprisonment for a term not exceeding to ten years or if the person was lawfully committed to custody.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for life, or imprisonment for 14 years, with or without fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Para II: Punishment—Imprisonment for 7 years, with or without fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para III: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

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

 

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from 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 which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

225. Resistance or obstruction to lawful apprehension of another person —

 

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or, if the person to be apprehended, or the person attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for life or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para III & IV: Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class.

 

Para V: Punishment—Imprisonment for life or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session.

 

 


 

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

 

Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished—

 

(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and

 

(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate.

 

 

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

 

Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

226. Unlawful return from transportation —

 

Rep. by the Code of Criminal Procedure (Amendment) Act, 1995 (26 of 1995), sec. 117 and Sch. (w.e.f. 1-1-1956).

 

 


 

227. Violation of condition of remission of punishment —

 

Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Punishment of original sentence, or if part of the punishment has been undergone, the residue—Cognizable—Non-bailable—Triable by the court by which the original offence was triable—Non-compoundable.

 

 

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

 

Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple Imprisonment for 6 months, or fine of 1,000 rupees or both—Non-cognizable—Bailable—Triable by the Court in which the offence is committed, subject to the provisions of chapter XXVI—Non-compoundable.

 

 

229. Personation of a juror or assessor —

 

Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.


 

CHAPTER XII - OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

 

 

230. "Coin" defined —

 

Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.

 

Indian coin —Indian coin is metal stamped and issued by the authority of the Government of India in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.

 

Illustrations

 

(a) Cowries are not coin.

 

(b) Lumps of unstamped copper, though used as money, are not coin.

 

(c) Medals are not coin, in as much as they are not intended to be used as money.

 

(d) The coin denominated as the Company’s rupee is Indian coin.

 

(e) The "Farukhabad rupee" which was formerly used as money under the authority of the Government of India is Indian coin although it is no longer so used.

 

 

231. Counterfeiting coin —

 

Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

Explanation — A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 


 

232. Counterfeiting Indian coin –

 

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting Indian coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

233. Making or selling instrument for counterfeiting coin —

 

Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

234. Making or selling instrument for counterfeiting Indian coin —

 

Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting Indian coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

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

 

Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

If Indian coin —and if the coin to be counterfeited is Indian coin, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever, being within India, abets the counterfeiting of coin out of India, shall be punished in the same manner as if he abetted the counterfeiting of such coin within India.

 

CLASSIFICATION OF OFFENCE

 

Punishment—The punishment provided for abetting the counterfeiting of such coin within India—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

237. Import or export of counterfeit coin —

 

Whoever imports into India, or exports therefrom, any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

238. Import or export of counterfeits of the India coin —

 

Whoever imports into India, or exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of Indian coin, shall be punished with imprisonment 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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

 

Whoever, having any counterfeit coin, which at the time when he became possessed of it knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, having any counterfeit coin which is a counterfeit of Indian coin, and which, at the time when he became possessed of it, he knew to be a counterfeit of Indian coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both.

 

Illustration

 

A, a coiner, delivers counterfeit Company’s rupees to his accomplice B, for the purpose of uttering them. B sells the rupees to C, another utterer,

 

 


 

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

 

Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of Indian coin, having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, being employed in any mint lawfully established in India, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 


 

245. Unlawfully taking coining instrument from mint —

 

Whoever, without lawful authority, takes out of any mint, lawfully established in India, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

Explanation — A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.

 

CLASSIFICATION OF OFFENCE

 

Punishment-Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

Whoever fraudulently or dishonestly performs on any Indian coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever performs on any Indian coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 247 or 249 has been committed, having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or 10 times the value of the coin—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

 

255. Counterfeiting Government stamp —

 

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

Explanation — A person commits this offence who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years, and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

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

 

Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

257. Making or selling instrument for counterfeiting Government stamp —

 

Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

258. Sale of counterfeit Government stamp —

 

Whoever, sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

259. Having possession of counterfeit Government stamp —

 

Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable by
Magistrate of the first class—Non-compoundable.

 

 

260. Using as genuine a Government stamp known to be a counterfeit —

 

Whoever uses as genuine any stamp, knowing it to be counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

262. Using Government stamp known to have been before used —

 

Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

 

 

263. Erasure of mark denoting that stamp has been used —

 

Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by the Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

263A. Prohibition of fictitious stamps —

 

(1) Whoever—

 

(a) makes, knowingly utters, deals in or sells any fictitious stamps, or knowingly uses for any postal purpose any fictitious stamp, or

 

(b) has in his possession, without lawful excuse, any fictitious stamp, or

 

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees.

 

(2) Any such stamps, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and, if seized shall be forfeited.

 

(3) In this section "fictitious stamp" means any stamp falsely purporting to be issued by the Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

 

4) In this section and also in sections 255 to 263, both inclusive, the word "Government", when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorized by law to administer executive government in any part of India, and also in any part of Her Majesty’s dominions or in any foreign country.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine of 200 rupees—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

 

 

CHAPTER XIII - OF OFFENCES RELATING TO WEIGHTS AND MEASURES

 

264. Fraudulent use of false instrument for weighing —

 

Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

265. Fraudulent use of false weight or measure.—

 

Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.


 

266. Being in possession of false weight or measure —

 

Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

267. Making or selling false weight or measure —

 

Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

 

 

CHAPTER XIV - OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

 

 

268. Public nuisance —

 

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 people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

 

A common nuisance is not excused on the ground that it causes some convenience or advantage.

 

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

 

Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

271. Disobedience to quarantine rule —

 

Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

272. Adulteration of food or drink intended for sale —

 

Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.


 

STATE AMENDMENTS

 

State of Uttar Pradesh:

 

In sections 272, 273, 274, 275 and 276 for the words "shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both" the following shall be substituted, namely: —

 

"shall be punished with imprisonment for life and shall also be liable to fine:

Provided that the court may, for adequate reason to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life."

Vide: U.P. Act No. 47 of 1975.

 

State of West Bengal:

 

In its application to the State of West Bengal in sections 272, 273, 274, 275 and 276 for the words "of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both" the following shall be substituted, namely:—

 

"for life with or without fine:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life."

