THE INDIAN PENAL CODE

1
THE INDIAN PENAL CODE
______________
ARRANGEMENT OF SECTIONS
_________________
CHAPTER I
INTRODUCTION
PREAMBLE
SECTIONS
1. Title and extent of operation of the Code.
2. Punishment of offences committed within India.
3. Punishment of offences committed beyond, but which by law may be tried within, India.
4. Extension of Code to extra-territorial offences.
5. Certain laws not to be affected by this Act.
CHAPTER II
GENERAL EXPLANATIONS
6. Definitions in the Code to be understood subject to exceptions.
7. Sense of expression once explained.
8. Gender.
9. Number.
10. “Man”. “Woman”.
11. “Person”.
12. “Public”.
13. [Omitted.]
14. “Servant of Government”.
15. [Repealed.]
16. [Repealed.]
17. “Government”.
18. “India”.
19. “Judge”.
20. “Court of Justice”.
21. “Public servant”.
22. “Moveable property”.
23. “Wrongful gain”.
“Wrongful loss”.
Gaining wrongfully/ Losing wrongfully.
24. “Dishonestly”.
25. “Fraudulently”.
26. “Reason to believe”.
27. Property in possession of wife, clerk or servant.
28. “Counterfeit”.
29. “Document”.
29A. “Electronic record”.
30. “Valuable security”.
31. “A will”.
32. Words referring to acts include illegal omissions.
33. “Act”.
“Omission”.
34. Acts done by several persons in furtherance of common intention.
35. When such an act is criminal by reason of its being done with a criminal knowledge or intention.
36. Effect caused partly by act and partly by omission.
37. Co-operation by doing one of several acts constituting an offence.
2
SECTIONS
38. Persons concerned in criminal act may be guilty of different offences.
39. “Voluntarily”.
40. “Offence”.
41. “Special law”.
42. “Local law”.
43. “Illegal”.
“Legally bound to do”.
44. “Injury”.
45. “Life”.
46. “Death”.
47. “Animal”.
48. “Vessel”.
49. “Year”.
“Month”.
50. “Section”.
51. “Oath”.
52. “Good faith”
.
52A. “Harbour-“
.
CHAPTER III
OF PUNISHMENTS
53. Punishments.
53A. Construction of reference to transportation.
54. Commutation of sentence of death.
55. Commutation of sentence of imprisonment for life.
55A. Definition of "appropriate Government".
56. [Repealed.]
57. Fractions of terms of punishment.
58. [Repealed.]
59. [Repealed.]
60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous of simple.
61. [Repealed.]
62. [Repealed.]
63. Amount of fine.
64. Sentence of imprisonment for non-payment of fine.
65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.
66. Description of imprisonment for non-payment of fine.
67. Imprisonment for non-payment of fine, when offence punishable with fine only.
68. Imprisonment to terminate on payment of fine.
69. Termination of imprisonment on payment of proportional part of fine.
70. Fine leviable within six years, of during imprisonment. Death not to discharge property from liability.
71. Limit of punishment of offence made up of several offences.
72. Punishment of person guilty of one of several offences, the judgment stating that is doubtful of which.
73. Solitary confinement.
74. Limit of solitary confinement.
75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous
conviction.
CHAPTER IV
GENERAL EXCEPTIONS
76. Act done by a person bound, or by mistake of fact believing himself bound, by law.
77. Act of Judge when acting judicially.
78. Act done pursuant to the judgment or order of Court.
79. Act done by a person justified, or by mistake of fact believing himself justified, by law.
80. Accident in doing a lawful act.
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm.
3
SECTIONS
82. Act of a child under seven years of age.
83. Act of a child above seven and under twelve of immature understanding.
84. Act of a person of unsound mind.
85. Act of a person incapable of judgment by reason of intoxication caused against his will.
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated.
87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
88. Act not intended to cause death, done by consent in good faith for person's benefit.
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.
Provisos.
90. Consent known to be given under fear or misconception.
Consent of insane person.
Consent of child.
91. Exclusion of acts which are offences independently of harm caused.
92. Act done in good faith for benefit of a person without consent.
Provisos.
93. Communication made in good faith.
94. Act to which a person is compelled by threats.
95. Act causing slight harm.
Of the Right of Private Defense
96. Things done in private defence.
97. Right of private defence of the body and of property.
98. Right of private defence against the act of a person of unsound mind. etc.
99. Acts against which there is no right of private defence.
Extent to which the right may be exercised.
100.When the right of private defence of the body extends to causing death .
101.When such right extends to causing any harm other than death.
102.Commencement and continuance of the right of private defence of the body.
103.When the right of private defence of property extends to causing death.
104.When such right extends to causing any harm other than death.
105.Commencement and continuance of the right of private defence of property.
106.Right of private defence against deadly assault when there is risk of harm to innocent person.
CHAPTER V
OF ABETMENT
107.Abetment of a thing.
108.Abettor.
108A. Abetment in Indian of offences outside India.
109.Punishment of a abetment if the act abetted is committed in consequence and when no express
provision is made for its punishment.
110.Punishment of abetment if person abetted does act with different intention from that of abet tor.
111.Liability of abettor when one act abetted and different act done.
112.Abettor when liable to cumulative punishment for act abetted and for act done.
113.Liability of abettor for an effect caused by the act abetted different from that intended by the abettor.
114.Abettor present when offence is committed.
115.Abetment of offence punishable with death or imprisonment for life.—if offence not committed.
if act causing harm be done in consequence.
116.Abetment of offence punishable with imprisonment.—if offence be not committed.
if abettor or person abetted be a public servant whose duty it is to prevent offence.
117.Abetting commission of offence by the public or by more than ten persons.
118.Concealing design to commit offence punishable with death or imprisonment for life.
If offence be committed;
if offence be not committed.
119.Public servant concealing design to commit offence which it is his duty to prevent.
if offence be committed;
if offence be punishable with death, etc.
if offence be not committed.
120.Concealing design to commit offence punishable with imprisonment.
if offence be committed;
if offence be not committed.
CHAPTER VA
CRIMINALCONSPIRACY
120A. Definition of criminal conspiracy.
4
SECTIONS
120B. Punishment of criminal conspiracy.
CHAPTER VI
OF OFFENCES AGAINST THE STATE
121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
121A. Conspiracy to commit offences punishable by section 121.
122. Collecting arms, etc., with intention of waging war against the Government of India.
123. Concealing with intent to facilitate design to wage war.
124. Assaulting President. Governor, etc., with intent to compel or restrain the exercise of any lawful power.
124A. Sedition.
125. Waging war against any Asiatic power in alliance with the Government of India.
126. Committing depredation on territories of power at peace with the Government of India.
127. Receiving property taken by war or depredation mentioned in sections 125 and 126.
128. Public servant voluntarily allowing prisoner of State or war to escape.
129. Public servant negligently suffering such prisoner to escape.
130. Aiding escape of, rescuing or harbouring such prisoner.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVYAND AIR FORCE
131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
132. Abetment of mutiny, if mutiny is committed in consequence thereof.
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
134. Abetment of such assault, if the assault is committed.
135. Abetment of desertion of soldier, sailor or airman.
136. Harbouring deserter.
137. Deserter concealed on board merchant vessel through negligence of master.
138. Abetment of act of insubordination by soldier, sailor or airman.
138A. [Repealed.]
139. Persons subject to certain Acts.
140. Wearing garb or carrying token used by soldier, sailor or airman.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
141. Unlawful assembly.
142. Being member of unlawful assembly.
143. Punishment.
144. Joining unlawful assembly armed with deadly weapon.
145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
146. Rioting.
147. Punishment for rioting.
148. Rioting, armed with deadly weapon.
149. Every member of unlawful assembly guilty of offence committed in prosecution of common object.
150. Hiring, or conniving at hiring, of persons to join unlawful assembly.
151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.
152. Assaulting or obstructing public servant when suppressing riot, etc.
153. Wantonly giving provocation, with intent to cause riot—
if rioting be committed; if not committed.
153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence.
language, etc., and doing acts prejudicial to maintenance of harmony.
Offence committed in place of worship, etc.
153AA. Punishment for knowingly carrying arms in any procession or organizing, or holding or taking part in
any mass drill or mass training with arms.
153B. Imputation, assertions prejudicial to national-integration.
154. Owner or occupier of land on which an unlawful assembly is held.
155. Liability of person for whose benefit riot is committed.
156. Liablility of agent of owner or occupier for whose benefit riot is committed.
157. Harbouring persons hired for an unlawful assembly.
5
SECTIONS
158. Being hired to take part in an unlawful assembly or riot; or to go armed.
159. Affray.
160. Punishment for committing affray.
CHAPTER IX
OF OFFENCESBY OR RELATING TO PUBLIC SERVANTS
161. to 165A. [Repealed.]
166. Public servant disobeying law, with intent to cause injury to any person.
166A. Public servant disobeying direction under law.
166B. Punishment for non-treatment of victim.
167. Public servant framing an incorrect document with intent to cause injury.
168. Public servant unlawfully engaging in trade.
169. Public servant unlawfully buying or bidding for property.
170. Personating a public servant.
171. Wearing garb or carrying token used by public servant with fraudulent intent.
CHAPTER IXA
OF OFFENCESRELATING TO ELECTIONS
171A. “Candidate”, “Electoral right” defined.
171B. Bribery.
171C. Undue influence at elections.
171D.Personation at elections.
171E. Punishment for bribery.
171F. Punishment for undue influence or personation at an election.
171G.False statement in connection with an election.
171H. Illegal payments in connection with an election.
171-I. Failure to keep election accounts.
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172. Absconding to avoid service of summons of other proceeding.
173. Preventing service of summons or other proceeding, or preventing publication thereof.
174. Non-attendance in obedience to an order from public servant.
174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.
