Indian Penal Code, 1860

THE INDIAN PENAL CODE

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THE INDIAN PENAL CODE ___________ ARRANGEMENT OF SECTIONS __________ CHAPTER I INTRODUCTION PREAMBLE SECTIONS 1. Title and extent of operation of the Code. Punishment of offences committed within India. Punishment of offences committed beyond, but which by law may be tried within, India. Extension of Code to extra-territorial offences. Definitions in the Code to be understood subject to exceptions.

SECTIONS

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Section 43 — “Illegal”

Section 51 — “Oath”

Persons concerned in criminal act may be guilty of different offences. 43. “Illegal”. “Legally bound to do”. 51. “Oath”. ” 52. “Good faith . -“ 52A. “Harbour . Construction of reference to transportation. Commutation of sentence of imprisonment for life. Definition of "appropriate Government".

SECTIONS

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Section 114 — Abettor present when offence is committed. 115. Abetment of offence punishable with death or imprisonment for life

Section 116 — Abetment of offence punishable with imprisonment

Act of a child under seven years of age. Act of a child above seven and under twelve of immature understanding. Act of a person incapable of judgment by reason of intoxication caused against his will. Offence requiring a particular intent or knowledge committed by one who is intoxicated. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. Act not intended to cause death, done by consent in good faith for person's benefit.

CHAPTER VA

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CHAPTER VA CRIMINALCONSPIRACY SECTIONS 120A. CHAPTER VI OF OFFENCES AGAINST THE STATE 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India. Conspiracy to commit offences punishable by section 121. Collecting arms, etc., with intention of waging war against the Government of India. Concealing with intent to facilitate design to wage war.

SECTIONS

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Being hired to take part in an unlawful assembly or riot; or to go armed. CHAPTER IX OF OFFENCESBY OR RELATING TO PUBLIC SERVANTS 161. [Repealed.]. Public servant disobeying law, with intent to cause injury to any person. Public servant disobeying direction under law. Punishment for non-treatment of victim. Public servant framing an incorrect document with intent to cause injury .

SECTIONS

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Section 211 — False charge of offence made with intent to injure. 212. Harbouring offender

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

Giving or fabricating false evidence with intent to procure conviction of capital offence. if innocent person be thereby convicted and executed. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. Threatening any person to give false evidence. Issuing or signing false certificate. Using as true a certificate known to be false. False statement made in declaration which is by law receivable as evidence.

CHAPTER XII

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CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS SECTIONS 230. “Coin” defined. Making or selling instrument for counterfeiting coin. Making or selling instrument for counterfeiting Indian coin. Possession of instrument or material for the purpose of using the same for counterfeiting coin: if Indian coin. Abetting in India the counterfeiting out of India of coin. Import or export of counterfeit coin.

SECTIONS

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Sale of drug as a different drug or preparation. Fouling water of public spring or reservoir. Making atmosphere noxious to health. Rash driving or riding on a public way. Exhibition of false light, mark or buoy. Conveying person by water for hire in unsafe or overloaded vessel.

SECTIONS

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Exposure and abandonment of child under twelve years, by parent or person having care of it. Concealment of birth by secret disposal of dead body. Punishment for voluntarily causing hurt. Voluntarily causing hurt by dangerous weapons or means. Punishment for voluntarily causing grievous hurt. Voluntarily causing grievous hurt by dangerous weapons or means.

SECTIONS

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Kidnapping or abducting with intent secretly and wrongfully to confine person. Kidnapping, abducting or inducing woman to compel her marriage, etc. Importation of girl from foreign country. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. Kidnapping or abducting child under ten years with intent to steal from its person.

SECTIONS

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Of Criminal Misappropriation of Property SECTIONS 403. Dishonest misappropriation of property. Dishonest misappropriation of property possessed by deceased person at the time of his death. Punishment for criminal breach of trust. Criminal breach of trust by carrier, etc. Criminal breach of trust by clerk or servant.

SECTIONS

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House-trespass after preparation for hurt, assault or wrongful restraint. Punishment for lurking house-trespass or house-breaking. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint. Punishment for lurking house-trespass or house-breaking by night. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.

CHAPTER XX

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CHAPTER XX OF OFFENCES RELATINGTO MARRIAGE SECTIONS 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. Marrying again during life-time of husband or wife. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted. Marriage ceremony fraudulently gone through without lawful marriage. Enticing or taking away or detaining with criminal intent a married woman.

THE INDIAN PENAL CODE

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Section 1 — Title and extent of operation of the Code

Section 2 — Punishment of offences committed within India

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

Section 4 — Extension of Code to extra-territorial offences

45 OF 1860 [6th October, 1860.] CHAPTER I INTRODUCTION 2 Preamble.—WHEREAS it is expedient to provide a general Penal Code for [India]; It is enacted as follows:— 1. Title and extent of operation of the Code.—This Act shall be called the Indian Penal Code, and 3 4 shall [extend to the whole of India [except the State of Jammu and Kashmir]]. 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 5 6 he shall be guilty within [India] ****. Punishment of offences committed beyond, but which by law may be tried within, India.— 7 8 Any person liable, by any [Indian law], to be tried for an offence committed beyond [India] shall be 8 dealt with according to the provisions of this Code for any act committed beyond [India] in the same 5 manner as if such act had been committed within [India]. Extension of Code to extra-territorial offences.—The provisions of this Code apply also to any offence committed by— 10 [(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.] 11 [(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.] 12 [Explanation.—In this section— (a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code; 1. The Indian Penal Code has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared in force in— Sonthal Parganas, by the Sonthal Parganas Settlement Regulation 1872 (3 of 1872) s.

(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of

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

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

Section 7 — Sense of expression once explained

Section 8 — Gender.—The pronoun “he” and its derivatives are used of any person, whether male or female. 9. Number

Section 10 — “Man”. “Woman”

Section 11 — “Person”

Section 12 — “Public”

Section 14 — “Servant of Government”

(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);] 1 [Illustration] 2 3 4 ***A, [who is [a citizen of India]], commits a murder in Uganda. He can be tried and convicted of 5 of murder in any place in [India] in which he may be found. 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 those exceptions are not repeated in such definition, penal provision, or illustration. Illustrations (a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age 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. 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.

[17 “Government”.—The word “Government” denotes the Central Government or the Government

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Section 18 — “India”.—“India” means the territory of India excluding the State of Jammu and Kashmir.] 19. “Judge”

Section 20 — “Court of Justice”

Section 21 — “Public servant”

1 [17 “Government”.—The word “Government” denotes the Central Government or the Government 2 of a ***State.] 3 [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, if confirmed by some other authority, would be definitive, or who is one of a body or 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 appear, is a Judge. 4 (c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, 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 Jutsice” 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. The word and letter “Part A” omitted by Act 3 of 1951, s. The original words “of the Queen while serving under the Government of India, or any Government” have successively been amended by the A.O.

Sixth.—Every arbitrator or other person to whom any cause or matter has been referred for decision

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Section 22 — “Movable property”

Section 23 — “Wrongful gain”

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; 1 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 1 1 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 1 the pecuniary interests of [the Government], or to make, authenticate or keep any document relating to 1 the pecuniary interests of [the Government], or to prevent the infraction of any law for the protection of 1 2 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; 3 [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;] 4 [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. 3 [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.] 5 * * * * * 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 to 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. 1950, for “the Crown” which had been subs. by the A.O.