Vide: W.B. Act No. 42 of 1973 (w.e.f. 29-4-1973).

See State amendments under section 272.

 

 

273. Sale of noxious food or drink —

 

Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

274. Adulteration of drugs —

 

Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medical purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

See State amendments under section 272.

 

 

275. Sale of adulterated drugs —

 

Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

See State amendments under section 272.

 

276. Sale of drug as a different drug or preparation —

 

Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

See State amendments under section 272.

 

277. Fouling water of public spring or reservoir —

 

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

278. Making atmosphere noxious to health —

 

Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons is general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine of 500 rupees—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

279. Rash driving or riding on a public way —

 

Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

280. Rash navigation of vessel —

 

Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

281. Exhibition of false light, mark or buoy —

 

Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or as 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 one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

283. Danger or obstruction in public way or line of navigation —

 

Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine of 200 rupees—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

284. Negligent conduct with respect to poisonous substance —

 

Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

285. Negligent conduct with respect to fire or combustible matter —

 

Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

286. Negligent conduct with respect to explosive substance —

 

Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

287. Negligent conduct with respect to machinery —

 

Whoever does, with any machinery, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

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

 

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

289. Negligent conduct with respect to animal —

 

Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Fine of 200 rupees—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

291. Continuance of nuisance after injunction to discontinue —

 

Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 6 months, or fine, or both—Cognizable-Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

(2) Whoever—

 

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or

 

(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or

 

(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported,
exported, conveyed, publicly exhibited or in any manner put into circulation, or

 

(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or

 

(e) offers or attempts to do any act which is an offence under this section,

 

shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.

 

Exception — This section does not extend to—

 

(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure—

 

(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art of learning or other objects of general concern, or

 

(ii) which is kept or used bona fide for religious purposes;

 

(b) any representation sculptured, engraved, painted or otherwise represented on or in—

(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or

 

(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.


 

CLASSIFICATION OF OFFENCE

 

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

 

Whoever, —

 

(a) prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail; or

 

(b) sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or

 

(c) conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire distributed or publicly exhibited or in any manner put into circulation; or

 

(d) takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased; or

 

(e) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any Act which is an offence under this section, or that any such newspaper, periodical, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail, can be procured from or through any person; or

 

(f) offers or attempts to do any act which is an offence under this section *shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both:

 

Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months *and not more than two years.

 

Explanation I — For the purposes of this section, the word scurrilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person:

 

Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of—

(i) a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; or

 

(ii) any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further.

 

Explanation II.—In deciding whether any person has committed an offence under this section, the court shall have regard inter alia, to the following considerations—

 

(a) The general character of the person charged, and where relevant the nature of his business;

 

(b) the general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail;

 

(c) any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section.

 

Vide T.N. Act No. 25 of 1960.

*Subs. by T.N. Act No. 30 of 1984

 

 

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

 

Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with
imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees.

 

CLASSIFICATION OF OFFENCE

Punishment—O

 

 

294. Obscene acts and songs —

 

Whoever, to the annoyance of others—

 

(a) does any obscene act in any public place, or

 

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,

shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 months, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

294A. Keeping lottery office —

 

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.

 

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.

 

STATE AMENDMENTS

 

State of Andhra Pradesh:

 

In Andhra Pradesh, section 294-A repealed.

Vide Andhra Pradesh Act No. 16 of 1968, section 27.

 

State of Gujarat:

 

In Gujarat, section 294-A repealed.

Vide Bombay Act No. 82 of 1958.

 

State of Karnataka:

 

In Karnataka area except Bellary District, section 294-A repealed.

Vide Karnataka Act No. 27 of 1957.

 

State of Maharashtra:

In Maharashtra, section 294-A repealed.

Vide Bombay Act No. 82 of 1958.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Para II: Punishment—Fine of 1,000 rupees—Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

CHAPTER XV - OF OFFENCES RELATING TO RELIGION

 

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

 

Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

296. Disturbing religious assembly —

 

Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 


 

297. Trespassing on burial places, etc.—

 

Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sculpture, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places, any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compounded by the person whose religious feelings are intended to be wounded.

 

 

CHAPTER XVI - OF OFFENCES AFFECTING THE HUMAN BODY

 

Of Offences affecting Life

 

299. Culpable homicide —

 

Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

 

Illustrations

 

(a) A lays sticks and turf over a pit, with the intention of 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 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 that he knew was likely to cause death.

 

Explanation I — A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

 

Explanation 2 — Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.

 

Explanation 3 — The causing of the death of child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.

 

COMMENTS

 

(i) "Culpable homicide" is genus, and "murder" is the specie. All "murder" is culpable homicide but not vice-versa; Narasingh Challan v. State of Orissa, (1997) 2 Crimes 78 (Ori).

 

(ii) The assault for murder cannot be said to be sudden and without meditation as the deceased was not armed; State of Maharashtra v. Krishna Murti Lazmipatti Naidu, AIR 1981 SC 617 : (1981) SC Cr R 398 (1981) Cr LJ 9 : (1981) SCC (Cr) 354.

 

 

300. Murder —

 

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—

 

Secondly — If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—

 

Thirdly — If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or—

 

Fourthly — If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.


 

Illustrations

 

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

 

(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.

 

(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z’s death.

 

(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.

 

Exception 1 When culpable homicide is not murder.—Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

 

The above exception is subject to the following provisos: —

 

First — That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

 

Secondly — That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

 

Thirdly — That the provocation is not given by anything done in the lawful exercise of the right of private defence.

 

Explanation — Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Illustrations

(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.

 

(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.

(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers.

 

(d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.

 

(e) A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defence.

 

(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.

 

Exception 2 — Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

 

Illustration

 

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.

 

Exception 3 — Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

 

Exception 4 — Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.

 

Explanation — It is immaterial in such cases which party offers the provocation or commits the first assault.

 

Exception 5 — Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.


 

Illustration

 

A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.