175. Omission to produce document to public servant by person legally bound to produce it.
176. Omission to give notice or information to public servant by person legally bound to give it.
177. Furnishing false information.
178. Refusing oath or affirmation when duly required by public servant to make it.
179. Refusing to answer public servant authorised to question.
180. Refusing to sign statement.
181. False statement on oath or affirmation to public servant or person authorised to administer an oath or
affirmation.
182. False information, with intent to cause public servant to use his lawful power to the injury of another person.
183. Resistance to the taking of property by the lawful authority of a public servant.
184. Obstructing sale of property offered for sale by authority of public servant.
185. Illegal purchase or bid for property offered for sale by authority of public servant.
186. Obstructing public servant in discharge of public functions.
187. Omission to assist public servant when bound by law to give assistance.
188. Disobedience to order duly promulgated by public servant.
189. Threat of injury to public servant.
190. Threat of injury to induce person to refrain from applying for protection to public servant.
CHAPTER XI
OF FLSEEVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
191. Giving false evidence.
192. Fabricating false evidence.
193. Punishment for false evidence.
194. Giving or fabricating false evidence with intent to procure conviction of capital offence.
if innocent person be thereby convicted and executed.
6
SECTIONS
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life
or imprisonment.
195A. Threatening any person to give false evidence.
196. Using evidence known to be false.
197. Issuing or signing false certificate.
198. Using as true a certificate known to be false.
199. False statement made in declaration which is by law receivable as evidence.
200. Using as true such declaration knowing it to be false.
201. Causing disappearance of evidence of offence, or giving false information, to screen offender—
if a capital offence;
if punishable with imprisonment for life;
if punishable with less than ten Years' imprisonment.
202. Intentional omission to give information of offence by person bound to inform.
203. Giving false information respecting an offence committed.
204. Destruction of document to prevent its production as evidence.
205. False personation for purpose of act or proceeding in suit or prosecution.
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.
208. Fraudulently suffering decree for sum not due.
209. Dishonestly making false claim in Court.
210. Fraudulently obtaining decree for sum not due.
211. False charge of offence made with intent to injure.
212. Harbouring offender.—
if a capital offence;
if punishable with imprisonment for life, or with imprisonment.
213. Taking gift, etc., to screen an offender from punishment.—
if a capital offence;
if punishable with imprisonment for life, or with imprisonment.
214. Offering gift or restoration of property in consideration of screening offenderif
a capital offence;
if punishable with imprisonment for life, or with imprisonment.
215. Taking gift to help to recover stolen property, etc.
216. Harbouring offender who has escaped from custody of whose apprehension has been ordered -
if a capital offence;
if punishable with imprisonment for life, or with imprisonment.
216A. Penalty for harbouring robbers or dacoits.
216B. [Repealed.]
217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
218. Public servant framing incorrect record or writing with intent to save person from punishment or property from
forfeiture.
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law.
220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
221. Intentional omission to apprehend on the part of public servant bound to apprehend.
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully
committed.
223. Escape from confinement or custody negligently suffered by public servant.
224. Resistance or obstruction by a person to his lawful apprehension.
225. Resistance or obstruction to lawful apprehension of another person.
225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.
225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.
226. [Repealed.]
227. Violation of condition of remission of punishment.
228. Intentional insult or interruption to public servant sitting in judicial proceeding.
228A. Disclosure of identity of the victim of certain offences, etc.
229. Personation of a juror or assessor.
229A. Failure by person released on bail or bond to appear in Court.
7
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
SECTIONS
230. “Coin” defined.
Indian coin.
231. Counterfeiting coin.
232. Counterfeiting Indian coin.
233. Making or selling instrument for counterfeiting coin.
234. Making or selling instrument for counterfeiting Indian coin.
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin:
if Indian coin.
236. Abetting in India the counterfeiting out of India of coin.
237. Import or export of counterfeit coin.
238. Import or export of counterfeits of the Indian coin.
239. Delivery of coin, possessed with knowledge that it is counterfeit.
240. Delivery of Indian coin, possessed with knowledge that it is counterfeit.
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.
243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.
244. Person employed in mint causing coin to be of different weight or composition from that fixed by law.
245. Unlawfully taking coining instrument from mint.
246. Fraudulently or dishonestly diminishing weight or altering composition of coin.
247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin.
248. Altering appearance of coin with intent that it shall pass as coin of different description.
249. Altering appearance of Indian coin with intent that it shall pass as coin of different description.
250. Delivery of coin, possessed with knowledge that it is altered.
251. Delivery of Indian coin, possessed with knowledge that it is altered.
252. Possession of coin by person who knew it to be altered when he became possessed thereof.
253. Possession of Indian coin by person who knew it to be altered when he became possessed ther eof.
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered.
255. Counterfeiting Government stamp.
256. Having possession of instrument or material for counterfeiting Government stamp.
257. Making or selling instrument for counterfeiting Government stamp.
258. Sale of counterfeit Government stamp.
259. Having possession of counterfeit Government stamp.
260. Using as genuine a Government stamp known to be counterfeit.
261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it,
with intent to cause loss to Government.
262. Using Government stamp known to have been before used.
263. Erasure of mark denoting that stamp has been used.
263A. Prohibition of fictitious stamps.
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
264. Fraudulent use of false instrument for weighing.
265. Fraudulent use of false weight or measure.
266. Being In possession of false weight or measure.
267. Making or selling false weight or measure.
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,
DECENCYAND MORALS
268. Public nuisance.
269. Negligent act likely to spread infection of disease dangerous to life.
270. Malignant act likely to spread infection of disease dangerous to life.
271. Disobedience to quarantine rule.
272. Adulteration of food or drink intended for sale.
273. Sale of noxious food or drink.
274. Adulteration of drugs.
8
SECTIONS
275. Sale of adulterated drugs.
276. Sale of drug as a different drug or preparation.
277. Fouling water of public spring or reservoir.
278. Making atmosphere noxious to health.
279. Rash driving or riding on a public way.
280. Rash navigation of vessel.
281. Exhibition of false light, mark or buoy.
282. Conveying person by water for hire in unsafe or overloaded vessel.
283. Danger or obstruction in public way or line of navigation.
284. Negligent conduct with respect to poisonous substance.
285. Negligent conduct with respect to fire or combustible matter.
286. Negligent conduct with respect to explosive substance.
287. Negligent conduct with respect to machinery.
288. Negligent conduct with respect to pulling down or repairing buildings.
289. Negligent conduct with respect to animal.
290. Punishment for public nuisance in cases not otherwise provided for.
291. Continuance of nuisance after injunction to discontinue.
292. Sale, etc., of obscene books, etc.
293. Sale, etc., of obscene objects to young person.
294. Obscene acts and songs.
294A. Keeping lottery office.
CHAPTER XV
OF OFFENCESRELATING TO RELIGION
295. Injuring or defiling place of work ship, with intent to insult the religion of any class.
295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its
religion or religious beliefs.
296. Disturbing religious assembly.
297. Trespassing on burial places, etc.
298. Uttering words, etc., with deliberate intent to wound the religious feelings.
CHAPTER XVI
OF OFFENCESAFFECTINGTHE HUMAN BODY
Of offences affecting life
299. Culpable homicide.
300. Murder.
When culpable homicide is not murder.
301. Culpable homicide by causing death of person other than person whose death was intended.
302. Punishment for murder.
303. Punishment for murder by life-convict.
304. Punishment for culpable homicide not amounting to murder.
304A. Causing death by negligence.
304B. Dowry death.
305. Abetment of suicide of child or insane person.
306. Abetment of suicide.
307. Attempt to murder.
Attempts by life-convicts.
308. Attempt to commit culpable homicide.
309. Attempt to commit suicide.
310. Thug.
311. Punishment.
Of the causing of Miscarriage, of Injuries to unborn Children, of the Exposure of Infants,
and of the concealment of Births
312. Causing miscarriage.
313. Causing miscarriage without woman's consent.
9
SECTIONS
314. Death caused by act done with intent to cause miscarriage.
if act done without woman's consent.
315. Act done with intent to prevent child being born alive or to cause it to die after birth.
316. Causing death of quick unborn child by act amounting to culpable homicide.
317. Exposure and abandonment of child under twelve years, by parent or person having care of it.
318. Concealment of birth by secret disposal of dead body.
Of Hurt
319. Hurt.
320. Grievous hurt.
321. Voluntarily causing hurt.
322. Voluntarily causing grievous hurt.
323. Punishment for voluntarily causing hurt.
324. Voluntarily causing hurt by dangerous weapons or means.
325. Punishment for voluntarily causing grievous hurt.
326. Voluntarily causing grievous hurt by dangerous weapons or means.
326A. Voluntarily causing grievous hurt by use of acid, etc.
326B. Voluntarily throwing or attempting to throw acid.
327. Voluntarily causing hurt to extort property, or to constrain to an illegal act.
328. Causing hurt by means of poison, etc., with intent to commit an offence.
329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.
330. Voluntarily causing hurt to extort confession, or to compel restoration of property.
331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.
332. Voluntarily causing hurt to deter public servant from his duty.
333. Voluntarily causing grievous hurt to deter public servant from his duty.
334. Voluntarily causing hurt on provocation.
335. Voluntarily causing grievous hurt on provocation.
336. Act endangering life or personal safety of others.
337. Causing hurt by act endangering life or personal safety of others.
338. Causing grievous hurt by act endangering life or personal safety of others.
Of wrongful restraint and wrongful confinement
339. Wrongful restraint.
340. Wrongful confinement.
341. Punishment for wrongful restraint.
342. Punishment for wrongful confinement.
343. Wrongful confinement for three or more days.
344. Wrongful confinement for ten or more days.
345. Wrongful confinement of person for whose liberation writ has been issued.
346. Wrongful confinement in secret.
347. Wrongful confinement to extort property, or constrain to illegal act.
348. Wrongful confinement to extort confession, or compel restoration of property.
Of Criminal Force and Assault
349. Force.
350. Criminal force.
351. Assault.
352. Punishment for assault or criminal force otherwise than on grave provocation.
353. Assault or criminal force to deter public servant from discharge of his duty.
354. Assault of criminal force to woman with intent to outrage her modesty.
354A. Sexual harassment and punishment for sexual harassment.