Gaining wrongfully/Losing wrongfully.—A person is said to gain wrongfully when such person

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Section 24 — “Dishonestly”

Section 25 — “Fraudulently”

Section 26 — “Reason to believe”

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

Section 28 — “Counterfeit”

Section 29 — “Document”

Section 29A — “Electronic record”

Section 30 — “Valuable security”

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. 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.

released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal

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Section 31 — “A will”.—The words “a will” denote any testamentary document. 32. Words referring to acts include illegal omissions

Section 33 — “Act”. “Omission”

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

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

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

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

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

released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right. Illustration A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the unlawful holder of it, the endorsement is a “valuable security”. 31. “A will”.—The words “a will” denote any testamentary document. 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. 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.

39. “Voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means

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Section 39 — “Voluntarily”

Section 40 — “Offence”

Section 41 — “Special law”

Section 42 — “Local law”.—A “local law” is a law applicable only to a particular part of [ *** [India]]. 43. “Illegal”. “Legally bound to do”

Section 44 — “Injury”

Section 45 — “Life”

Section 46 — “Death”

Section 47 — “Animal”.—The word “animal” denotes any living creature, other than a human being. 48. “Vessel”

Section 49 — “Year”. “Month”

Section 50 — “Section”

Section 52 — “Good faith”

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. 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. 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.

[52A. “Harbour”.—Except in section 157, and in section 130 in the case in which the harbour is

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Section 52A — “Harbour”

Section 53 — Punishments

Section 53A — Construction of reference to transportation

Section 54 — Commutation of sentence of death

Section 55 — Commutation of sentence of imprisonment for life

1 [52A. “Harbour”.—Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.] CHAPTER III OF PUNISHMENTS 53. Punishments.—The punishments to which offenders are liable under the provisions of this Code are— First.—Death; 2 [Secondly.—Imprisonment for life;] 3 * * * * * Fourthly.—Imprisonment, which is of two descriptions, namely:— (1) Rigorous, that is, with hard labour; (2) Simple; Fifthly.—Forfeiture of property; Sixthly.—Fine. 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 5 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 6 passed, [the appropriate Government] may, without the consent of the offender, commute the punishment punishment for any other punishment provided by this Code. Commutation of sentence of imprisonment for life.—In every case in which sentence of 7 8 [imprisonment] for life shall have been passed, [the appropriate Government] may, without the consent 1. 1950, for “the Central Government or the Provincial Government of the Province within which the offender shall have been sentenced”.

consent of the offender, commute the punishment for imprisonment of either description for a term not

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Section 55A — Definition of “appropriate Government”

Section 57 — Fractions of terms of punishment

Section 63 — Amount of fine

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

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

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

consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. Fractions of terms of punishment.—In calculating fractions of terms of punishment, 2 2 [imprisonment] for life shall be reckoned as equivalent to [imprisonment] for twenty years. 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. 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, 4 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. 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. 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

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

Section 68 — Imprisonment to terminate on payment of fine

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

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

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

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

Imprisonment for non-payment of fine, when offence punishable with fine only.—If the 1 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. 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. 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 fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment.

73. Solitary confinement.—Whenever any person is convicted of an offence for which under this

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Section 73 — Solitary confinement

Section 74 — Limit of solitary confinement

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

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

Section 77 — Act of Judge when acting judicially

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

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; 1 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. 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. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.—Whoever, having been convicted,— 3 (a) by a Court in [India], of an offence punishable under Chapter XII or Chapter XVII of this 4 Code with imprisonment of either description for a term of three years or upwards, *** 5 * * * * * shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the 6 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. 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. 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.—

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

Section 80 — Accident in doing a lawful act

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

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

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

Section 84 — Act of a person of unsound mind

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

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

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. 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. 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. 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. 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. 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.

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

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

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

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

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

Section 91 — Exclusion of acts which are offences independently of harm cause

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. Act not intended to cause death, done by consent in good faith for person's benefit.— Nothing, which is not intented 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 the painful complaint, but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation on Z, with Z's consent. 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: Provided— Provisos. 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. Exclusion of acts which are offences independently of harm cause.—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

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

Section 93 — Communication made in good faith

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

Illustration Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. 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: Provided— Provisos. 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. Illustration A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live.

95. Act causing slight harm.—Nothing is an offence by reason that it causes, or that it is intended to

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Section 95 — Act causing slight harm

Section 96 — Things done in private defence

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

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

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

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

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. Things done in private defence.—Nothing is an offence which is done in the exercise of the right of private defence. 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 defintion of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 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. 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; 28

Secondly.—Such an assault as may reasonably cause the apprehension that grievous hurt will

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

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

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

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

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

Secondly.—Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly.—An assault with the intention of committing rape; Fourthly.—An assault with the intention of gratifying unnatural lust; Fifthly.—An assault with the intention of kidnapping or abducting; Sixthly.—An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. 1 [Seventhly.—An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.] 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. 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. 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. 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 house-breaking by night continues as long as the

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

Section 107 — Abetment of a thing.—A person abets the doing of a thing, who— First

Section 108 — Abettor

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. 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. 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.

Illustrations

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Section 108A — Abetment in India of offences outside India

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

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. 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.

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

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

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

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

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

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. 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: 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. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 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 constitute a distinct offence, the abettor is liable to punishment for each of the offences. 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, causes 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. 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.

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

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Section 115 — Abetment of offence punishable with death or imprisonment for life

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

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

Abetment of offence punishable with death or imprisonment for life.—if offence not 1 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. If B had murdered Z, he would have been subject to the 1 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. 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. 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. 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 1 an offence punishable with death or [imprisonment for life], 1.

[voluntarily conceals by any act or illegal omission, or by the use of encryption or any other

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

Section 120 — Concealing design to commit offence punishable with imprisonment

Section 120A — Definition of criminal conspiracy

1 [voluntarily conceals by any act or illegal omission, or by the use of encryption or any other information hiding tool, the existence of a design] to commit such offence or makes any representation which he knows to be false respecting such design, 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. 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, 1 [voluntarily conceals, by any act or illegal omission or by the use of encryption or any other information hiding tool, the existence of a design] to commit such offence, or makes any representation which he knows to be false respecting such design, 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 2 [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. 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. 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-eight, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be done,— (1) an illegal act, or 1. 51, for “voluntarily conceals, by any act or illegal omission, the existence of a design” (w.e.f.

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

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Section 120B — Punishment of criminal conspiracy

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

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

(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. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to 1 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.] CHAPTER VI OF OFFENCES AGAINSTTHE STATE 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of 2 India.—Whoever wages war against the [Government of India], or attempts to wage such war, or abets 3 4 the waging of such war, shall be punished with death, or [imprisonment for life] [and shall also be liable to fine]. Conspiracy to commit offences punishable by section 121.—Whoever within or without 9 10 [India] conspires to commit any of the offences punishable by section 121, *** or conspires to 11 overawe, by means of criminal force or the show of criminal force, [the Central Government or any 12 13 14 [State] Government ***], shall be punished with [imprisonment for life], or with imprisonment of 15 either description which may extend to ten years, [and shall also be liable to fine]. Explanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.] 122.