Comments

 

(i) In case where there was no intention to cause death, the act was done with knowledge that same is likely to cause death, the guilt of offence comes under part II of sec. 304; S.D. Soni v. State of Gujarat, (1991) Cr LJ 330 (SC).

 

(ii) In absence of intention to cause particular injury likely to cause death conviction comes under part II of sec. 304; Randhir Singh v. State of Punjab, AIR 1982 SC 55 (1981) Cr LR (SC) 543: (1981) 4 SCC 484.

 

(iii) When there was no evidence as to how death came about, evidence relating to charge of murder was held to be insufficient and unacceptable; Kedar Nath v. State of Madhya Pradesh, (1991) Cr LJ 989 (SC).

 

(iv) When in case of murder complaint filed after a month of incident and witnesses, statement recorded after 9 months, conviction cannot be founded; State of West Bengal v. Shew Mangal Singh, AIR 1981 SC 1917: (1981) Cr LJ 1683: (1981) SCC (Cr) 782 : (1981) Cr LR (SC) 501 : (1981) 4 SCC 2.

 

(v) Circumstances that accused were in possession of buffaloes belonging to deceased cannot lead to hold accused guilty of murder; Joga Gola v. State of Gujarat, AIR 1982 SC 1227: (1982) SCC (Cr) 141.

 

(vi) When accused had no intention to cause injury on non-vital part of body which was sufficient to cause death in ordinary course of nature, illustration (c) of section 300 is not applicable; Gokul Parashram Patil v. State of Maharashtra, AIR 1981 SC 1441: (1981) Cr LJ 1033.

 

(vii) The totality of the injuries caused to the victim clearly supports the finding of both the courts below that the accused/appellants went on belabouring the deceased till he died on the spot. In the circumstances, the contention that the accused did not intend to cause the murder of the deceased cannot be upheld by the Supreme Court; Prabhu v. State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC).

 

(viii) Having regard to the number of injuries inflicted on the deceased it was not possible to uphold the contention that there was no intention to kill; Prabhu v. State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC).

 

(ix) The establishment of the involvement of the accused on the incident and misgiving of a barchhi blow to the grandson of the deceased when he tried to go to the rescue of his grand-father, is sufficient to convict the accused under section 300 read with section 34; Banta Singh v. State of Punjab, (1991) Cr LJ 1342 (SC).

(x) It is fallacious to contend that when death is caused by a single blow clause thirdly is not attracted and, therefore, it would not amount to murder. The ingredient ‘intention’ in that clause gives clue in a given case whether offence involved is murder or not; Jai Prakash v. The State (Delhi Administration), (1991) 1 Crimes 474 (SC).

 

(xi) The number and nature of injuries may furnish good evidence to consider whether the accused had exceeded the right to private defence; Patori Devi v. Amar Nath, (1988) Cr LJ 836: AIR 1988 SC 560.

 

(xii) Circumstantial evidence is not sufficient to convict accused when possibility of deceased receiving fatal injury by fall cannot be ruled out; State of Rajasthan v. Smt. Kamla, (1991) Cr LJ 602 (SC).

 

(xiii) In case of murder in which the conclusion of guilt is drawn by prosecution it must be fully established beyond all reasonable doubt and consistent with the guilt of the accused; S.D. Soni v. State of Gujarat, (1991) Cr LJ 330 (SC).

 

(xiv) Infliction of the injury on the vital part of the body with the agricultural instrument by the enraged accused in a sudden quarrel—Held, accused did not cause the injury intentionally; Patel Rasiklal Becharbhai v. State of Gujarat, AIR 1992 SC 1150.

 

(xv) (1) The test of "grave and sudden" provocation is whether a reasonable man, belonging to the same class of society as the accused, placed in the situation in which the accused was placed would be so provoked as to lose his self-control. (2) In India, words and gestures may also, under certain circumstances, cause grave and sudden provocation to an accused so as to bring his act within the First Exception to Section 300. (3) The mental background created by the previous act of the victim may be taken into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence. Venkatesan v. State of Tamil Nadu, (1997) 3 Crimes 146 (Mad).

 

(xvi) Mere sudden quarrel would not entitle the accused to seek for Exception 4 to section 300; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2 Crimes 185 (Mad).

 

(xvii) To invoke Exception 4 to section 300, four requirements must be satisfied, namely (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in a heat of passion; and (iv) the assailant had not taken any undue advantage or acted in a cruel manner... The number of wounds caused during the occurrence is not a decisive factor but what is important is that the occurrence must have been sudden and unpremeditated and the offender must have acted in a fit of anger. Of course, the offender must not have taken any undue advantage or acted in a cruel manner. Where, on a sudden quarrel, a person in the heat of the moment picks up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of this Exception provided he has not acted cruelly; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2 Crimes 185 (Mad).

 

(xviii) Where a mutual conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, it will not be correct to assume private defence for both sides. Such a case will be a case of sudden fight and conflict and has to be dealt with under Exception 4 to section 300 of the Code; Januram v. State of Madhya Pradesh, (1997) 2 Crimes 582 (MP).

 

 

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

 

If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

 

COMMENTS

 

Accused is punishable for murder under doctrine of transfer of malice under section 301 of the Code when he aimed at one and killed another person; Jagpal Singh v. State of Punjab, (1991) Cr LJ 597 (SC).

 

 

302. Punishment for murder —

 

Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Death, or imprisonment for life, and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

COMMENTS

 

(i) When ocular evidence in murder case is unreliable benefit of doubt to be given to all accused; Chandu Bhai Shana Bhai Parmar v. State of Gujarat, AIR 1982 SC 1022 : (1981) SCC (Cr) 682.

 

(ii) The facts taken cumulatively form a chain so complete that there is no escape from the conclusion that within all human probability the murder was committed by the appellant and none else; Daya Ram v. The State (Delhi Administration, (1988) Cr LJ 865: AIR 1988 SC 615.

 

(iii) Provisions of death sentence being an alternative punishment for murder is not unreasonable; Bachhan Singh v. State of Punjab, AIR 1980 SC 898: (1980) 2 SCC 864: (1980) Cr LJ 636 : (1980) Cr LR (SC) 388: 1980 (2) SCJ 475.