354B. Assault or use of criminal force to woman with intent to disrobe.
354C. Voyeurism.
354D. Stalking.
355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.
356. Assault or criminal force in attempt to commit theft of property carried by a person.
357. Assault or criminal force in attempt wrongfully to confine a person.
358. Assault or criminal force on grave provocation.
Of Kidnapping, Abduction, Slavery and Forced Labour
359. Kidnapping.
10
SECTIONS
360. Kidnapping from India.
361. Kidnapping from lawful guardianship.
362. Abduction.
363. Punishment for kidnapping.
363A. Kidnapping or maiming a minor for purposes of begging.
364. Kidnapping or abducting in order to murder.
364A. Kidnapping for ransom, etc.
365. Kidnapping or abducting with intent secretly and wrongfully to confine person.
366. Kidnapping, abducting or inducing woman to compel her marriage, etc.
366A. Procuration of minor girl.
366B. Importation of girl from foreign country.
367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
369. Kidnapping or abducting child under ten years with intent to steal from its person.
370. Trafficking of person.
370A. Exploitation of a trafficked person.
371. Habitual dealing in slaves.
372. Selling minor for purposes of prostitution, etc.
373. Buying minor for purposes of prostitution, etc.
374. Unlawful compulsory labour.
Sexual offences
375. Rape.
376. Punishment for rape.
376A. Punishment for causing death or resulting in persistent vegetative state of victim.
376B. Sexual intercourse by husband upon his wife during separation.
376C. Sexual intercourse by a person in authority.
376D. Gang rape.
376E. Punishment for repeat offenders.
Of Unnatural offences
377. Unnatural offences.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of Theft
378. Theft.
379. Punishment for theft.
380. Theft in dwelling house, etc.
381. Theft by clerk or servant of property in possession of master.
382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.
Of Extortion
383. Extortion.
384. Punishment for extortion.
385. Putting person in fear of injury in order to commit extortion.
386. Extortion by putting a person in fear of death on grievous hurt.
387. Putting person in fear of death or of grievous hurt, in order to commit extortion.
388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.
389. Putting person in fear of accusation of offence, in order to commit extortion.
Of Robbery and Dacoity
390. Robbery.
When theft is robbery.
When extortion is robbery.
391. Dacoity.
392. Punishment for robbery.
393. Attempt to commit robbery.
394. Voluntarily causing hurt in committing robbery.
395. Punishment for dacoity.
11
SECTIONS
396. Dacoity with murder.
397. Robbery, or dacoity, with attempt to cause death or grievous hurt.
398. Attempt to commit robbery or dacoity when armed with deadly weapon.
399. Making preparation to commit dacoity.
400. Punishment for belonging to gang of dacoits.
401. Punishment for belonging to gang of thieves.
402. Assembling for purpose of committing dacoity.
Of Criminal Misappropriation of Property
403. Dishonest misappropriation of property.
404. Dishonest misappropriation of property possessed by deceased person at the time of his death.
Of Criminal Breach of Trust
405. Criminal breach of trust.
406. Punishment for criminal breach of trust.
407. Criminal breach of trust by carrier, etc.
408. Criminal breach of trust by clerk or servant.
409. Criminal breach of trust by public, servant. or by banker, merchant or agent.
Of the Receiving of Stolen Property
410. Stolen property.
411. Dishonestly receiving stolen property.
412. Dishonestly receiving property stolen in the commission of a dacoity.
413. Habitually dealing in stolen property.
414. Assisting in concealment of stolen property.
Of Cheating
415. Cheating.
416. Cheating by personation.
417. Punishment for cheating.
418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.
419. Punishment for cheating by personation.
420. Cheating and dishonestly inducing delivery of property.
Of Fraudulent Deeds and Dispositions of Property
421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditor.
422. Dishonestly or fraudulently preventing debt being available for creditors.
423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
424. Dishonest or fraudulent removal or concealment of property.
Of Mischief
425. Mischief.
426. Punishment for mischief.
427. Mischief causing damage to the amount of fifty rupees.
428. Mischief by killing or maiming animal of the value of ten rupees.
429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.
430. Mischief by injury to works of irrigation or by wrongfully diverting water.
431. Mischief by injury to public road, bridge, river or channel.
432. Mischief by causing inundation or obstruction to public drainage attended with damage.
433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark.
434. Mischief by destroying or moving, etc., a land-mark fixed by public authority.
435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural
produce ) ten rupees.
436. Mischief by fire or explosive substance with intent to destroy house, etc.
437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.
438. Punishment for the mischief described in section 437 committed by fire or explosive substance.
439. Punishment for intentionally running vessel agroun, or ashore with intent to commit theft, etc.
440. Mischief committed after preparation made for causing death or hurt.
12
Of Criminal Trespass
SECTIONS
441. Criminal trespass.
442. House-trespass.
443. Lurking house-trespass.
444. Lurking house-trespass by night.
445. House-breaking.
446. House-breaking by night.
447. Punishment for criminal trespass.
448. Punishment for house-trespass.
449. House-trespass in order to commit offence punishable with death.
450. House-trespass in order to commit offence punishable with imprisonment for life.
451. House-trespass in order to commit offence punishable with imprisonment.
452. House-trespass after preparation for hurt, assault or wrongful restraint.
453. Punishment for lurking house-trespass or house-breaking.
454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.
456. Punishment for lurking house-trespass or house-breaking by night.
457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.
458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.
459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking.
460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous
hurt caused by one of them.
461. Dishonestly breaking open receptacle containing property.
462. Punishment for same offence when committed by person entrusted with custody.
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
463. Forgery.
464. Making a false document.
465. Punishment for forgery.
466. Forgery of record of Court or of public register, etc.
467. Forgery of valuable security, will, etc.
468. Forgery for purpose of cheating.
469. Forgery for purpose of harming reputation.
470. Forged document.
471. Using as genuine a forged document or electronic record.
472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467.
473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise.
474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as
genuine.
475. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit
marked material.
476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or
possessing counterfeit marked material.
477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
477A. Falsification of accounts.
Of Property and Other Marks
478. [Repealed.]
479. Property mark.
480. [Repealed.]
481. Using a false property mark.
482. Punishment for using a false property mark.
483. Counterfeiting a property mark used by another.
484. Counterfeiting a mark used by a public servant.
485. Making or possession of any instrument for counterfeiting a property mark.
486. Selling goods marked with a counterfeit property mark.
487. Making a false mark upon any receptacle containing goods.
488. Punishment for making use of any such false mark.
489. Tampering with property mark with intent to cause injury.
13
Of Currency-Notes and Bank-Notes
SECTIONS
489A.Counterfeiting currency-notes or bank-notes.
489B. Using as genuine, forged or counterfeit currency-notes or bank-notes.
489C. Possession of forged or counterfeit currency notes or bank-notes.
489D. Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes.
489E. Making or using documents resembling currency-notes or bank-notes.
CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
490. [Repealed.]
491. Breach of contract to attend on and supply wants of helpless person.
492. [Repealed.]
CHAPTER XX
OF OFFENCES RELATINGTO MARRIAGE
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
494. Marrying again during life-time of husband or wife.
495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.
496. Marriage ceremony fraudulently gone through without lawful marriage.
497. Adultery.
498. Enticing or taking away or detaining with criminal intent a married woman.
CHAPTER XXA
OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
498A. Husband or relative of husband of a woman subjecting her to cruelty.
CHAPTER XXI
OF DEFAMATION
499. Defamation.
Imputation of truth which public good requires to be made or published.
Public conduct of public servants.
Conduct of any person touching any public question.
Publication of reports of proceedings of Courts.
Merits of case decided in Court or conduct of witnesses and others concerned.
Merits of public performance.
Censure passed in good faith by person having lawful authority over another.
Accusation preferred in good faith to authorised person.
Imputation made in good faith by person for protection of his or other's interests.
Caution intended for good of person to whom conveyed or for public good.
500. Punishment for defamation.
501. Printing or engraving matter known to be defamatory.
502. Sale of printed or engraved substance containing defamatory matter.
CHAPTER XXII
OR CRIMINAL INTIMIDATION, INSULTAND ANNOYANCE
503. Criminal intimidation.
504. Intentional insult with intent to provoke breach of the peace.
505. Statements conducing to public mischief.
Statements creating or promoting enmity, hatred or ill-will between classes.
Offence under sub-section (2) committed in place of worship, etc.
14
SECTIONS
506. Punishment for criminal intimidation.
If threat be to cause death or grievous hurt, etc.
507. Criminal intimidation by an anonymous communication.
508. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.
509. Word, gesture or act intended to insult the modesty of a woman.
510. Misconduct in public by a drunken person.
CHAPTER XXIII
OF ATTEMPTS OF COMMIT OFFENCES
511. Punishment for attempting to commit offences punishable with imprisonment for life or other
imprisonment.
15
THE INDIAN PENAL CODE
ACT NO. 45 OF 18601
[6th October, 1860.]
CHAPTER I
INTRODUCTION
Preamble.—WHEREAS it is expedient to provide a general Penal Code for 2
[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
shall 3
[extend to the whole of India 4
[except the State of Jammu and Kashmir]].