[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, [and

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

Section 124A — Sedition

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

1 2 [imprisonment for life] or imprisonment of either description for a term not exceeding ten years, [and shall also be liable to fine]. Concealing with intent to facilitate design to wage war.—Whoever by any act, or by any 3 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. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any 4 lawful power.—Whoever, with the intention of inducing or compelling the [President] of India, or 5 6 7 8 9 10 [Governor ***] of any [State], *** *** *** to exercise or refrain from exercising in any manner any 11 5 6 any of the lawful powers of such [President or [Governor ***]], assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal 11 5 6 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. 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 13 14 15 excite disaffection towards, *** the Government established by law in [India], *** shall be punished 16 with [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. 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 3 [Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished 1 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. 117 and the Sch., for “transportation for life or any shorter term” (w.e.f.

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

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

Section 127 — Receiving property taken by war or depredation mentioned in sections 125 and 126

Section 128 — Public servant voluntarily allowing prisoner of state or war to escape

Section 129 — Public servant negligently suffering such prisoner to escape

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

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

Committing depredation on territories of Power at peace with the Government of India.— Whoever commits depredation, or makes preparations to commit depredation, on the territories of any 1 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. Receiving property taken by war or 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. 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 2 [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 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. 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 2 [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. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.— 5 6 Whoever abets the committing of mutiny by an officer, soldier, [sailor or airman], in the Army, [Navy 1 5 or Air Force] of the [Government of India] or attempts to seduce any such officer, soldier, [sailor or 2 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.

person subject to the [Army Act, [the Army Act, 1950 (46 of 1950)], [the Naval Discipline Act, ***the

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Section 132 — Abetment of mutiny, if mutiny is committed in consequence thereof

Section 134 — Abetment of such assault, if the assault committed

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

Section 136 — Harbouring deserter

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

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

1 2 3 4 person subject to the [Army Act, [the Army Act, 1950 (46 of 1950)], [the Naval Discipline Act, ***the 4 5 6 7 ***the Indian Navy (Discipline) Act,1934 (34 of 1934)] [the Air Force Act or [the Air Force Act, 1950 (45 of 1950)]], as the case may be].] 132. Abetment of mutiny, if mutiny is committed in consequence thereof.—Whoever abets the 8 9 committing of mutiny by an officer, soldier, [sailor or airman], in the Army, [Navy or Air Force] of the 10 [Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with 11 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. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution 8 9 of his office.—Whoever abets an assault by an officer, soldier, [sailor or airman], in the Army, [Navy or 10 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. Abetment of such assault, if the assault committed.—Whoever abets an assault by an officer, 8 9 10 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. Abetment of desertion of soldier, sailor or airman.—Whoever, abets the desertion of any 8 9 10 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. Deserter concealed on board merchant vessel through negligence of master.—The master or 9 person in charge of a merchant vessel, on board of which any deserter from the Army, [Navy or Air 10 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.

138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act,

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Section 139 — Persons subject to certain Acts

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

Section 141 — Unlawful assembly

Section 142 — Being member of unlawful assembly

Section 143 — Punishment

Section 144 — Joining unlawful assembly armed with deadly weapon

1 138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act, 1934 (35 of 1934), s. Persons subject to certain Acts.—No person subject to [the Army Act, [the Army Act, 1950 4 5 6 (46 of 1950)], the Naval Discipline Act, [ *** [the Indian Navy (Discipline) Act, 1934 (34 of 1934)], 7 8 [the Air Force Act or [the Air Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code Code for any of the offences defined in this Chapter. Wearing garb or carrying token used by soldier, sailor or airman.—Whoever, not being a 9 10 11 soldier, [sailor or airman] in the Military, [Naval or Air] service of the [Government of India], wears 9 any garb or carries any token resembling any garb or token used by such a soldier, [sailor or airman] with 9 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. CHAPTER VIII OFOFFENCES AGAINSTTHE 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— 12 First.—To overawe by criminal force, or show of criminal force, [the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.—To resist the execution of any law, or of any legal process; or Third.—To commit any mischief or criminal trespass, or other offence; or Fourth.—By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.—By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.—An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

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

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

Section 146 — Rioting

Section 147 — Punishment for rioting

Section 148 — Rioting, armed with deadly weapon

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

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

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

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

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

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

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 extent to two years, or with fine, or with both. 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. 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. 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. 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.

(b) commits any act which is prejudicial to the maintenance of harmony between different

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Section 153B — Imputations, assertions prejudicial to national integration

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

(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 1 to disturb the public tranquillity, [or] 1 [(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. (2) Offence committed in place of worship, etc.—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.] 2 [153AA. Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms.—Whoever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under section 144A of the Code of Criminal Procedure, 1973 (2 of 1974) shall be punished with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees. Explanation.—“Arms” means articles of any description designed or adapted as weapons for offence or defence and includes firearms, sharp edged weapons, lathis, dandas and sticks]. Imputations, assertions prejudicial to national integration.—(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,— (a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or (b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India, or (c) makes or publishes and assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.] 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, 1.

and do not, in the case of his or their having reason to believe that it was about to be committed, use all

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

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

Section 157 — Harbouring persons hired for an unlawful assembly

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

Section 159 — Affray

Section 160 — Punishment for committing affray

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

165A. [Punishment for abetment of offences defined in section 161 or section 165.] Rep. by the

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Section 165A — [Punishment for abetment of offences defined in section 161 or section 165

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

Section 166A — Public servant disobeying direction under law

Section 166B — Punishment for non-treatment of victim

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

Section 168 — Public servant unlawfully engaging in trade

Section 169 — Public servant unlawfully buying or bidding for property

Section 170 — Personating a public servant

165A. [Punishment for abetment of offences defined in section 161 or section 165.] Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 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. IIIustration 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. Public servant disobeying direction under law.—Whoever, being a public servant,— (a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or (b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or (c) fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, 2 [section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. Punishment for non-treatment of victim.—Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 357C of the Code of Criminal Procedure, 1973 (2 of 1974), shall be punished with imprisonment for a term which may extend to one year or with fine or with both.] 167.

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

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

Section 171A — “Candidate”, “Electoral right” defined

Section 171B — Bribery

Section 171C — Undue influence at elections

Section 171D — Personation at elections

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. 1 [CHAPTER IXA OF OFFENCESRELATING TO ELECTIONS 171A. “Candidate”, “Electoral right” defined.—For the purposes of this Chapter— 2 [(a) “candidate” means a person who has been nominated as a candidate at any election;] (b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election. 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. 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 or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. Personation at elections.—Whoever at an election applies for a voting paper on votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election.