 

(iv) In case where facts and circumstances from which conclusion of guilt was sought to be drawn by prosecution was not established beyond reasonable doubt the conviction under section 302 read with section 34 and under section 392 had to be quashed; Hardyal and Prem v. State of Rajasthan, (1991) Cr LJ 345 (SC).

 

(v) Accused committed murder in professional manner with planned motivation, accused deserved no sympathy even when the accused had no personal motive; Kuljeet Singh v. Union of India, AIR 1981 SC 1572: (1981) Cr LJ 1045: (1981) Cr LR (SC) 328.

 

(vi) In dowry deaths motive for murder exists and what is required of Courts is to examine as to who translated it into action as motive viz., whether individual or family; Ashok Kumar v. State of Rajasthan, (1991) 1 Crimes 116 (SC).

 

(vii) Crime of murder committed against public servant doing official duties must be discouraged and dealt with firm hand; Gayasi v. State of Uttar Pradesh, AIR 1981 SC 1160: (1981) ALJ 441: (1981) Cr LJ 883: (1981) SCC (Cr) 590: (1981) Cr App. R (SC) 385: (1981) 2 SCC 713.

 

(viii) Fatal injury caused by the accused in broad day light, evidence of the eye witness and medical evidence being corroborative, conviction under section 302, held, sustainable; Wazir Singh v. State of Haryana, AIR 1992 SC 1429.

 

(ix) It is well settled that if the evidence of the eye-witnesses are held to be reliable and inspire confidence then the accused cannot be acquitted solely on the ground that some superficial injuries found on the person of the accused concerned, had not been explained by the prosecution; A.M. Kunnikoya v. State of Kerala, 1993 (1) Crimes 1192 (SC).

 

(x) Conviction can be based on testimony of a single eye witness provided his testimony is found reliable and inspires confidence; Anil Phukan v. State of Assam, 1993 (1) Crimes 1180 (SC).

 

(xi) When the appellant dealt a severe knife blow on the stomach of deceased without provocation and when deceased was unarmed and had already been injured by co-accused the appellant cannot be held that he had no intention to cause a murderous assault by mere fact that only one blow was inflicted; Nashik v. State of Maharashtra, 1993(1) Crimes 1197 (SC).

 

(xii) In cases depending on circumstantial evidence it is true that the chain of events proved by the prosecution must show that within all human probability the offence has been committed by the accused, but the court is expected to consider the total cumulative effect of all the proved facts along with the motive suggested by the prosecution which induced the accused to follow a particular path; Sarbir Singh v. State of Punjab, 1993(1) Crimes 616 (SC).

 

(xiii) Non-explanation of the injuries on the person of the accused by the prosecution may not affect the prosecution case if the injuries sustained by the accused are minor or superficial or where the evidence produced by the prosecution is clear and cogent and is of independent and dis-interested persons and is consistent with credit worthiness; Sawai Ram v. State of Rajasthan, (1997) 2 crimes 148 (Raj).

 

(xiv) Two offences under section 302 and section 306 of the Indian Penal Code are of distinct and different categories; Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214.

 

(xv) The basic constituent of an offence under section 302, is homicidal death; Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214.

 

 

303. Punishment for murder by life-convict —

 

Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

CLASSIFICATION OF OFFENCE

 

Punishment—Death—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

304. Punishment for culpable homicide not amounting to murder —

 

Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Para II: Punishment—Imprisonment for 10 years, or fine, or both—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

COMMENTS

 

(i) Before an accused is held guilty and punished under first part or second part of section 304 a death must have been caused by the assailant under any of the circumstances mentioned in the five exceptions to section 300; Harendra Nath Mandal v. State of Bihar, 1993(1) Crimes 984 (SC).

 

(ii) Out of the three accused persons, one of the accused person gave a fatal blow on the head of the deceased, the other accused person injured the deceased by spear on his knee and arm. First accused person is liable to be convicted under part I of section 304. The other accused person is liable to be convicted under section 324 as section 34 has not been applied after setting aside conviction under section 147 of the Indian Penal Code; Kedar Prasad v. State of Madhya Pradesh, AIR 1992 SC 1629.

(iii) Where there was absence of prior enmity with deceased and intention accused was sentenced under section 304, part II and not under section 302; Rajju v. State of Uttar Pradesh, (1994) Cr LJ 105 (All).

 

(iv) Whether the plea of drunkenness can be taken as defence for claiming acquittal or for lessening sentence depends upon ‘intention’ and ‘knowledge’ of the accused; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

 

 

304A. Causing death by negligence —

 

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 two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Comments

 

In order to impose criminal liability on the accused, it must be found as a fact that collusion was entirely or mainly due to the rashness or negligence; Munile Sao v. State of Bihar (1997) 3 Crimes 200 (Pat).

 

 

304B. Dowry death —

 

(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 purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

 

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment of not less than 7 years but which may extend to imprisonment for life—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.


 

COMMENTS

 

Section 304B is a substantive provision creating a new offence and not merely a provision effecting a change in procedure for trial of a pre-existing substantive offence. As a consequence, accused cannot be tried and punished for the offence of dowry death provided in section 304-B of the Code with the minimum sentence of seven years’ imprisonment for an act done by them prior to creation of the new offence of dowry death; Soni Devrajbhai Babubhai v. State of Gujarat, 1991 Cr LJ (313) (SC).

 

 

305. Abetment of suicide of child or insane person —

 

If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Death, or imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

306. Abetment of suicide —

 

If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Comments

 

(i) To attract the ingredients of abetment, the intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary; Pallem Deniel Victoralions Victor Manter & Ors. v. State of Andhra Pradesh, (1997) 1 Crimes 499 (AP).

 

(ii) Two offences under section 302 and section 306 of the Indian Penal Code are of distinct and different categories; Sangarabonia Sreenu v. State of Andhra Pradesh (1997) 4 Supreme 214.

 

The basic constituents of an offence under section 306, IPC are suicidal death and abetment thereof; Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214.