2. Punishment of offences committed within India.—Every person shall be liable to punishment
under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which
he shall be guilty within 5
[India] 6
****.
3. Punishment of offences committed beyond, but which by law may be tried within, India.—
Any person liable, by any 7
[Indian law], to be tried for an offence committed beyond 8
[India] shall be
dealt with according to the provisions of this Code for any act committed beyond 8
[India] in the same
manner as if such act had been committed within 5
[India].
9
[4. 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. 2;
Panth Piploda, by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2 and the Sch.;
Khondmals District, by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and the Sch; and
Angul District, by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and the Sch.
It has been declared under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following
Scheduled Districts, namely: the United Provinces Tarai Districts, see Gazette of India, 1876, Pt. I, p. 505; the Districts of
Hazaribagh, Lohardaga [now called the Ranchi District, see Calcutta Gazetta, 1899, Pt. I, p. 44] and Manbhum and
Pargana Dhalbhum and the Kolhan in the District of Singhbum—see Gazette of India, 1881, Pt. I, p. 504.
It has been extended under s. 5 of the same Act to the Lushai Hills—see Gazette of India, 1898, Pt. II, p. 345.
The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch; to Dadra and Nagar Haveli by Reg. 6
of 1963, s. 2 and Sch. I.; to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I and to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.
2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
3. The Original words have successively been amended by Act 12 of 1891, s. 2 and Sch. I, the A.O. 1937, the A.O. 1948 and the
A.O. 1950 to read as above.
4. Subs. by Act 3 of 1951, s. 3 and the Sch., for “except Part B States”.
5. The original words “the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the A.O 1950 and
Act 3 of 1951, s. 3 and the Sch., to read as above.
6. The words and figures “on or after the said first day of May, 1861” rep. by Act 12 of 1891, s. 2 and the First Sch.
7. Subs. by the A.O. 1937, for “law passed by the Governor General of India in Council”.
8. The Original words “the limits of the said territories” have successively been amended by the A.O. 1937, the A.O.1948,
the A.O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
9. Subs. by Act 4 of 1898, s. 2, for section 4.
10. Subs. by the A.O. 1950, for cls. (1) to (4).
11. Ins. by Act 10 of 2009, s. 51 (w.e.f. 27-10-2009).
12. Subs. by s. 51, ibid., for the Explanation (w.e.f. 27-10-2009).
16
(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
***A, 3
[who is 4
[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of
of murder in any place in 5
[India] in which he may be found.
6
* * * * *
7
[5. Certain laws not to be affected by this Act.—Nothing in this Act shall affect the provisions of
any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the
Government of India or the provisions of any special or local law.]
CHAPTER II
GENERAL EXPLANATIONS
6. Definitions in the Code to be understood subject to exceptions.—Throughout this Code every
definition of an offence, every penal provision, and every illustration of every such definition or penal
provision, shall be understood subject to the exceptions contained in the Chapter entitled “General
Exceptions”, though 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. Here A is not guilty of the offence of
wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which
provides that “nothing is an offence which is done by a person who is bound by law to do it”.
7. Sense of expression once explained.—Every expression which is explained in any part of this
Code, is used in every part of this Code in conformity with the explanation.
8. Gender.—The pronoun “he” and its derivatives are used of any person, whether male or female.
9. Number.—Unless the contrary appears from the context, words importing the singular number
include the plural number, and words importing the plural number include the singular number.
10. “Man”. “Woman”.—The word “man” denotes a male human being of any age; the word
“woman” denotes a female human being of any age.
11. “Person”.—The word “person” includes any Company or Association or body of persons,
whether incorporated or not.
12. “Public”.—The word “public” includes any class of the public or any community.
13. [Definition of “Queen”.] Omitted by the A. O. 1950.
8
[14. “Servant of Government”.—The words “servant of Government” denote any officer or servant
servant continued, appointed or employed in India by or under the authority of Government.]
15. [Definition of “British India”.] Rep. by the A. O. 1937.
16. [Definition of “Government of India”.] Rep., ibid.
1. Subs. by Act 36 of 1957, s. 3 and Sch, II, for “lllustrations”
2. The brackets and letter “(a)” omitted by s. 3 and the Second Sch., ibid.
3. Subs. by the A.O. 1948, for “a coolie, who is a Native Indian subject”
4. Subs. by the A.O. 1950, for “a British subject of Indian domicile”.
5. The words “British India” have been successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and
the Sch., to read as above.
6. Illustrations (b), (c) and (d) omitted by the A.O. 1950.
7. Subs., ibid., for section 5.
8. Subs., ibid., for section 14.
17
1
[17 “Government”.—The word “Government” denotes the Central Government or the Government
of a 2
***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.
(c) A member of a panchayat which has power, under 4Regulation 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.
Illustration
A Panchayat acting under 4Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of
Justice.
21. “Public servant”.—The words “public servant” denote a person falling under any of the
descriptions hereinafter following, namely:—
5
* * * * *
Second.—Every Commissioned Officer in the Military, 6
[Naval or Air] Forces 7
[
8
*** of India];
9
[Third.—Every Judge including any person empowered by law to discharge, whether by himself or
as a member of any body of persons, any adjudicatory functions;]
Fourth.—Every officer of a Court of Justice 10[(including a liquidator, receiver or commissioner)]
whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make,
authenticate, or keep any document, or to take charge or dispose of any property, or to execute any
judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every
person specially authorised by a Court of Justice to perform any of such duties;
Fifth.—Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public
servant;
1. Subs. by the A.O. 1950, for section 17.
2. The word and letter “Part A” omitted by Act 3 of 1951, s. 3 and the Sch.
3. Subs. by s. 3 and the Sch., ibid., for s. 18 which was ins. by the A.O. 1950. The Original s. 18 was rep. by the A.O. 1937.
4. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).
5.Cl. First omitted by the A.O. 1950.
6. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or Naval”.
7. The original words “of the Queen while serving under the Government of India, or any Government” have successively been
amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.
8. The words “of the Dominion” omitted by the A.O. 1950.
9. Subs. by Act 40 of 1964, s. 2, for cl. Third.
10. Ins. by s. 2, ibid.
18
Sixth.—Every arbitrator or other person to whom any cause or matter has been referred for decision
or report by any Court of Justice, or by any other competent public authority;
Seventh.—Every person who holds any office by virtue of which he is empowered to place or keep
any person in confinement;
Eighth.—Every officer of 1
[the Government] whose duty it is, as such officer, to prevent offences, to
give information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
Ninth.—Every officer whose duty it is as such officer, to take, receive, keep or expend any property
on behalf of 1
[the Government], or to make any survey, assessment or contract on behalf of 1
[the
Government], or to execute any revenue-process, or to investigate, or to report, on any matter affecting
the pecuniary interests of 1
[the Government], or to make, authenticate or keep any document relating to
the pecuniary interests of 1
[the Government], or to prevent the infraction of any law for the protection of
the pecuniary interests of 1
[the Government] 2
***;
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.
1. Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A.O. 1937, for “Government”.
2. Certain words omitted by Act 40 of 1964, s. 2.
3. Ins. by Act 39 of 1920, s. 2.
4. Subs. by Act 40 of 1964, s. 2, for Cl. Twelfth.
5. Explanation 4 omitted by Act 39 of 1920, s. 2.
19
Gaining wrongfully/Losing wrongfully.—A person is said to gain wrongfully when such person
retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully
when such person is wrongfully kept out of any property, as well as when such person is wrongfully
deprived of property.
24. “Dishonestly”.—Whoever does anything with the intention of causing wrongful gain to one
person or wrongful loss to another person, is said to do that thing “dishonestly”.
25. “Fraudulently”.—A person is said to do a thing fraudulently if he does that thing with intent to
defraud but not otherwise.
26. “Reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient
cause to believe that thing but not otherwise.
27. “Property in possession of wife, clerk or servant”.—When property is in the possession of a
person's wife, clerk or servant, on account of that person, it is in that person's possession within the
meaning of this Code.
Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk
or servant, is a clerk or servant within the meaning of this section.
28. “Counterfeit”.—A person is said to “counterfeit” who causes one thing to resemble another
thing, intending by means of that resemblance to practise deception, or knowing it to be likely that
deception will thereby be practised.
1
[Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance is
such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the
person so causing the one thing to resemble the other thing intended by means of that resemblance to
practise deception or knew it to be likely that deception would thereby be practised.]
29. “Document”.—The word “document” denotes any matter expressed or described upon any
substance by means of letters, figures or marks, or by more than one of those means, intended to be used,
or which may be used, as evidence of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or marks
are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
A cheque upon a banker is a document.
A power-of-attorney is a document.
A map or plan which is intended to be used or which may be used as evidence, is a document.
A writing containing directions or instructions is a document.
Explanation 2.—Whatever is expressed by means of letters, figures or marks as explained by
mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the
meaning of this section, although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by
mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same
manner as if the words “pay to the holder” or words to that effect had been written over the signature.
2
[29A. “Electronic record”.—The words “electronic record” shall have the meaning assigned to
them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).]
30. “Valuable security”.—The words “valuable security” denote a document which is, or purports to
be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or
1. Subs. by Act 1 of 1889, s. 9, for the Explanation.
2. Ins. by Act 21 of 2000, s. 91 and the First Sch. (w.e.f. 17-10-2000).
20
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.
32. Words referring to acts include illegal omissions.—In every part of this Code, except where a
contrary intention appears from the context, words which refer to acts done extend also to illegal
omissions.
33. “Act”. “Omission”.—The word “act” denotes as well as series of acts as a single act: the word
“omission” denotes as well a series of omissions as a single omission.
1
[34. Acts done by several persons in furtherance of common intention.—When a criminal act is
done by several persons in furtherance of the common intention of all, each of such persons is liable for
that act in the same manner as if it were done by him alone.]