[Provided that nothing in this section shall apply to a person who has been authorised to vote as

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Section 171E — Punishment for bribery

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

Section 171G — False statement in connection with an election

Section 171H — Illegal payments in connection with an election

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

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

1 [Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector.] 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. 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. 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; 2 or, if the summons or notice or order is to attend in person or by agent, or to [produce a document or an electronic record in a Court of Justice], with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Preventing service of summons or other proceeding, or preventing publication thereof.— Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, 1.

shall be punished with simple imprisonment for a term which may extend to one month, or with fine

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

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

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

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; 1 or, if the summons, notice, order or proclamation is to attend in person or by agent, or [to produce a document or electronic record in a Court of Justice] 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. 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 or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Illustrations 2 (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. 4 [174A .Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.— Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.] 175. Omission to produce document to public servant by person legally bound to produce it.— 5 Whoever, being legally bound to produce or deliver up any [document or electronic record] to any public servant, as such, intentionally omits so to produce or deliver up the same, 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; 4 or, if the [document or electronic record] 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. 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; 1.

or, if the notice or information required to be given respects the commission of an offence, or is

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Section 177 — Furnishing false information

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

Section 179 — Refusing to answer public servant authorised to question

Section 180 — Refusing to sign statement

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; 1 [or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898), with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.] 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, 2 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 latter part of this section. 3 [Explanation.—In section 176 and in this section the word “offence” includes any act committed at 4 3 any place out of [India], which, if committed in [India], would be punishable under any of the following 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.] 178.

the truth on any subject to any public servant or other person authorized by law to administer such oath

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

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

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

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

Section 186 — Obstructing public servant in discharge of public functions

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

the truth on any subject to any public servant or other person authorized by law to administer such oath 1 [or affirmation], makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 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. 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. 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. 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. 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.

and if such assistance be demanded of him by a public servant legally competent to make such demand

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Section 188 — Disobedience to order duly promulgated by public servant

Section 189 — Threat of injury to public servant

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

Section 191 — Giving false evidence

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 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. 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 or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 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. 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. 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. 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.

192. Fabricating false evidence.—Whoever causes any circumstance to exist or [makes any false

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Section 192 — Fabricating false evidence

Section 193 — Punishment for false evidence

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

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. Fabricating false evidence.—Whoever causes any circumstance to exist or [makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement,] intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to 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”. 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. Punishment for false evidence.—Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which 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. 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 3 will thereby cause, any person to be convicted of an offence which is capital [by the law for the time 4 5 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; 1.

If innocent person be thereby convicted and executed.—and if an innocent person be convicted

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

Section 195A — Threatening any person to give false evidence

Section 196 — Using evidence known to be false

Section 197 — Issuing or signing false certificate

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

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

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

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

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. 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 1 2 offence which [by the law for the time being in force in [India]] is not capital, but punishable with 3 [imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. Illustration A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment 4 of dacoity is [imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. Threatening any person to give false evidence.—Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.] 196. 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.

if a capital offence.—shall, if the offence which he knows or believes to have been committed is

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

Section 203 — Giving false information respecting an offence committed

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

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

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

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; 1 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. 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. 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. 1 [Explanation.—In sections 201 and 202 and in this section the word “offence” includes any act 2 2 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.] 204. Destruction of document to prevent its production as evidence.—Whoever secretes or 3 destroys any [document and electronic record] which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or 3 obliterates or renders illegible the whole or any part of such [document or electronic record] with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

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

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

Section 208 — Fraudulently suffering decree for sum not due

Section 209 — Dishonesty making false claim in Court

Section 210 — Fraudulently obtaining decree for sum not due

Section 212 — Harbouring offender

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. 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 than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 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. Dishonesty 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. 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. False charge of offence made with intent to injure.—Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1 [imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

and if the offence is punishable with imprisonment which may extend to one year, and not to ten

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Section 214 — Offering gift or restoration of property in consideration of screening offender

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. 1 2 [“Offence” in this section includes any act committed at any place out of [India], which, if 3 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 3 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. Here, as B 3 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. 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 1 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. Offering gift or restoration of property in consideration of screening offender.—Whoever 4 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 1 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. 5 [Exception.—The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.] 1.

* * * * *

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Section 215 — Taking gift to help to recover stolen property, etc

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

Section 216A — Penalty for harbouring robbers or dacoits

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

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. Harbouring offender who has escaped from custody or whose apprehension has been ordered.—Whenever any person convicted of a 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 or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if a capital offence.—if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life, or with imprisonment.—if the offence is punishable 2 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. 3 [“Offence” in this section includes also any act or omission of which a person is alleged to have been 4 3 guilty out of [India], which, if he had been guilty of it in [India], would have been punishable as an 5 offence, and for which he is, under any law relating to extradition, *** or otherwise, liable to be 3 apprehended or detained in custody in [India], and every such act or omission shall, for the purposes of 3 this section, be deemed to be punishable as if the accused person had been guilty of it in [India].] Exception.—The provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended. 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 3 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.] 5 [216B.

law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or

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

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

Section 220 — Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

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

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

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. 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. 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. 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 confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 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 be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished 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 1 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. 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 2 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:— 1 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 1.

with imprisonment of either description for a term which may extend to seven years, with or without

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Section 223 — Escape from confinement or custody negligently suffered by public servant

Section 224 — Resistance or obstruction by a person to his lawful apprehension

Section 225 — Resistance or obstruction to lawful apprehension of another person

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

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 1 1 2 Court of Justice, or by virtue of a commutation of such sentence, to [imprisonment for life] *** *** 3 4 *** *** 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 2 of a Court of Justice, to imprisonment for a term not extending to ten years [or if the person was lawfully committed to custody]. 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 5 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. 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. 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 6 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 rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may 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 2 7 of a Court of Justice, or by virtue of a commutation of such a sentence, to [imprisonment for life], *** 8 9 *** *** 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, 2 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. 24(1), for section 225A which had been ins. by Act 27 of 1870, s.

apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222

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

Section 227 — Violation of condition of remission of punishment

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

Section 228A — Disclosure of identity of the victim of certain offences, etc

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. 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.] 226. [Unlawful return from transportation.] Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s. 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. 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. Disclosure of identity of the victim of certain offences, etc.—(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an 2 3 [offence under section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E] is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. (2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is— (a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or (b) by, or with the authorisation in writing of, the victim; or (c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim: Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation. Explanation.—For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisationrecognised in this behalf by the Central or State Government.

(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to

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Section 229 — Personation of a juror or assessor

Section 229A — Failure by person released on bail or bond to appear in court

Section 230 — “Coin” defined

Section 231 — Counterfeiting coin

Section 232 — Counterfeiting Indian coin

(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.] 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. Failure by person released on bail or bond to appear in court.—Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Explanation.—The punishment under this section is— (a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and (b) without prejudice to the power of the court to order forfeiture of the bond.] CHAPTER XII OF OFFENCES RELATINGTO COINAND GOVERNMENT STAMPS 2 230. “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.] 3 [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, inasmuch as they are not intended to be used as money. 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.

imprisonment of either description for a term which may extend to ten years, and shall also be liable to

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Section 233 — Making or selling instrument for counterfeiting coin

Section 234 — Making or selling instrument for counterfeiting Indian coin

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

Section 236 — Abetting in India the counterfeiting out of India of coin

Section 237 — Import or export of counterfeit coin

Section 238 — Import or export of counterfeits of the Indian coin

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

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

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

imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 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 1 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. 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; 1 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. 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. Import or export of counterfeits of the Indian coin.—Whoever imports into [India], or exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of 1 3 [Indian coin], shall be punished with [Imprisonment for life], or with imprisonment of either description description for a term which may extend to ten years, and shall also be liable to fine. Delivery of Indian coin, possessed with knowledge that it is counterfeit.—Whoever, having 1 any counterfeit coin which is a counterfeit of [Indian coin], and which, at the time when he became 1 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.