 

307. Attempt to murder —

 

Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

 

Attempts by life convicts —

 

When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

 

Illustrations

 

(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section.

 

(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensure.

 

(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of the first paragraph of this section.

 

(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servant to place it on Z’s table. A has committed the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Para II: Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Para III: Punishment—Death, or imprisonment for 10 years and fine—Cognizable—Non—bailable—Triable by Court of Session—Non-compoundable.

 


 

COMMENTS

 

(i) If a person who does an act with intention or knowledge that if by that act caused death, he will be guilty of murder; Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom).

 

(ii) The question of intention to kill or the knowledge of death in terms of section 307, is a question of fact and not one of law. It would all depend on the facts of a given case; Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom).

 

(iii) The important thing to be borne in mind in determining the question whether an offence under section 307, is made out is the intention and not the injury (even if simple or minor); Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom).

 

(iv) It is not necessary that injury, capable of causing death, should have been inflicted. What is material to attract, the provisions of section 307 is the guilty intention or knowledge with which the all was done, irrespective of its result. The intention and knowledge are the matters of inference from totality of circumstances and cannot be measured merely from the results; Ansarudin v. State of Madhya Pradesh, (1997) 2 Crimes 157 (MP).

 

(v) The intention of knowledge of the accused must be such as is necessary to constitute murder; Hari Kishan and State of Haryana v. Sukhbir Singh, (1989) Cr LJ 116: AIR 1988 SC 2127.

(vi) When in the absence of intention accused fired shot causing simple injury to victim, conviction under Section 324 instead of under section 307 justified; Kundan Singh v. State of Punjab, AIR 1982 SC 62.

 

(vii) When only one accused out of six being members of unlawful assembly armed with deadly weapon fired shots causing injuries falling under section 307, conviction under section 307 justified; Tukaram Dayamu Gurav v. State of Maharashtra, AIR 1982 SC 59: (1982) Cr LJ 199.

 

 

308. Attempt to commit culpable homicide —

 

Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not 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 which may extend to seven years, or with fine, or with both.

 

Illustration

 

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.


 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Para II: Punishment—Imprisonment for 7 years, or fine, or both Cognizable—Non-Bailable—Triable by Court of Session—Non-compoundable.

 

 

309. Attempt to commit suicide —

 

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 1 year, or fine or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

COMMENTS

 

The Supreme Court has set aside its earlier judgment in P. Rathinam/ Nagbhushan Patnaik v. Union of India, JT 1994 (3) SC 392, wherein the Court had struck down section 309 as unconstitutional. In a country where one-half of its population still live below the poverty line, the right to die by suicide cannot be granted to any person. Article 21 of the Constitution, which gives right to life and personal liberty, by no stretch of imagination can be said to impliedly include right to death by committing suicide. The section is also not violative of Article 14. There is no requirement of awarding any minimum sentence. The sentence of imprisonment or fine is not compulsory but discretionary; Smt. Gian Kaur v. The State of Punjab, JT 1996 (3) SC 339.

 

 

310. Thug —

 

Whoever, at any time after the passing of this Act, shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with murder, is a thug.

 

 

311. Punishment —

 

Whoever is a thug, shall be punished with imprisonment for life, and shall also be liable to fine.

 


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

 

Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births

 

 

312. Causing miscarriage —

 

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

Explanation —A woman who causes herself to miscarry, is within the meaning of this section.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 3 years, or fine or both—Non-cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

313. Causing miscarriage without woman’s consent —

 

Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 


 

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

 

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 may extend to ten years, and shall also be liable to fine;

 

If act done without woman’s consent — And if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above mentioned.

 

Explanation — It is not essential to this offence that the offender should know that the act is likely to cause death.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Para II: Punishment—Imprisonment for life, or as above—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years, or fine, or both—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


 

Illustration

 

A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever being the father or mother of a child under the age of twelve years, 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.

 

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 exposure.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

318. Concealment of birth by secret disposal of dead body —

 

Whoever, by secretly burying or otherwise disposing of the death body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 


 

Of Hurt

 

319. Hurt —

 

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

 

 

320. Grievous hurt —

 

The following kinds of hurt only are designated as "grievous": —

First — Emasculation.

Secondly — Permanent privation of the sight of either eye.

Thirdly — Permanent privation of the hearing of either ear,

Fourthly — Privation of any member or joint.

Fifthly.—  Destruction or permanent impairing of the powers of any member or joint.

Sixthly — Permanent disfiguration of the head or face.

Seventhly — Fracture or dislocation of a bone or tooth.

Eighthly — Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

 

 

321. Voluntarily causing hurt —

 

Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt".

 

 

322. Voluntarily causing grievous hurt —

 

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."

 

Explanation —A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.

 

Illustration

 

A, intending or knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which cause Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.

 

323. Punishment for voluntarily causing hurt —

 

Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compounded by the person to whom the hurt is caused.

 

 

324. Voluntarily causing hurt by dangerous weapons or means —

 

Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any
instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

 

 

325. Punishment for voluntarily causing grievous hurt —

 

Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years, and fine—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

 

COMMENTS

 

The act of squeezing the testicles of a person would be an offence of causing grievous hurt; State of Karnataka v. Shivalingaiah, (1988) Cr LJ 394 : AIR 1988 SC 115.

 

326. Voluntarily causing grievous hurt by dangerous weapons or means—

 

Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 


 

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

 

Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or 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 be liable to fine.

 

Illustrations

 

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A 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.

 

(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

334. Voluntarily causing hurt on provocation —

 

Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 month, or fine of 500 rupees, or both—Non-congnizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom the hurt is caused.

 

 

335. Voluntarily causing grievous hurt on provocation —

 

Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.

 

Explanation— The last two sections are subject to the same provisos as Explanation 1, section 300.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 4 years, or fine of 2000 rupees, or both—Cognizable-Bailable—Triable by Magistrate of the first class—Compoundable by the person to whom hurt is caused with the permission of the court.