35. When such an act is criminal by reason of its being done with a criminal knowledge or
intention.—Whenever an act, which is criminal only by reason of its being done with a criminal
knowledge or intention, is done by several persons, each of such persons who joins in the act with such
knowledge or intention is liable for the act in the same manner as if the act were done by him alone with
that knowledge or intention.
36. Effect caused partly by act and partly by omission.—Wherever the causing of a certain effect,
or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the
causing of that effect partly by an act and partly by an omission is the same offence.
Illustration
A intentionally causes Z's death, partly by illegally omitting to give Z food, and party by beating Z. A has committed
murder.
37. Co-operation by doing one of several acts constituting an offence.—When an offence is
committed by means of several acts, whoever intentionally co-operates in the commission of that offence
by doing any one of those acts, either singly or jointly with any other person, commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the
poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to
him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by which the death is
caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B,
intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his
attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of
Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegally omits to supply Z with food; in
consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from
his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that
he is likely thereby to cause Z's death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty
only of an attempt to commit murder.
38. Persons concerned in criminal act may be guilty of different offences.—Where several
persons are engaged or concerned in the commission of a criminal act, they may be guilty of different
offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not
amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation,
assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of
culpable homicide.
1. Subs. by Act 27 of 1870, s. 1, for s. 34.
21
39. “Voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means
whereby he intended to cause it, or by means which, at the time of employing those means, he knew or
had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death
of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he
knew that he was likely to cause death, he has caused death voluntarily.
1
[40. “Offence”.—Except in the 2
[Chapters] and sections mentioned in clauses 2 and 3 of this section,
the word “offence” denotes a thing made punishable by this Code.
In Chapter IV, 3
[Chapter VA] and in the following sections, namely, sections 4
[64, 65, 66, 5
[67], 71],
109, 110, 112, 114, 115, 116, 117,6
[118, 119 and 120] 187, 194, 195, 203, 211, 213, 214, 221, 222, 223,
224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word “offence” denotes a thing
punishable under this Code, or under any special or local law as hereinafter defined.
And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same meaning
when the thing punishable under the special or local law is punishable under such law with imprisonment
for a term of six months or upwards, whether with or without fine.]
41. “Special law”.—A “special law” is a law applicable to a particular subject.
42. “Local law”.—A “local law” is a law applicable only to a particular part of 7
[
8
***9
[India]].
43. “Illegal”. “Legally bound to do”.—The word “illegal” is applicable to everything which is an
offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to
be “legally bound to do” whatever it is illegal in him to omit.
44. “Injury”.—The word “injury” denotes any harm whatever illegally caused to any person, in
body, mind, reputation or property.
45. “Life”.—The word “life” denotes the life of a human being, unless the contrary appears from the
context.
46. “Death”.—The word “death” denotes the death of a human being unless the contrary appears
from the context.
47. “Animal”.—The word “animal” denotes any living creature, other than a human being.
48. “Vessel”.—The word “vessel” denotes anything made for the conveyance by water of human
beings or of property.
49. “Year”. “Month”.—Wherever the word “year” or the word “month” is used, it is to be
understood that the year or the month is to be reckoned according to the British calendar.
50. “Section”.—The word “section” denotes one of those portions of a Chapter of this Code which
are distinguished by prefixed numeral figures.
51. “Oath”.—The word “oath” includes a solemn affirmation substituted by law for an oath, and any
declaration required or authorised by law to be made before a public servant or to be used for the purpose
of proof, whether in a Court of Justice or not.
52. “Good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed
without due care and attention.
1. Subs. by Act 27 of 1870, s. 2, for section 40.
2. Subs. by Act 8 of 1930, s. 2 and the First Sch., for “Chapter”.
3. Ins. by Act 8 of 1913, s. 2.
4. Ins. by Act 8 of 1882, s. 1.
5. Ins. by Act 10 of 1886, s. 21 (1).
6. Ins. by Act 10 of 2009, s. 51 (w.e.f. 27-10-2009).
7. Subs. by the A.O. 1948, for “British India”.
8. The words “the territories comprised in” omitted by Act 48 of 1952, s. 3 and the Second Sch.
9. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States” which had been subs. by the A.O. 1950, for “the Provinces”.
22
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.
4
[53A. Construction of reference to transportation.—(1) Subject to the provisions of
sub-section (2) and sub-section (3), any reference to “transportation for life” in any other law for the time
being in force or in any instrument or order having effect by virtue of any such law or of any enactment
repealed shall be construed as a reference to “imprisonment for life”.
(2) In every case in which a sentence of transportation for a term has been passed before the
commencement of the Code of Criminal Procedure (Amendment) Act, 5
[1955 (26 of 1955)], the offender
shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.
(3) Any reference to transportation for a term or to transportation for any shorter term (by whatever
name called) in any other law for the time being in force shall be deemed to have been omitted.
(4) Any reference to “transportation” in any other law for the time being in force shall,—
(a) if the expression means transportation for life, be construed as a reference to imprisonment for
life;
(b) if the expression means transportation for any shorter term, be deemed to have been omitted.]
54. Commutation of sentence of death.—In every case in which sentence of death shall have been
passed, 6
[the appropriate Government] may, without the consent of the offender, commute the punishment
punishment for any other punishment provided by this Code.
55. Commutation of sentence of imprisonment for life.—In every case in which sentence of
7
[imprisonment] for life shall have been passed, 8
[the appropriate Government] may, without the consent
1. Ins. by Act 8 of 1942, s. 2.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “Secondly.—Transportation” (w.e.f. 1-1-1956).
3. Cl. Thirdly omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
4. Ins. by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
5. Subs. by Act 36 of 1957, s. 3 and the Second Sch., for “1954”.
6. Subs. by the A.O. 1950, for “the Central Government or the Provincial Government of the Province within which the offender
shall have been sentenced”. The words in italics were subs. by the A.O. 1937, for “the Government of India or the Government
of the place”.
7. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
8. Subs. by the A.O. 1950, for “the Provincial Government of the Province within which the offender shall have been sentenced”.
The words in italics were subs. by the A.O. 1937, for “the Government of India or the Government of the place”.
23
consent of the offender, commute the punishment for imprisonment of either description for a term not
exceeding fourteen years.
1
[55A. Definition of “appropriate Government”.—In sections fifty-four and fifty-five the
expression “appropriate Government” means,—
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating
to a matter to which the executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence against any law relating
to a matter to which the executive power of the State extends, the Government of the State within
which the offender is sentenced.]
56. [Sentence of Europeans and Americans to penal servitude. Proviso as to sentence for term
exceeding ten years but not for life.] Rep. by the Criminal Law (Removal of Racial Discriminations) Act,
1949 (17 of 1949) (w. e. f. 6-4-1949).
57. Fractions of terms of punishment.—In calculating fractions of terms of punishment,
2
[imprisonment] for life shall be reckoned as equivalent to2
[imprisonment] for twenty years.
58. [Offenders sentenced to transportation how dealt with until transported.] Rep. by the Code of
Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s. 117 and the Sch. (w.e.f. 1-1-1956).
59. [Transportation instead of imprisonment.] Rep. by s.117 and the Sch., ibid. (w.e.f. 1-1-1956).
60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.—In
every case in which an offender is punishable with imprisonment which may be of either description, it
shall be competent to the Court which sentences such offender to direct in the sentence that such
imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part
of such imprisonment shall be rigorous and the rest simple.
61. [Sentence of forfeiture of property.] Rep. by the Indian Penal Code (Amendment) Act, 1921
(16 of 1921), s. 4.
62. [Forfeiture of property, in respect of offenders punishable with death, transportation or
imprisonment.] Rep. by s. 4 ibid.
63. Amount of fine.—Where no sum is expressed to which a fine may extend, the amount of fine to
which the offender is liable is unlimited, but shall not be excessive.
64. Sentence of imprisonment for non-payment of fine.—3
[In every case of an offence punishable
with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without
imprisonment,
and in every case of an offence punishable 4
[with imprisonment or fine, or] with fine only, in which
the offender is sentenced to a fine.]
it shall be competent to the Court which sentences such offender to direct by the sentence that, in
default of payment of the fine, the offender shall suffer imprisonment for a certain term, which
imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to
which he may be liable under a commutation of a sentence.
65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.—
The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall
not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the
offence be punishable with imprisonment as well as fine.
66. Description of imprisonment for non-payment of fine.—The imprisonment which the Court
imposes in default of payment of a fine may be of any description to which the offender might have been
sentenced for the offence.
1. Subs. by the A. O 1950. Earlier ins by the A. O. 1937.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
3. Subs. by Act 8 of 1882, s. 2, for “In every case in which an offender is sentenced to a fine”.
4. Ins. by Act 10 of 1886, s. 21 (2).
24
67. Imprisonment for non-payment of fine, when offence punishable with fine only.—If the
offence be punishable with fine only, 1
[the imprisonment which the Court imposes in default of payment
of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in
default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding
two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding
four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six
months in any other case.
68. Imprisonment to terminate on payment of fine.—The imprisonment which is imposed in
default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.
69. Termination of imprisonment on payment of proportional part of fine.—If, before the
expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid
or levied that the term of imprisonment suffered in default of payment is not less than proportional to the
part of the fine still unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of payment. Here, if seventy-five
rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the
first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later
time while A continues in imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or levied before the
expiration of two months of the imprisonment. A will be discharged as soon as the two months are completed. If fifty rupees be
paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be
immediately discharged.
70. Fine leviable within six years, of during imprisonment. Death not to discharge property
from liability.—The fine, or any part thereof which remains unpaid, may be levied at any time within six
years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment
for a longer period than six years, then at any time previous to the expiration of that period; and the death
of the offender does not discharge from the liability any property which would, after his death, be legally
liable for his debts.