Illustration

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

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

Section 245 — Unlawfully taking coining instrument from mint

Section 246 — Fraudulently or dishonestly diminishing weight or altering composition of coin

Section 247 — Fraudulently or dishonestly diminishing weight or altering composition of Indian coin

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

Illustration A, a coiner, delivers counterfeit Company's rupees to his accomplice B, for the purpose of uttering them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit. C pays away the rupees for goods to D, who receives them, not knowing them to be counterfeit. D, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under section 239 or 240, as the case may be. 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.

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

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

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

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

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

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

Section 255 — Counterfeiting Government stamp

Section 256 — Having possession of instrument or material for counterfeiting Government stamp

Altering appearance of Indian coin with intent that it shall pass as coin of different 1 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. 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. 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. 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. 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. 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 sections 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.

257. Making or selling instrument for counterfeiting Government stamp.—Whoever makes or

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Section 257 — Making or selling instrument for counterfeiting Government stamp

Section 258 — Sale of counterfeit Government stamp

Section 259 — Having possession of counterfeit Government stamp

Section 260 — Using as genuine a Government stamp known to be counterfeit

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

Section 262 — Using Government stamp known to have been before used

Section 263 — Erasure of mark denoting that stamp has been used

Section 263A — Prohibition of fictitious stamps

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 or, 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. 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. 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. Using as genuine a Government stamp known to be counterfeit.—Whoever uses as genuine any stamp, knowing it 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, or with fine, or with both. 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. Prohibition of fictitious stamps.—(1) Whoever— (a) makes, knowingly utters, deals in or sells any fictitious stamp, 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 stamp, die, plate, instrument or materials in the possession of any person for making any 2 fictitious stamp [may be seized and, if seized] shall be forfeited. (3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or 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

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Section 264 — Fraudulent use of false instrument for weighing

Section 265 — Fraudulent use of false weight or measure

Section 266 — Being in possession of false weight or measure

Section 267 — Making or selling false weight or measure

Section 268 — Public nuisance

Section 269 — Negligent act likely to spread infection of disease dangerous to life

Section 270 — Malignant act likely to spread infection of disease dangerous to life

Section 271 — Disobedience to quarantine rule

Section 272 — Adulteration of food or drink intended for sale

(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. 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. 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. Being in possession of false weight or measure.—Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, 1 *** intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 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. Disobedience to quarantine rule.—Whoever knowingly disobeys any rule made and 2 3 4 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, 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.

or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment

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Section 273 — Sale of noxious food or drink

Section 274 — Adulteration of drugs

Section 275 — Sale of adulterated drugs

Section 276 — Sale of drug as a different drug or preparation

Section 277 — Fouling water of public spring or reservoir

Section 278 — Making atmosphere noxious to health

Section 279 — Rash driving or riding on a public way

Section 280 — Rash navigation of vessel

Section 281 — Exhibition of false light, mark or buoy

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

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. 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. Adulteration of drugs.—Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 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. 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. 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.

283. Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or

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Section 283 — Danger or obstruction in public way or line of navigation

Section 284 — Negligent conduct with respect to poisonous substance

Section 285 — Negligent conduct with respect to fire or combustible matter

Section 286 — Negligent conduct with respect to explosive substance

Section 287 — Negligent conduct with respect to machinery

Section 288 — Negligent conduct with respect to pulling down or repairing buildings

Section 289 — Negligent conduct with respect to animal

Section 290 — Punishment for public nuisance in cases not otherwise provided for

Section 291 — Continuance of nuisance after injunction to discontinue

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. 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. 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. 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. 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. 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.

[292. Sale, etc., of obscene books, etc.— [(1) For the purposes of sub-section (2), a book, pamphlet,

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

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

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 persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.] 3 [(2)] Whoever— (a) sells, lets to hire, distributes, publicity 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, 4 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]. 5 [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 or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]] 6 [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 1 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].] 1. 292 renumbered as sub-section (2) thereof by s.

[294. Obscene acts and songs.—Whoever, to the annoyance of others,

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Section 294 — Obscene acts and songs

Section 294A — Keeping lottery office

Section 295 — Injuring or defiling place of worship, with intent to insult the religion of any class

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

Section 296 — Disturbing religious assembly

Section 297 — Trespassing on burial places, etc

Section 298 — Uttering words, etc., with deliberate intent to wound religious feelings

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.] 2 [294A. Keeping lottery office.—Whoever keeps any office or place for the purpose of drawing any 3 4 5 lottery [not being [a State lottery] or a lottery authorised by the [State] Government], shall be punished 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.] CHAPTER XV OF OFFENCESRELATING 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 punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 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 7 8 outraging the religious feelings of any class of [citizens of India], [by words, either spoken or written, or 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 9 may extend to [three years], or with fine, or with both.] 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.

in the hearing of that person or makes any gesture in the sight of that persons or places any object in the

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Section 299 — Culpable homicide

Section 300 — Murder

in the hearing of that person or makes any gesture in the sight of that persons or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. 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— 2ndly.—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— 3rdly.—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— 4thly.—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. 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.

Exception 1.—When culpable homicide is not murder.—Culpable homicide is not murder if the

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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. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. 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. 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's having taken undue advantage or acted in a cruel or unusual manner. 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

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Section 301 — Culpable homicide by causing death of person other than person whose death was intended

Section 302 — Punishment for murder

Section 303 — Punishment for murder by life-convict

Section 304 — Punishment for culpable homicide not amounting to murder

Section 304A — Causing death by negligence

Section 304B — Dowry death

Section 305 — Abetment of suicide of child or insane person

Section 306 — Abetment of suicide

Section 307 — Attempt to murder

Illustration A, by instigation, voluntarily causes Z, a person under eighteen years of age to commit suicide. Here, on account of Z's youth, he was incapable of giving consent to his own death; A has therefore abetted murder. Culpable homicide by causing death of person other than person whose death was intended.—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 he likely to cause. Punishment for murder.—Whoever commits murder shall be punished with death or 1 [imprisonment for life], and shall also be liable to fine. Punishment for murder by life-convict.—Whoever, being under sentence of [imprisonment for life], commits murder, shall be punished with death. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable 1 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.

Attempts by life-convicts.— [When any person offending under this section is under sentence of

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Section 308 — Attempt to commit culpable homicide

Section 309 — Attempt to commit suicide

Section 311 — Punishment

Section 312 — Causing miscarraige

Section 313 — Causing miscarriage without woman's consent

Section 314 — Death caused by act done with intent to cause miscarriage

1 Attempts by life-convicts.— [When any person offending under this section is under sentence of 1 [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. 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. Attempt to commit suicide.—Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may 3 extend to one year [or with fine, or with both.] 310. Punishment.—Whoever is a thug, shall be punished with [imprisonment for life], and shall also be liable to fine. Causing miscarraige.—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. 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 4 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.

if act done without woman's consent.—and if the act is done without the consent of the woman,

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

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

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

Section 318 — Concealment of birth by secret disposal of dead body

Section 319 — Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. 320. Grievous hurt

if act done without woman's consent.—and if the act is done without the consent of the woman, 1 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. 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. 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.