 

 

336. Act endangering life or personal safety of others —

 

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 months, or fine of 250 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

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

 

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 6 months, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

 

 

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

 

Whoever causes grievous hurt to any person to doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

 

Of Wrongful Restraint and Wrongful Confinement

 

 

339. Wrongful restraint —

 

Whoever voluntarily obstructs any person so as to prevent that person from 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.

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.

 

340. Wrongful confinement —

 

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person.

Illustrations

(a) A causes Z to go within a walled space, and locks Z in. A is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.

 

(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

341. Punishment for wrongful restraint —

 

Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person restrained or confined.

 

 

342. Punishment for wrongful confinement —

 

Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person restrained or confined.

 

 

343. Wrongful confinement for three or more days —

 

Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person confined with the permission of the court.

 

 

344. Wrongful confinement for ten or more days —

 

Whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person confined with the permission of court.

 

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

 

Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years in addition to imprisonment under any other section—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

346. Wrongful confinement in secret —

 

Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, in addition to imprisonment under any other section—Cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person confined with the permission of the court.

 

 

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

 

Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 


 

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

 

Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may 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 valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

Of Criminal Force and Assault

 

 

349. Force —

 

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described.

 

First — By his own bodily power.

 

Secondly — By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person.

 

Thirdly — By inducing any animal to move, to change its motion, or to cease to move.

 

 

350. Criminal force —

 

Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.


 

Illustrations

 

(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing 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 Z has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.

 

(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an offence. A has used criminal force to Z.

 

(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.

 

(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z’s clothes. A has used force to Z; and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has criminal force by Z.

 

(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.

 

(g) Z is bathing, A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with that water so situated that such contact must affect Z’s sense of feeling ; A has therefore intentionally used force to Z ; and 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 cause injury, fear or annoyance to Z, he uses criminal force to Z.

 

 

351. Assault —

 

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

 

Explanation — Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault.

 

Illustrations

 

(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z, A has committed an assault.

 

(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

 

(c) A takes up a stick, saying to Z, "I will give you a beating". Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault.

 

 

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

 

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 

Explanation — Grave and sudden provocation will not mitigate the punishment for an offence under this section. if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or  if the provocation is given by anything done in the lawful exercise of the right of private defence.

 

Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Non-Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person assaulted or to whom criminal force is used.

 

 

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

 

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years ,or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-Cognizable—Bailable—Triable by any Magistrate—Compounded by the person assaulted or to whom criminal force is used.

 

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

 

Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property 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.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person assaulted or to whom the force was used with the permission of the court.

 

 

358. Assault or criminal force on grave provocation —

 

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

 

Explanation —The last section is subject to the same Explanation as section 352.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Simple imprisonment for one month, or fine of 200 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person assaulted or to whom criminal force is used.

 

Of Kidnapping, Abduction, Slavery and Forced Labour

 

359. Kidnapping —

 

Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.

 

360. Kidnapping from India —

 

Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.

 

 

361. Kidnapping from lawful guardianship —

 

Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

 

Explanation — The words "lawful guardian" in this section include any person lawfully entrusted with the care of custody of such minor or other person.

 

Exception — This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

STATE AMENDMENTS

 

Union of Territory of Manipur:

 

In its application to Union Territory of Manipur, in section 361 for the words ‘eighteen’ substitute the word ‘fifteen’.

Vide Act No. 30 of 1950.

 

 

362. Abduction —

 

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

 

COMMENTS

 

It is well known that the ingredients of the two offences—‘kidnapping’ and ‘abduction’— are entirely different. These are two distinct offences; Abhaya Jena v. State of Orissa, (1997) Crimes 531 (Ori).

 

 

363. Punishment for kidnapping —

 

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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

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

 

(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with impriosnment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

(2) Whoever maims any minor in order that such minor can be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.

 

(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging.

 

(4) In this section, —

 

(a) "begging’ means—

 

(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise;

 

(ii) entering on any private premises for the purpose of soliciting or receiving alms;

 

(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;

 

(iv) using a minor as an exhibit for the purpose of soliciting or receiving alms;

 

(b) "minor’ means—

 

(i) in the case of a male, a person under sixteen years of age; and

 

(ii) in the case of a female, a person under eighteen years of age.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for life and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

364. Kidnapping or abducting in order to murder —

 

Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a 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 to an idol. A has committed the offence defined in this section.

 

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

364A. Kidnapping for ransom, etc.—

 

Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping of abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or to do or abstain from doing any act or to pay shall be punishable with death, or imprisonment for life, and shall also be liable to fine.

 

Classification of Offence

 

Punishment—Death, or imprisonment for life and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.


 

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

 

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

366A. Procuration of minor girl —

 

Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

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

 

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by court of Session—Non-compoundable.

 

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

 

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.

CLASSIFICATION OF OFFENCE

 

Punishment—Punishment for kidnapping or abduction—Cognizance—Non-bailable—Triable by court by which the kidnapping or abduction is triable—Non-compoundable.

 

 

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

 

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

370. Buying or disposing of any person as a slave —

 

Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

371. Habitual dealing in slaves —

 

Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years, and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

372. Selling minor for purposes of prostitution, etc.

 

Whoever sells, lets to hire, or otherwise disposes of any person under 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 person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

 

Explanation I — 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 disposed of her with the intent that she shall be used for the purpose of prostitution.

 

Explanation II — For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

373. Buying minor for purposes of prostitution, etc.

 

Whoever buys, hires or otherwise obtains possession of any person under 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, of knowing it to be likely that such person will at any age be employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

Explanation I — Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

 

Explanation II — "Illicit intercourse" has the same meaning as in section 372.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 


 

374. Unlawful compulsory labour —

 

Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

Sexual offences

 

375. Rape —

 

A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—

First — Against her will.

Secondly — Without her consent.

Thirdly — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly — With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly — With or without her consent, when she is under sixteen years of age.

 

Explanation — Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception — Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

 

STATE AMENDMENT

 

Union Territory of Manipur:

 

(a) in clause sixthly, for the word "sixteen" substitute the word "fourteen"; and

(b) in the Exception, for the word "fifteen" substitute the word "thirteen".

Vide Act 30 of 1950.