71. Limit of punishment of offence made up of several offences.—Where anything which is an
offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with
the punishment of more than one of such his offences, unless it be so expressly provided.
2
[Where anything is an offence falling within two or more separate definitions of any law in force for
the time being by which offences are defined or punished, or
where several acts, of which one or more than one would by itself or themselves constitute an
offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries him
could award for any one of such offences].
Illustrations
(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the
whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow,
he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.
(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act
whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the
blow given to Y.
72. Punishment of person guilty of one of several offences, the judgment stating that it is
doubtful of which.—In all cases in which judgment is given that a person is guilty of one of several
offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the
offender shall be punished for the offence for which the lowest punishment is provided if the same
punishment is not provided for all.
1. Ins. by Act 8 of 1882, s. 3.
2. Added by s. 4, ibid.
25
73. Solitary confinement.—Whenever any person is convicted of an offence for which under this
Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence,
order that the offender shall be kept in solitary confinement for any portion or portions of the
imprisonment to which he is sentenced, not exceeding three months in the whole, according to the
following scale, that is to say—
a time not exceeding one month if the term of imprisonment shall not exceed six months;
a time not exceeding two months if the term of imprisonment shall exceed six months and1
[shall not
exceed one] year
a time not exceeding three months if the term of imprisonment shall exceed one year.
74. Limit of solitary confinement.—In executing a sentence of solitary confinement, such
confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary
confinement of not less duration than such periods; and when the imprisonment awarded shall exceed
three months, the solitary confinement shall not exceed seven days in any one month of the whole
imprisonment awarded, with intervals between the periods of solitary confinement of not less duration
than such periods.
2
[75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after
previous conviction.—Whoever, having been convicted,—
(a) by a Court in 3
[India], of an offence punishable under Chapter XII or Chapter XVII of this
Code with imprisonment of either description for a term of three years or upwards, 4
***
5
* * * * *
shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the
like term, shall be subject for every such subsequent offence to 6
[imprisonment for life], or to
imprisonment of either description for a term which may extend to ten years.]
CHAPTER IV
GENERAL EXCEPTIONS
76. Act done by a person bound, or by mistake of fact believing himself bound, by law.—
Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by
reason of a mistake of law in good faith believes himself to be, bound by law to do it.
Illustrations
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has
committed no offence.
(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y,
arrests Z. A has committed no offence.
77. Act of Judge when acting judicially.—Nothing is an offence which is done by a Judge when
acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to
him by law.
78. Act done pursuant to the judgment or order of Court.—Nothing which is done in pursuance
of, or which is warranted by the judgment or order of, a Court of Justice; if done whilst such judgment or
order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such
judgment or order, provided the person doing the act in good faith believes that the Court had such
jurisdiction.
1. Subs. by Act 8 of 1862, s. 5, for “be less than a”.
2. Subs. by Act 3 of 1910, s. 2, for section 75.
3. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
4. The word “or” omitted by Act 3 of 1951, s. 3 and the Sch.
5. Cl. (b) omitted by s. 3 and the Sch., ibid.
6. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
26
79. Act done by a person justified, or by mistake of fact believing himself, justified, by law.—
Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake
of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in
doing it.
Illustration
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of
the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper
authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.
80. Accident in doing a lawful act.—Nothing is an offence which is done by accident or misfortune,
and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful
means and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper
caution on the part of A, his act is excusable and not an offence.
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm.—
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause
harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of
preventing or avoiding other harm to person or property.
Explanation.—It is a question of fact in such a case whether the harm to be prevented or avoided was
of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that
it was likely to cause harm.
Illustrations
(a) A, the captain of a steam vessel, suddenly, and without any fault or negligence on his part, finds himself in such a
position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board,
unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with
only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the
boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence,
though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of
fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C.
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention
in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so
imminent as to excuse A's act, A is not guilty of the offence.
82. Act of a child under seven years of age.—Nothing is an offence which is done by a child under
seven years of age.
83. Act of a child above seven and under twelve of immature understanding.—Nothing is an
offence which is done by a child above seven years of age and under twelve, who has not attained
sufficient maturity of understanding to judge of the nature and consequences of his conduct on that
occasion.
84. Act of a person of unsound mind.—Nothing is an offence which is done by a person who, at the
time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that
he is doing what is either wrong or contrary to law.
85. Act of a person incapable of judgment by reason of intoxication caused against his will.—
Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication,
incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to
law: provided that the thing which intoxicated him was administered to him without his knowledge or
against his will.
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated.—
In cases where an act done is not an offence unless done with a particular knowledge or intent, a person
who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge
as he would have had if he had not been intoxicated, unless the thing which intoxicated him was
administered to him without his knowledge or against his will.
27
87. Act not intended and not known to be likely to cause death or grievous hurt, done by
consent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the
doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause,
or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent,
whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the
doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm
which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no
offence.
88. Act not intended to cause death, done by consent in good faith for person's benefit.—
Nothing, which is not 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. A
has committed no offence.
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.—
Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound
mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of
that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause
or be known by the doer to be likely to cause to that person: 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.
Illustration
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to
be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception,
inasmuch as his object was the cure of the child.
90. Consent known to be given under fear or misconception.—A consent is not such a consent as
is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a
misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent
was given in consequence of such fear or misconception; or
Consent of insane person.—if the consent is given by a person who, from unsoundness of mind, or
intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
Consent of child.—unless the contrary appears from the context, if the consent is given by a person
who is under twelve years of age.
91. Exclusion of acts which are offences independently of harm 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.
28
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.
92. Act done in good faith for benefit of a person without consent.—Nothing is an offence by
reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without
that person's consent, if the circumstances are such that it is impossible for that person to signify consent,
or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of
him from whom it is possible to obtain consent in time for the thing to be done with benefit: 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. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z's
death, but in good faith, for Z's benefit, performs the trepan before Z recovers his power of judging for himself. A has committed
no offence.
(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z,
and in good faith intending Z's benefit. A's ball gives Z a mortal wound. A has committed no offence.
(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed.
There is not time to apply to the child's guardian. A performs the operation in spite of the entreaties of the child, intending, in
good faith, the child's benefit. A has committed no offence.
(d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housestop,
knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child's
benefit. Here, even if the child is killed by the fall, A has committed no offence.
Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.
93. Communication made in good faith.—No communication made in good faith is an offence by
reason of any harm to the person to whom it is made, if it is made for the benefit of that person.
Illustration
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the
shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient's death.
94. Act to which a person is compelled by threats.—Except murder, and offences against the State
punishable with death, nothing is an offence which is done by a person who is compelled to do it by
threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person
will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a
reasonable apprehension of harm to himself short of instant death, place himself in the situation by which
he became subject to such constraint.
Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a
gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of
his having been compelled by his associates to do anything that is an offence by law.
Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a
thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of
a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
29
95. Act causing slight harm.—Nothing is an offence by reason that it causes, or that it is intended to
cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of
ordinary sense and temper would complain of such harm.
Of the Right of Private Defence
96. Things done in private defence.—Nothing is an offence which is done in the exercise of the
right of private defence.
97. Right of private defence of the body and of property.—Every person has a right, subject to the
restrictions contained in section 99, to defend—
First.—His own body, and the body of any other person, against any offence affecting the human
body;
Secondly.—The property, whether movable or immovable, of himself or of any other person, against
any act which is an offence falling under the defintion of theft, robbery, mischief or criminal trespass, or
which is an attempt to commit theft, robbery, mischief or criminal trespass.
98. Right of private defence against the act of a person of unsound mind, etc.—When an act,
which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of
maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by
reason of any misconception on the part of that person, every person has the same right of private defence
against that act which he would have if the act were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private
defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A.
Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z,
which he would have if Z were not acting under that misconception.
99. Acts against which there is no right of private defence.—There is no right of private defence
against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or
attempted to be done, by a public servant acting in good faith under colour of his office, though that act,
may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably cause the apprehension
of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in
good faith under colour of his office, though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to protection of
the public authorities.
Extent to which the right may be exercised.—The right of private defence in no case extends to the
inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1.—A person is not deprived of the right of private defence against an act done, or
attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the
person doing the act is such public servant.
Explanation 2.—A person is not deprived of the right of private defence against an act done, or
attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that
the person doing the act is acting by such direction, or unless such person states the authority under which
he acts, or if he has authority in writing, unless he produces such authority, if demanded.
100. When the right of private defence of the body extends to causing death.—The right of
private defence of the body extends, under the restrictions mentioned in the last preceding section, to the
voluntary causing of death or of any other harm to the assailant, if the offence which occasions the
exercise of the right be of any of the descriptions hereinafter enumerated, namely:—
First.—Such an assault as may reasonably cause the apprehension that death will otherwise be the
consequence of such assault;
30
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.
102. Commencement and continuance of the right of private defence of the body.—The right of
private defence of the body commences as soon as a reasonable apprehension of danger to the body arises
from an attempt or threat to commit the offence though the offence may not have been committed; and it
continues as long as such apprehension of danger to the body continues.
103. When the right of private defence of property extends to causing death.—The right of
private defence of property extends, under the restrictions mentioned in section 99, to the voluntary
causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the
attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions
hereinafter enumerated, namely:—
First.—Robbery;
Secondly.—House-breaking by night;
Thirdly.—Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is
used as a human dwelling, or as a place for the custody of property;
Fourthly.—Theft, mischief, or house-trespass, under such circumstances as may reasonably cause
apprehension that death or grievous hurt will be the consequence, if such right of private defence is not
exercised.
104. When such right extends to causing any harm other than death.—If the offence, the
committing of which, or the attempting to commit which occasions the exercise of the right of private
defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last
preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to
the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other
than death.