321. Voluntarily causing hurt.—Whoever does any act with the intention of thereby causing hurt to

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Section 321 — Voluntarily causing hurt

Section 322 — Voluntarily causing grievous hurt

Section 323 — Punishment for voluntarily causing hurt

Section 324 — Voluntarily causing hurt by dangerous weapons or means

Section 325 — Punishment for voluntarily causing grievous hurt

Section 326 — Voluntarily causing grievous hurt by dangerous weapons or means

Section 326A — Voluntarily causing grievous hurt by use of acid, etc

Section 326B — Voluntarily throwing or attempting to throw acid

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”. 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”. 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. 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 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 of either description for a term which may extend to three years, or with fine, or with both. Voluntarily causing grievous hurt by use of acid, etc.—Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this section shall be paid to the victim. Voluntarily throwing or attempting to throw acid.—Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for 1.

a term which shall not be less than five years but which may extend to seven years, and shall also be

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

Section 328 — Causing hurt by means of poison, etc., with intent to commit and offence

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

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

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

a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. Voluntarily causing hurt to extort property, or to constrain to an illegal to an 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. Causing hurt by means of poison, etc., with intent to commit and 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. 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 1 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. 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. 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.

332. Voluntarily causing hurt to deter public servant from his duty.—Whoever voluntarily causes

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Section 332 — Voluntarily causing hurt to deter public servant from his duty

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

Section 334 — Voluntarily causing hurt on provocation

Section 335 — Voluntarily causing grievous hurt on provocation

Section 336 — Act endangering life or personal safety of others

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

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

Section 339 — Wrongful restraint

Section 340 — Wrongful confinement

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. 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. 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. 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. 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. Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Illustrations

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Section 341 — Punishment for wrongful restraint

Section 342 — Punishment for wrongful confinement

Section 343 — Wrongful confinement for three or more days

Section 344 — Wrongful confinement for ten or more days

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

Section 346 — Wrongful confinement in secret

Section 347 — Wrongful confinement to extort property, or constrain to illegal act

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

Section 349 — Force

Illustrations (a) A causes Z to go within a walled space, and locks Z in Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts leave the building. 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. 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. 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. 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.

First.—By his own bodily power.

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Section 350 — Criminal force

Section 351 — Assault

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

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. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. 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 other water so situated that such contact must affect Z's sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z's consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. (h) A incites a dog to spring upon Z, without Z's consent. 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.

Explanation.—Grave and sudden provocation will not mitigate the punishment for an offence under

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

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

Section 354A — Sexual harassment and punishment for sexual harassment

Section 354B — Assault or use of criminal force to woman with intent to disrobe

Section 354C — Voyeurism

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. 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 to 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. 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 there by 1 outrage her modesty, [shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine]. Sexual harassment and punishment for sexual harassment.—(1) Aman committing any of the following acts— (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Assault or use of criminal force to woman with intent to disrobe.—Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their

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Section 354D — Stalking

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

Section 356 — Assault or criminal force in attempt to commit theft of property carried by a person

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

Section 358 — Assault or criminal force on grave provocation

Section 359 — Kidnapping

Section 360 — Kidnapping from India

Section 361 — Kidnapping from lawful guardianship

Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. Stalking.—(1) Any man who— (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking: Provided that such conduct shall not amount to stalking if the man who pursued it proves that— (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.] 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. 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. 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. 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 words “lawful guardian” in this section include any person lawfully entrusted

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Section 362 — Abduction

Section 363 — Punishment for kidnapping

Section 363A — Kidnapping or maiming a minor for purposes of begging

Section 364 — Kidnapping or abducting in order to murder

Section 364A — Kidnapping for ransom, etc

Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person. Exception.—This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. 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. 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 purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. (3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. (4) In this section,— (a) “begging” means— (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, 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.] 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 3 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.

inter-governmental organisation or any other person] to do or abstain from doing any act or to pay a

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

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

Section 366A — Procuration of minor girl

Section 366B — Importation of girl from foreign country

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

Section 368 — Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Section 369 — Kidnapping or abducting child under ten years with intent to steal from its person

Section 370 — Trafficking of person

inter-governmental organisation or any other person] to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.] 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. 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 1 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 also be punishable as aforesaid]. 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. Importation of girl from foreign country.—Whoever imports into [India] from any country 4 outside India [or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse 5 with another person, *** shall be punishable with imprisonment which may extend to ten years and shall shall also be liable to fine.] 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 subjected 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.

Secondly.—using force, or any other form of coercion, or

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Section 370A — Exploitation of a trafficked person

Section 371 — Habitual dealing in slaves

Section 372 — Selling minor for purposes of prostitution, etc

Secondly.—using force, or any other form of coercion, or Thirdly.—by abduction, or Fourthly.—by practising fraud, or deception, or Fifthly.—by abuse of power, or Sixthly.— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control overthe person recruited, transported, harboured, transferred or received, commits the offence of trafficking. Explanation 1.—The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs. Explanation 2.—Theconsent of the victim is immaterial in determination of the offence of trafficking. (2)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (5) Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (6) If a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. (7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine. (2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.] 371. Habitual dealing in slaves.—Whoever habitually imports, exports, removes, buys, sells, traffics 1 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. Selling minor for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise 2 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 1.

any such purpose, shall be punished with imprisonment of either description for a term which may extend

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Section 373 — Buying minor for purposes of prostitution, etc

Section 374 — Unlawful compulsory labour

any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1 [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.] 373. Buying minor for purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains 2 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, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 3 [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. 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.

Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness of

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Section 376 — Punishment for rape

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 eighteen years of age. Seventhly.—When she is unable to communicate consent. Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora. Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Punishment for rape.—(1) Whoever, except in the cases provided for in sub-section (2), 1 commits rape, shall be punished with rigorous imprisonment of either description for a term which [shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine]. (2) Whoever,— (a) being a police officer, commits rape— (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or 2 * * * * * (j) commits rape, on a woman incapable of giving consent; or (k) being in a position of control or dominance over a woman, commits rape on such woman; or 1.

(l) commits rape on a woman suffering from mental or physical disability; or

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Section 376A — Punishment for causing death or resulting in persistent vegetative state of victim

Section 376B — Sexual intercourse by husband upon his wife during separation

(l) commits rape on a woman suffering from mental or physical disability; or (m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (n) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. Explanation.—For the purposes of this sub-section,— (a) “armed forces” means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861); (d) “women's or children's institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children. 1 [(3) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim.] 376A. Punishment for causing death or resulting in persistent vegetative state of victim.— Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death. Punishment for rape on woman under twelve years of age.—Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim.] 376B. Sexual intercourse by husband upon his wife during separation.—Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses

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Section 376C — Sexual intercourse by a person in authority

Section 376D — Gang rape

Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375. Sexual intercourse by a person in authority.—Whoever, being— (a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or (d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. Explanation 1.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375. Gang rape.—Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim. Punishment for gang rape on woman under sixteen years of age.—Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim. Punishment for gang rape on woman under twelve years of age.—Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 1.