 

COMMENTS

 

Mere absence of spermatozoa cannot cast a doubt on the correctness of the prosecution case; Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841: AIR 1989 SC 702.

 

 

376. Punishment for rape —

 

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

 

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

 

(2) Whoever,—

 

(a) being a police officer commits rape—

 

(i) within the limits of the police station to which he is appointed; or

 

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or

 

(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

 

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

 

(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

 

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

 

(e) commits rape on a woman knowing her to be pregnant; or

 

(f) commits rape on a woman when she is under twelve years of age; or

 

(g) commits gang rape,

 

shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:

 

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

 

Explanation 1 — Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.

 

Explanation 2 — "Women’s or children’s institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children.

 

Explanation 3 — "Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for life or imprisonment for ten years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Para II: Punishment—Imprisonment for two years or fine or both—Non-Cognizable—Bailable—Triable by Court of Session—Non-compoundable.

 

Comments

 

(i) Corroborative evidence is not an imperative component of judicial credence in every case of rape; State of Maharashtra v. Suresh Nivruthi Bhusare, (1997) 2 Crimes 257 (Bom).

 

(ii) If a woman meekly submits to sexual intercourse it would be a case of consent; State of Maharashtra v. Suresh Nivrutti Bhusare, (1997) 2 Crimes 257 (Bom).

 

(iii) Normally a woman would not falsely implicate for the offence of rape at the cost of her character. In Indian society, it is very unusual that a lady with a view to implicate a person would go to the extent of stating that she was raped; Madan Lal v. State of Madhya Pradesh, (1997) 2 Crimes 210 (MP).

 

(iv) When the prosecutrix is a minor aged below 16 years, the question of her being a consenting party to the sexual intercourse does not arise or is of no consequence; Naresh v. State of Haryana, (1997) 2 Crimes 587 (P & H).

 

 

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

 

Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for two years and fine—Non cognizable—Bailable—Triable by Court of Session.—Non-compoundable.

 

 

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

 

Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, 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 five years and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.

 

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

 

Whoever, being the 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 of a woman’s or children’s institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, 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 five years and shall also be liable to fine.

 

Explanation 1 — "Superintendent" in relation to jail, remand home or other place of custody or a women’s or children’s institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.

 

Explanation 2 — The expression "women’s or children’s institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.

 


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.

 

 

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

 

Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, 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 five years and shall also be liable to fine.

 

Explanation —The expression "hospital" shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.

 

Of Unnatural Offences

 

377. Unnatural offences —

 

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

Explanation — Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-compoundable.


 

CHAPTER XVII - OF OFFENCES AGAINST PROPERTY

 

Of Theft

 

378. Theft —

 

Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

 

Explanation 1 — A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

 

Explanation 2 — A moving effected by the same act which affects the severance may be a theft.

 

Explanation 3 — A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.

 

Explanation 4 — A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

 

Explanation 5 —The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for the purpose authority either express or implied.

Illustrations

 

(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.

 

(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A.

 

(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.

 

(d) A, being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft.

 


 

(e) Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.

 

(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft.

 

(g) A finds a ring lying on the highroad, not in the possession of any person. A by taking it, commits no theft, though he may commit criminal misappropriation of property.

 

(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.

 

(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.

 

(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly.

 

(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly.

 

(l) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft.

 

(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.

 

(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft.

 

(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.

 

(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft.

 

 

379. Punishment for theft —

 

Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Compoundable by the owner of the property stolen with the permission of the court.

 

 

380. Theft in dwelling house, etc.

 

Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

 

STATE AMENDMENTS

 

State of Tamil Nadu:

 

Section 380 of the Indian Penal Code (Central Act XLV of 1860) (hereinafter in this Part referred to as the principal Act), shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:—

 

"(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than two years."

Vide Tamil Nadu Act 28 of 1993, sec. 2.

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

 

Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Compounded by the owner of the property stolen with the permission of the court.

 

 

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

 

Whoever commits theft, having made preparation for causing death, or hurt, or 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

 

(a) A commits theft on property in Z’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.

 

(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Of Extortion

383. Extortion —

 

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".


 

Illustrations

 

(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.

 

(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.

 

(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.

 

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.

 

 

384. Punishment for extortion —

 

Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

 

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

 

Whoever commits extortion by putting any person in fear of death or of grievous hurt o that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 10 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

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

 

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence 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; and, if the offence be punishable under section 377 of this Code, may be punished with imprisonment for life.

 


 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Imprisonment for life—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Of Robbery and Dacoity

 

390. Robbery —

 

In all robbery there is either theft or extortion.

 

When theft is robbery —Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carving away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

 

When extortion is robbery —Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

 

Explanation —The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

 

Illustrations

 

(a) A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

 

(b) A meets Z on the high roads, shows a pistol, and demands Z’s purse. Z in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.

 

(c) A meets Z and Z’s child on the high road. A takes the child and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.

 

(d) A obtains property from Z by saying— "Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees". This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.

 

COMMENTS

 

In order that theft may constitute robbery, prosecution has to establish—

(a) if in order to the committing of theft; or

 

(b) in committing the theft; or

 

(c) in carrying away or attempting to carry away property obtained by theft;

 

(d) the offender for that end i.e. any of the ends contemplated by (a) to (c).

 

(e) 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 instant wrongful restraint

 

In other words, theft would only be robbery if for any of the ends mentioned in (a) to (c) the offender 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 instant wrongful restraint. If the ends does not fall within (a) to (c) but, the offender still causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint, the offence would not be robbery. That (a) or (b) or (c) have to be read conjunctively with (d) and

 

(e). It is only when (a) or (b) or (c) co-exist with (d) and (e) or there is a nexus between any of them and (d), (e) would amount to robbery; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

 

391. Dacoity —

 

When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit "dacoity".