105. Commencement and continuance of the right of private defence of property.—The right of
private defence of property commences when a reasonable apprehension of danger to the property
commences.
The right of private defence of property against theft continues till the offender has effected his retreat
with the property or either the assistance of the public authorities is obtained, or the property has been
recovered.
The right of private defence of property against robbery continues as long as the offender causes or
attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or
of instant hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the
offender continues in the commission of criminal trespass or mischief.
1. Ins. by Act 13 of 2013, s. 2 (w.e.f. 3-2-2013).
31
The right of private defence of property against house-breaking by night continues as long as the
house-trespass which has been begun by such house-breaking continues.
106. Right of private defence against deadly assault when there is risk of harm to innocent
person.—If in the exercise of the right of private defence against an assault which reasonably causes the
apprehension of death, the defender be so situated that he cannot effectually exercise that right without
risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing
on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if
by so firing he harms any of the children.
CHAPTER V
OF ABETMENT
107. Abetment of a thing.—A person abets the doing of a thing, who—
First.—Instigates any person to do that thing; or
Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that
thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of
that thing; or
Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material
fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing
to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorised by a warrant from a Court of Justice to apprehend Z, B, knowing that fact and also that C is
not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the
apprehension of C.
Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in
order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid
the doing of that act.
108. Abettor.—A person abets an offence, who abets either the commission of an offence, or the
commission of an act which would be an offence, if committed by a person capable by law of committing
an offence with the same intention or knowledge as that of the abettor.
Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although
the abettor may not himself be bound to do that act.
Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should
be committed, or that the effect requisite to constitute the offence should be caused.
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of
instigating B to commit murder.
Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an
offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty
intention or knowledge.
32
Illustrations
(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a
person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or
not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z's death.
B, in consequence of the abetment, does the act in the absence of A and thereby causes Z's death. Here, though B was not capable
by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an
offence, and had committed murder, and he is therefore subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence of the unsoundness of his mind, being incapable of
knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A's
instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to
the punishment provided for that offence.
(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z's possession. A
induces B to believe that the property belongs to A. B takes the property out of Z's possession, in good faith, believing it to be A's
property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of
abetting theft, and is liable to the same punishment as if B had committed theft.
Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is
also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in
consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B
to commit the offence, A is also liable to the same punishment.
Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that
the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the
conspiracy in pursuance of which the offence is committed.
Illustration
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C
mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and
procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in
consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which
Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.
1
[108A. Abetment in India of offences outside India.—A person abets an offence within the
meaning of this Code who, in 2
[India], abets the commission of any act without and beyond 2
[India]
which would constitute an offence if committed in 2
[India].
Illustration
A, in 2
[India], instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.]
109. Punishment of abetment if the act abetted is committed in consequence and where no
express provision is made for its punishment.—Whoever abets any offence shall, if the act abetted is
committed in consequence of the abetment, and no express provision is made by this Code for the
punishment of such abetment, be punished with the punishment provided for the offence.
Explanation.—An act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which
constitutes the abetment.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B
accepts the bribe. A has abetted the offence defined in section 161.
1. Added by Act 4 of 1898, s. 3.
2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
33
(b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting
that offence, and is liable to the same punishment as B.
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he
may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z's
death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
110. Punishment of abetment if person abetted does act with different intention from that of
abettor.—Whoever abets the commission of an offence shall, if the person abetted does the act with a
different intention or knowledge from that of 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.
111. Liability of abettor when one act abetted and different act done.—When an Act is abetted
and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent
as if he had directly abetted it:
Provided the act done was a probable consequence of the abetment, and was committed under the
influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the
abetment.
Illustrations
(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The
child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the
side of that of Z. Here, if the child was acting under the influence of A's instigation, and the act done was
under the circumstances a probable consequence of the abetment, A is liable in the same manner and to
the same extent as if he had instigated the child to put the poison into the food of Y.
(b) A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of
property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for
the theft was a distinct act, and not a probable consequence of the burning.
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and
provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of
the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to
the punishment provided for murder.
112. Abettor when liable to cumulative punishment for act abetted and for act done.—If the act
for which the abettor is liable under the last preceding section is committed in addition to the act abetted,
and constitute a distinct offence, the abettor is liable to punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the
resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of
resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and,
if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each
of the offences.
113. Liability of abettor for an effect caused by the act abetted different from that intended by
the abettor.—When an act is abetted with the intention on the part of the abettor of causing a particular
effect, and an act for which the abettor is liable in consequence of the abetment, 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.
Illustration
A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in
consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the
punishment provided for murder.
114. Abettor present when offence is committed.—Whenever any person, who is absent would be
liable to be punished as an abettor, is present when the act or offence for which he would be punishable in
consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
34
115. Abetment of offence punishable with death or imprisonment for life.—if offence not
committed.—Whoever abets the commission of an offence punishable with death or 1
[imprisonment for
life], shall, if that offence be not committed in consequence of the abetment, and no express provision is
made by this Code for the punishment of such abetment, be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine;
if act causing harm be done in consequence.—and if any act for which the abettor is liable in
consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to
imprisonment of either description for a term which may extend to fourteen years, and shall also be liable
to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the
punishment of death or 1
[imprisonment for life]. Therefore A is liable to imprisonment for a term which may extend to seven
years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term
which may extend to fourteen years, and to fine.
116. Abetment of offence punishable with imprisonment—if offence be not committed.—
Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in
consequence of the abetment, and no express provision is made by this Code for the punishment of such
abetment, be punished with imprisonment of any description provided for that offence for a term which
may extend to one-fourth part of the longest term provided for that offence; or with such fine as is
provided for that offence, or with both;
if abettor or person abetted be a public servant whose duty it is to prevent offence.—and if the
abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such
offence, the abettor shall be punished with imprisonment of any description provided for that offence, for
a term which may extend to one-half of the longest term provided for that offence, or with such fine as is
provided for the offence, or with both.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing. A some favour in the exercise of B's official functions. B
refuses to accept the bribe. A is punishable under this section.
(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence
defined in this section, and is punishable accordingly.
(c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not
committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.
(d) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the
robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and
also to fine.
117. Abetting commission of offence by the public or by more than ten persons.—Whoever abets
the commission of an offence by the public generally or by any number or class of persons exceeding ten,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine, or with both.
Illustration
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and
place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence
defined in this section.
118. Concealing design to commit offence punishable with death or imprisonment for life.—
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of
an offence punishable with death or 1
[imprisonment for life],
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
35
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.
Illustration
A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed
at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence.
The dacoity is committed at B in pursuance of the design. A is punishable under this section.
119. Public servant concealing design to commit offence which it is his duty to prevent.—
Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby
facilitate the commission of an offence which it is his duty as such public servant to prevent,
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.
Illustration
A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his
knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the
commission of that offence. Here A has by an illegal omission concealed the existence of B's design, and is liable to punishment
according to the provision of this section.
120. Concealing design to commit offence punishable with imprisonment.—Whoever, intending
to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence
punishable with imprisonment,
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or
makes any representation which he knows to be false respecting such design,
if offence be committed; if offence be not committed.—shall, if the offence be committed, be
punished with imprisonment of the description provided for the offence, for a term which may extend to
one-fourth, and, if the offence be not committed, to one-eight, of the longest term of such imprisonment,
or with such fine as is provided for the offence, or with both.
3
[CHAPTER VA
CRIMINAL CONSPIRACY
120A. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be
done,—
(1) an illegal act, or
1. Subs. by Act 10 of 2009, s. 51, for “voluntarily conceals, by any act or illegal omission, the existence of a design”
(w.e.f. 27-10-2009).
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. Ins. by Act 8 of 1913, s. 3.
36
(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.
120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to
commit an offence punishable with death, 1
[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
India.—Whoever wages war against the 2
[Government of India], or attempts to wage such war, or abets
the waging of such war, shall be punished with death, or 3
[imprisonment for life] 4
[and shall also be liable
to fine].
5
[Illustration]
6
***A joins an insurrection against the 2
[Government of India]. A has committed the offence defined
in this section.
7
* * * * *
8
[121A. Conspiracy to commit offences punishable by section 121.—Whoever within or without
9
[India] conspires to commit any of the offences punishable by section 121, 10*** or conspires to
overawe, by means of criminal force or the show of criminal force, 11[the Central Government or any
12[State] Government 13***], shall be punished with 14[imprisonment for life], or with imprisonment of
either description which may extend to ten years, 15[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. Collecting arms, etc., with intention of waging war against the Government of India.—
Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either
waging or being prepared to wage war against the 2
[Government of India], shall be punished with
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
2. Subs. by the A. O. 1950, for “Queen”.
3. Subs. by 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
4. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his property”.
5. Subs. by Act 36 of 1957, s. 3 and the Second Sch., for “Illustrations”
6. The brackets and letter “(a)” omitted by s. 3 and the Second Sch., ibid.
7. Illustration (b) omitted, by the A. O. 1950.
8. Ins. by Act 27 of 1870, s. 4.
9. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
10. The words “or to deprive the Queen of the sovereignty of the Provinces or of any part thereof” omitted by the A. O. 1950.
11. Subs. by the A. O. 1937, for “the G. of I, or any l. G”.
12. Subs. by the A. O. 1950, for “Provincial”.
13. The words “or the Government of Burma” omitted by the A. O. 1948.
14. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life or any shorter term” (w.e.f. 1-1-1956).
15. Ins. by Act 16 of 1921, s. 3.
37
1
[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 2
[and
shall also be liable to fine].
123. Concealing with intent to facilitate design to wage war.—Whoever by any act, or by any
illegal omission, conceals the existence of a design to wage war against the 3
[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.