Provided further that any fine imposed under this section shall be paid to the victim.]

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Section 376E — Punishment for repeat offenders

Section 377 — Unnatural offences

Section 378 — Theft

Provided further that any fine imposed under this section shall be paid to the victim.] 376E. Punishment for repeat offenders.—Whoever has been previously convicted of an offence 1 punishable under section 376 or section 376A or [section 376AB or section 376D or section 376DA or section 376DB,] and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.]] Of Unnatural Offences 377. Unnatural offences.—Whoever voluntarily has carnal intercourse against the order of nature 2 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. CHAPTER XVII OF OFFENCESAGAINST PROPERTY Of Theft 378. Theft.—Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

379. Punishment for theft.—Whoever commits theft shall be punished with imprisonment of either

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Section 379 — Punishment for theft

Section 380 — Theft in dwelling house, etc

Section 381 — Theft by clerk or servant of property in possession of master

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

Section 383 — Extortion

Here A, at the time of first moving the ring, commits theft. (i) A delivers his watch to Z, a jeweller, to be regulated. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch 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, inasmuch 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 inasmuch as he takes it dishonestly. (l) A takes an article belonging to Z out of Z's possession without Z's consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. 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. 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. 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. 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.

384. Punishment for extortion.—Whoever commits extortion shall be punished with imprisonment

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Section 384 — Punishment for extortion

Section 385 — Putting person in fear of injury in order to commit extortion

Section 386 — Extortion by putting a person in fear of death or grievous hurt

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

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

Section 389 — Putting person in fear or accusation of offence, in order to commit extortion

Section 390 — Robbery.—In all robbery there is either theft or extortion. When theft is robbery

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. 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. Extortion by putting a person in fear of death or grievous hurt.—Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 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. 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 1 [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 1 offence be one punishable under section 377 of this Code, may be punished with [imprisonment for life]. Putting person in fear or 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 1 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 1 [imprisonment for life].

Illustrations

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Section 391 — Dacoity

Section 392 — Punishment for robbery

Section 393 — Attempt to commit robbery

Section 394 — Voluntarily causing hurt in committing robbery

Section 395 — Punishment for dacoity

Section 396 — Dacoity with murder

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

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

Section 399 — Making preparation to commit dacoity

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 road, shows a pistol, and demands Z's purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z's child on the high road.

400. Punishment for belonging to gang of dacoits.—Whoever, at any time after the passing of this

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Section 400 — Punishment for belonging to gang of dacoits

Section 401 — Punishment for belonging to gang of thieves

Section 402 — Assembling for purpose of committing dacoity

Section 403 — Dishonest misappropriation of property

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 1 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. 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. 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. 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 the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent.

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

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

Section 405 — Criminal breach of trust

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. 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. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. 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”. 1 2 3 [ [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.] 4 [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 appropriates them to his own use.

406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be

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Section 406 — Punishment for criminal breach of trust

Section 407 — Criminal breach of trust by carrier, etc

Section 408 — Criminal breach of trust by clerk or servant

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

Section 410 — Stolen property

Section 411 — Dishonestly receiving stolen property

Section 412 — Dishonestly receiving property stolen in the commission of a dacoity

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, thought 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 has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. 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. 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. 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. 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, 1 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.

413. Habitually dealing in stolen property.—Whoever habitually receives or deals in property

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Section 413 — Habitually dealing in stolen property

Section 414 — Assisting in concealment of stolen property

Section 415 — Cheating

Section 416 — Cheating by personation

Habitually dealing in stolen property.—Whoever habitually receives or deals in property 1 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. 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. 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, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z.

417. Punishment for cheating.—Whoever cheats shall be punished with imprisonment of either

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Section 417 — Punishment for cheating

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

Section 419 — Punishment for cheating by personation

Section 420 — Cheating and dishonestly inducing delivery of property

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

Section 422 — Dishonestly or fraudulently preventing debt being available for creditors

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

Section 424 — Dishonest or fraudulent removal or concealment of property

Section 425 — Mischief

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. 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. 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. 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. 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 transfers 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. 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.

Illustrations

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Section 426 — Punishment for mischief

Section 427 — Mischief causing damage to the amount of fifty rupees

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

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

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

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

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

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

Illustrations (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water in to an ice-house belonging to Z and thus causes the ice to 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 underwriters. 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.

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

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

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

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

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

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

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

Section 440 — Mischief committed after preparation made for causing death or hurt

Section 441 — Criminal trespass

Section 442 — House-trespass

Mischief by destroying or moving, etc., a land-mark fixed by public authority.—Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees.—Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to 1 any property to the amount of one hundred rupees or upwards [or (where the property is agricultural produce) ten rupees or upwards], shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. Mischief by fire or explosive substance with intent to destroy house, etc.—Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a 2 human dwelling or as a place for the custody of property, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.—Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Punishment for the mischief described in section 437 committed by fire or explosive substance. —Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief 2 as is described in the last preceding section, 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. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.—Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

443. Lurking house-trespass.—Whoever commits house-trespass having taken precautions to

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Section 443 — Lurking house-trespass

Section 444 — Lurking house-trespass by night

Section 445 — House-breaking

Section 446 — House-breaking by night

Section 447 — Punishment for criminal trespass

Section 448 — Punishment for house-trespass

Lurking house-trespass.—Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”. Lurking house-trespass by night.—Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit “lurking house-trespass by night”. House-breaking.—A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:— First.—If he enters or quits through a passage made by himself, or by any abettor of the house- trespass, in order to the committing of the house-trespass. This is house-breaking. (d) A commits house-trespass by entering Z's house through the door, having opened a door which was fastened. This is house-breaking. (e) A commits house-trespass by entering Z's house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking. (f) A finds the key of Z's house door, which Z had lost, and commits house-trespass by entering Z's house, having opened the door with that key.

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

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

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

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

Section 452 — House-trespass alter preparation for hurt, assault or wrongful restraint

Section 453 — Punishment for lurking house-trespass or house-breaking

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

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

Section 456 — Punishment for lurking house-trespass or house-breaking by night

Section 457 — Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment

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

House-trespass in order to commit offence punishable with death.—Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with 1 [imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. House-trespass in order to commit offence punishable with imprisonment for life.— Whoever commits house-trespass in order to the committing of any offence punishable with 1 [imprisonment for life], shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. House-trespass in order to commit offence punishable with imprisonment.—Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years. House-trespass alter preparation for hurt, assault or wrongful restraint.—Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.—Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.—Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.