 

COMMENTS

 

When robbery is either committed or an attempt to commit it is made by five or more persons then all such persons, who are present or aiding in its commission or in an attempt to commit it, would commit the offence of dacoity; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

 

 


 

392. Punishment for robbery —

 

Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

 

CLASSIFICATION OF OFFENCE

 

Para I: Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Para II: Punishment—Rigorous imprisonment for 14 years, and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

393. Attempt to commit robbery —

 

Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

394. Voluntarily causing hurt in committing robbery —

 

If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Comments

 

Not only the person who actually causes hurt but an associate of his/her would equally be liable for the mischief contemplated by this section; Shravan Dashrath Darange v. State of Maharashtra, (1997) 2 Crimes 47 (Bom).

 

 


 

395. Punishment for dacoity —

 

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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

396. Dacoity with murder —

 

If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Death, imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

COMMENTS

 

When prosecution failed to establish any nexus between death and commission of dacoity charge under section 396 will fail; Wakil Singh v. State of Bihar, (1981) BLJ 462.

 

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

 

If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

COMMENTS

 

(i) An act would only fall within the mischief of this section if at the time of committing robbery or dacoity the offender—

(a) uses any deadly weapon; or

(b) causes grievous hurt to any person; or

c) attempts to cause death or grievous hurt to any person; Shravan Dashrath Datrange v. State of Maharashtra, (1997) 2 Crimes 47 (Bom).

(ii) There can be no quarrel that knife is a deadly weapon within the meaning of section 397; State of Maharashtra v. Vinayak Tukaram Utekar, (1997) 2 Crimes 615 (Bom).

 

(iii) When identification of articles alleged to have been recovered from accused is not properly proved nor victim could identify accused in identification parade or in court accused cannot be convicted under section 397; Bhurekhan v. State of Madhya Pradesh, AIR 1982 SC 948 : (1982) Cr LJ 818: (1982) 1 SCC 174 : (1982) SCC (Cr) 128.

 

 

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

 

If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

399. Making preparation to commit dacoity —

 

Whoever makes, any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

400. Punishment for belonging to gang of dacoits —

 

Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

 


 

401. Punishment for belonging to gang of thieves —

 

Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

 

402. Assembling for purpose of committing dacoity —

 

Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Of Criminal Misappropriation of Property

 

403. Dishonest misappropriation of property —

 

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Illustrations

 

(a) A takes property belonging to Z out of Z’s possession, in good faith, believing, at any time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

 

(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

 

(c) A and B, being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.

Explanation I —A dishonest misappropriation for a time only is a misappropriation with the meaning of this section.

Illustration

 

A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section.

 

Explanation 2 — A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting if for, or of restoring it to, the owner does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.

 

What are reasonable means or what is a reasonable time in such a case, is a question of fact.

 

It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found.

 

Illustrations

 

(a) A finds a rupee on the high road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section.

 

(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.

 

(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.

 

(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.

 

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.

 

(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the owner of the property misappropriated with the permission of the court.

 

 

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

 

Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.

 

Illustration

 

Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine—Non-Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

If by clerk or person employed by deceased:

 

Punishment—Imprisonment for 7 years and fine—Non-Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Of Criminal Breach of Trust

 

405. Criminal breach of trust —

 

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or 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 (19 of 1952), or not who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to 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 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.

 

Illustrations

 

(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.

 

(b) A is a warehouse-keeper. Z 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 Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust.

 

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

 

(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.

 

(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.

 

 


 

406. Punishment for criminal breach of trust —

 

Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.

 

 

407. Criminal breach of trust by carrier, etc.—

 

Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which the breach of trust has been committed with the permission of the court.

 

 

408. Criminal breach of trust by clerk or servant —

 

Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compounded by the owner of the property in respect of which the breach of trust has been committed with the permission of the court.

 

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

 

Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that 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.


 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

Of the Receiving of Stolen Property

410. Stolen Property —

 

Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designed 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.

 

 

411. Dishonestly receiving stolen property —

 

Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Compoundable by the owner of the property stolen with the permission of the court.

 

STATE AMENDMENT

 

State of Tamil Nadu:

 

Section 411 of principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:—

 

"(2) Whoever dishonestly receives or retains any idol or icon stolen from any building used as a place of worship knowing or having reason to believe the same to be stolen property shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than two years but which shall not be less than two thousand rupees:

 

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years.".

Vide Tamil Nadu Act 28 of 1993, section 3.

 

 

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

 

Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

Comments

 

When articles were received soon after dacoity and proved to have been stolen in dacoity, offence falls under section 412 and not under section 395; Amar Singh v. State of Madhya Pradesh, AIR 1982 SC 129 : (1982) Cr LJ 610.

 

 

413. Habitually dealing in stolen property —

 

Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

 

 

414. Assisting in concealment of stolen property —

 

Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Compounded by the owner of the property stolen with the permission of the court.

 

 

Of Cheating

 

415. Cheating —

 

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

 

Explanation—A dishonest concealment of facts is a deception within the meaning of this section.

Illustrations

 

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him 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 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.

 

(d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

 

(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

 

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may led to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats.

 

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such 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 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 for Z. A cheats.

 

 

416. Cheating by personation —

 

A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

 

Explanation —The offence is committed whether the individual personated is a real or imaginary person.

Illustration

 

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

 

 

417. Punishment for cheating —

 

Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

 

 

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

 

Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

 

 


 

419. Punishment for cheating by personation —

 

Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

 

 

420. Cheating and dishonestly inducing delivery of property —

 

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 which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court.

 

Of Fraudulent Deeds and Disposition of Property

 

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

 

Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfer or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the creditor who are affected thereby with the permission of the court

 

 


 

422. Dishonestly or fraudulently preventing debt being available for creditors —

 

Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the creditors who are affected thereby with the permission of the court.

 

 

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

 

Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or 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 two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person affected thereby with the permission of the court.

 

 

424. Dishonest or fraudulent removal or concealment of property —

 

Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person affected thereby with the permission of the court.

 

 

Of Mischief

 

425. Mischief

 

Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, 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".

 

Explanation 1—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

 

Explanation 2—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

 

Illustrations

 

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.

 

(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

 

(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.

 

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

 

(e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the under-writers. A has committed mischief.

 

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.

 

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

 

(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.

 

 


 

426. Punishment for mischief —

 

Whoever commits mischief shall be pu