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

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

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

Section 461 — Dishonestly breaking open receptacle containing property

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

Section 463 — Forgery

Section 464 — Making a false document

Grievous hurt caused whilst committing lurking house-trespass or house-breaking.— Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person 1 or attempts to cause death or grievous hurt to any person, shall be punished with [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.—If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurkking house-trespass by night or house-breaking by night, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Dishonestly breaking open receptacle containing property.—Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Punishment for same offence when committed by person entrusted with custody.— Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CHAPTER XVIII 2 OF OFFENCES RELATING TO DOCUMENTSAND TO *** PROPERTY MARKS 3 463. Forgery.— [Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

practised upon him, he does not know the contents of the document or electronic record or the nature of

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practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.] Illustrations (a) A has a letter of credit upon B for rupees 10,000, written by Z. A has committed forgery. (b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z's will contains these words—“I direct that all my remaining property be equally divided between A, B and C.” A dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C. Here, as A made a false document in order to induce Z to part with property, A has committed forgery. (k) A without B's authority writes a letter and signs it in B's name certifying to A's character, intending thereby to obtain employment under Z. A has committed forgery. (b) A writes the word “accepted” on a piece of paper and signs it with Z's name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name.

Illustration

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Section 465 — Punishment for forgery

Section 466 — Forgery of record of Court or of public register, etc

Section 467 — Forgery of valuable security, will, etc

Section 468 — Forgery for purpose of cheating

Section 469 — Forgery for purpose of harming reputation

Section 470 — Forged document

Section 471 — Using as genuine a forged document or electronic record

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

Illustration A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. 1 2 [Explanation 3.—For the purposes of this section, the expression “affixing [electronic signature]” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).] 465. Punishment for forgery.—Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Forgery of record of Court or of public register, etc.— [Whoever forges a document or an electronic record], purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1 [Explanation.—For the purposes of this section, "register" includes any list, data or record of any entries maintained in the electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).] 467. Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the 4 delivery of any movable property or valuable security, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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

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

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

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

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

Section 477A — Falsification of accounts

Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise.—Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Having possession of document described in section 466 or 467, knowing it to be forged and 1 intending to use it genuine.— [Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code], be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 2 467, shall be punished with [imprisonment for life], or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material.—Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such 2 device or mark has been counterfeited, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material.—Whoever counterfeits upon, or 3 in the substance of, any material, any device or mark used for the purpose of authenticating [any document or electronic record] other than the documents described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.—Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with 2 [imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, 5 mutilates or falsifies any [book, electronic record, paper, writing] valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or 5 omits or alters or abets the omission or alteration of any material particular from or in. any such [book, electronic record, paper, writing] valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation.—It shall be sufficient in any charge under this section to allege a general intent to

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Section 479 — Property mark

Section 480 — [Using a false trade mark

Section 481 — Using a false property mark

Section 482 — Punishment for using a false property mark

Section 483 — Counterfeiting a property mark used by another

Section 484 — Counterfeiting a mark used by a public servant

Section 485 — Making or possession of any instrument for counterfeiting a property mark

Section 486 — Selling goods marked with a counterfeit property mark

Explanation.—It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.] 1 2 [Of ***Property and Other Marks 478. [Trade Mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. Property mark.—A mark used for denoting that movable property belongs to a particular person is called a property mark. 480. [Using a false trade mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. Using a false property mark.—Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. Punishment for using a false property mark.—Whoever uses ***any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Counterfeiting a property mark used by another.—Whoever counterfeits any ***property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

be punished with imprisonment of either description for a term which may extend to one year, or with

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Section 487 — Making a false mark upon any receptacle containing goods

Section 488 — Punishment for making use of any such false mark

Section 489 — Tampering with property mark with intent to cause injury

Section 489A — Counterfeiting currency-notes or bank-notes

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

Section 489C — Possession of forged or counterfeit currency-notes or bank-notes

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

Section 489E — Making or using documents resembling currency-notes or bank-notes

be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Making a false mark upon any receptacle containing goods.—Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Tampering with property mark with intent to cause injury.—Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.] 1 [Of Currency-Notes and Bank-Notes 489A. Counterfeiting currency-notes or bank-notes.—Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with 2 [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. Using as genuine, forged or counterfeit currency-notes or bank-notes.—Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or 2 counterfeit, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Possession of forged or counterfeit currency-notes or bank-notes.—Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

(2) If any person, whose name appears on a document the making of which is an offence under

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

Section 492 — [Breach of contract to serve at distant place to which servant is conveyed at master's expense

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

Section 494 — Marrying again during lifetime of husband or wife

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

Section 496 — Marriage ceremony fraudulently gone through without lawful marriage

(2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees. (3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub- section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made.] CHAPTER XIX OFTHE CRIMINAL BREACHOF CONTRACTSOF SERVICE 490. [Breach of contract of service during voyage or journey.] Rep. by the Workmen's Breach of Contract (Repealing) Act, 1925 (3 of 1925), s. Breach of contract to attend on and supply wants of helpless person.—Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both. 492. [Breach of contract to serve at distant place to which servant is conveyed at master's expense.] Rep. by the Workmen's Breach of Contract (Repealing) Act,1925 (3 of 1925), s. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.—Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.—Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has

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Section 497 — Adultery

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

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

Section 499 — Defamation

Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purposes of this section, “cruelty” means— (a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] CHAPTER XXI OF DEFAMATION 499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the fellings of his family or other near relatives.

First Exception.—Imputation of truth which public good requires to be made or published.—It

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First Exception.—Imputation of truth which public good requires to be made or published.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Second Exception.—Public conduct of public servants.—It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Third Exception.—Conduct of any person touching any public question.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever resepting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. Fifth Exception.—Merits of case decided in Court or conduct of witnesses and others concerned.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Sixth Exception.—Merits of public performance.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of

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Section 500 — Punishment for defamation

Section 501 — Printing or engraving matter known to be defamatory

Section 502 — Sale of printed or engraved substance containing defamatory matter

Section 503 — Criminal intimidation

arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders, a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier- are within this exception. Eighth Exception.—Accusation preferred in good faith to authorised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Illustration If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master;if A in good faith complains of the conduct of Z, a child, to Z's father-A is within this exception. Ninth Exception.—Imputation made in good faith by person for protection of his or other's interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good. Illustrations (a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z.

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

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Section 504 — Intentional insult with intent to provoke breach of the peace

Section 505 — Statements conducing to public mischief

Section 506 — Punishment for criminal intimidation

Section 507 — Criminal intimidation by an anonymous communication

Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Statements conducing to public mischief.— [(1)] Whoever makes, publishes or circulates any statement, rumour or report,— 3 (a) with intent to cause, or which is likely to cause, any officer, soldier, [sailor or airman] in the 4 5 Army, [Navy or Air Force] [of India] to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, 6 shall be punished with imprisonment which may extend to [three years], or with fine, or with both. 7 [(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill- will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in 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.] Exception.—It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for 2 believing that such statement, rumour or report is true and makes, publishes or circulates it [in good faith and] without any such intent as aforesaid.] 506. Punishment for criminal intimidation.—Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 8 [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Criminal intimidation by an anonymous communication.—Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section. Section 505 re-numbered as sub-section (1) of that section by Act 35 of 1969, s.

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

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

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

Section 510 — Misconduct in public by a drunken person

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

Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.—Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Illustrations (a) A sits dhurna at Z's door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section. (b) A threatens Z that, unless Z performs a certain act, A will kill one of A's own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such 1 woman, or intrudes upon the privacy of such woman, [shall be punished with simple imprisonment for a term which may extend to three years, and also with fine]. Misconduct in public by a drunken person.—Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.