124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any
lawful power.—Whoever, with the intention of inducing or compelling the 4
[President] of India, or
5
[Governor 6
***] of any 7
[State],
8
*** 9
*** 10*** to exercise or refrain from exercising in any manner any
any of the lawful powers of such 11[President or 5
[Governor 6
***]],
assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal
force or the show of criminal force, or attempts so to overawe, such 11[President or 5
[Governor 6
***]],
shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
12[124A. Sedition.—Whoever by words, either spoken or written, or by signs, or by visible
representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to
excite disaffection towards, 13*** the Government established by law in 14[India], 15*** shall be punished
with 16[imprisonment for life], to which fine may be added, or with imprisonment which may extend to
three years, to which fine may be added, or with fine.
Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2.—Comments expressing disapprobation of the measures of the Government with a
view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt
or disaffection, do not constitute an offence under this section.
Explanation 3.—Comments expressing disapprobation of the administrative or other action of the
Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an
offence under this section.]
125. Waging war against any Asiatic Power in alliance with the Government of India.—
Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the
3
[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished
with 1
[imprisonment for life], to which fine may be added, or with imprisonment of either description for
a term which may extend to seven years, to which fine may be added, or with fine.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his property”.
3. Subs. by the A. O 1950, for “Queen”.
4. Subs. by the ibid., for “Governor General”.
5. Subs. by Act 3 of 1951, s. 3 and the Sch., for “Governor”.
6. The words “or Rajpramukh” omitted by the A. O. 1956.
7. Subs. by the A. O. 1950, for “Province” which had been subs. by the A. O. 1937, for “Presidency”.
8. The words “or a Lieutenant-Governor” omitted by the A. O. 1937.
9. The words “or a Member of the Council of the Governor General of India” omitted by the A.O. 1948.
10. The words “or of the Council of any Presidency” omitted by the A. O. 1937.
11. The words “Governor General, Governor, Lieutenant-Governor or Member of Council” have successively been amended by
the A.O. 1937, the A. O. 1948 and the A. O. 1950 to read as above.
12. Ins. by Act 27 of 1870, s. 5 and subs. by Act 4 of 1898, s. 4, for s. 124A.
13. The words “Her Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative” ins. after the word
“Majesty” by the A. O. 1937 were omitted by the A. O. 1948.
14. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and
the Sch., to read as above.
15. The words “or British Burma” ins. by the A. O. 1937 and omitted by the A. O 1948.
16. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life or any shorter term” (w.e.f. 1-1-1956).
38
126. 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
Power in alliance or at peace with the 1
[Government of India], shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine and to
forfeiture of any property used or intended to be used in committing such depredation, or acquired by
such depredation.
127. 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.
128. Public servant voluntarily allowing prisoner of state or war to escape.—Whoever, being a
public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such
prisoner to escape from any place in which such prisoner is confined, shall be punished with
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.
129. Public servant negligently suffering such prisoner to escape.—Whoever, being a public
servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner
to escape from any place of confinement in which such prisoner is confined, shall be punished with
simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
130. Aiding escape of, rescuing or harbouring such prisoner.—Whoever knowingly aids or assists
any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue
any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or
offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with
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.
Explanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole
within certain limits in 3
[India], is said to escape from lawful custody if he goes beyond the limits within
which he is allowed to be at large.
CHAPTER VII
OF OFFENCES RELATINGTO THE ARMY,
4
[NAVY AND AIR FORCE]
131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.—
Whoever abets the committing of mutiny by an officer, soldier, 5
[sailor or airman], in the Army, 6
[Navy
or Air Force] of the 1
[Government of India] or attempts to seduce any such officer, soldier, 5
[sailor or
airman] from his allegiance or his duty, 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.
7
[Explanation.—In this section the words “officer”,
8
[“soldier”,
9
[“sailor”] and “airman”] include any
any
1. Subs. by the A. O. 1950, for “Queen”.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
4. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “and Navy”.
5. Subs. by s. 2 and the First Sch., ibid., for “or sailor”.
6. Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
7. Ins. by Act 27 of 1870, s. 6.
8. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “and soldier”
9. Ins. by Act 35 of 1934, s. 2 and Sch.
39
person subject to the 1
[Army Act, 2
[the Army Act, 1950 (46 of 1950)], 3
[the Naval Discipline Act, 4
***the
4
***the 5
Indian Navy (Discipline) Act,1934 (34 of 1934)] 6
[the Air Force Act or 7
[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
committing of mutiny by an officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or Air Force] of the
10[Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with
death or with 11[imprisonment for life], or imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution
of his office.—Whoever abets an assault by an officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or
Air Force] of the 10[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.
134. Abetment of such assault, if the assault committed.—Whoever abets an assault by an officer,
soldier, 8
[sailor or airman], in the Army, 9
[Navy or Air Force] of the 10[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.
135. Abetment of desertion of soldier, sailor or airman.—Whoever, abets the desertion of any
officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or Air Force] of the 10[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.
136. Harbouring deserter.—Whoever, except as hereinafter excepted, knowing or having reason to
believe that an officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or Air Force] of the
10[Government of India], has deserted, harbours such officer, soldier, 8
[sailor or airman], shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine
or with both.
Exception.—This provision does not extend to the case in which the harbour is given by a wife to her
husband.
137. Deserter concealed on board merchant vessel through negligence of master.—The master or
person in charge of a merchant vessel, on board of which any deserter from the Army, 9
[Navy or Air
Force] of the 10[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.
138. Abetment of act of insubordination by soldier, sailor or airman.—Whoever abets what he
knows to be an act of insubordination by an officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or air
Force], of the 10[Government of India], shall, if such act of insubordination be committed in consequence
of that abetment, be punished with imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
1. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “Articles or War for the better government of Her Majesty’s Army, or to
the Articles of War contained in Act No. 5 of 1869”.
2. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Army Act, 1911”.
3. Ins. by Act 35 of 1934, s. 2 and the Sch.
4. The words “or that Act as modified by” omitted by the A. O. 1950.
5. Now see the Navy Act, 1957 (62 of 1957).
6. Subs. by Act 14 of 1932, s. 130 and the Sch., for “or the Air Force Act”.
7. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Air Force Act, 1932”.
8. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
9. Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
10. Subs. by the A. O. 1950, for “Queen”.
11. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
40
1
138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act,
1934 (35 of 1934), s. 2 and Sch.
139. Persons subject to certain Acts.—No person subject to 2
[the Army Act, 3
[the Army Act, 1950
(46 of 1950)], the Naval Discipline Act, 4
[
5
*** 6
[the Indian Navy (Discipline) Act, 1934 (34 of 1934)],
7
[the Air Force Act or 8
[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.
140. Wearing garb or carrying token used by soldier, sailor or airman.—Whoever, not being a
soldier, 9
[sailor or airman] in the Military, 10[Naval or Air] service of the 11[Government of India], wears
any garb or carries any token resembling any garb or token used by such a soldier, 9
[sailor or airman] with
the intention that it may be believed that he is such a soldier, 9
[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—
First.—To overawe by criminal force, or show of criminal force, 12[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.
142. Being member of unlawful assembly.—Whoever, being aware of facts which render any
assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a
member of an unlawful assembly.
143. Punishment.—Whoever is a member of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine, or with both.
144. Joining unlawful assembly armed with deadly weapon.—Whoever, being armed with any
deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a
member of an unlawful assembly, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
1. Ins. by Act 14 of 1887, s. 79.
2. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “any Articles of War for the Army of Navy of the Queen, or for any part of
such Army or Navy”.
3. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Army Act, 1911”.
4. Ins. by Act 35 of 1934, s. 2 and the Sch.
5. The words “or that Act as modified by” omitted by the A. O. 1950.
6. Now see the Navy Act, 1957 (62 of 1957).
7. Subs. by Act 14 of 1932, s. 130 and Sch., for “or the Air Force Act”.
8. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Air Force Act, 1932”.
9. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
10. Subs. by s. 2 and the First Sch., ibid., for “or Naval”.
11. Subs. by the A. O. 1950, for “Queen”.
12. Subs. by the A. O. 1950, for “the Central or any Provincial Government or Legislature”.
41
145. Joining or continuing in unlawful assembly, knowing it has been commanded to
disperse.—Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly
has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment
of either description for a term which may extent to two years, or with fine, or with both.
146. Rioting.—Whenever force or violence is used by an unlawful assembly, or by any member
thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty
of the offence of rioting.
147. Punishment for rioting.—Whoever is guilty of rioting, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
148. Rioting, armed with deadly weapon.—Whoever is guilty of rioting, being armed with a deadly
weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished
with imprisonment of either description for a term which may extend to three years, or with fine, or with
both.
149. Every member of unlawful assembly guilty of offence committed in prosecution of common
object.—If an offence is committed by any member of an unlawful assembly in prosecution of the
common object of that assembly, or such as the members 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.
150. Hiring, or conniving at hiring, of persons to join unlawful assembly.—Whoever hires or
engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to
join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful
assembly, and for any offence which may be committed by any such person as a member of such
unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he
had been a member of such unlawful assembly, or himself had committed such offence.
151. Knowingly joining or continuing in assembly of five or more persons after it has been
commanded to disperse.—Whoever knowingly joins or continues in any assembly of five or more
persons likely to cause a disturbance of the public peace, after such assembly has been lawfully
commanded to disperse, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
Explanation.—If the assembly is an unlawful assembly within the meaning of section 141, the
offender will be punishable under section 145.
152. Assaulting or obstructing public servant when suppressing riot, etc.—Whoever assaults or
threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as
such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or
uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both.
153. Wantonly giving provocation with intent to cause riot—if rioting be committed; if not
committed.—Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to
any person intending or knowing it to be likely that such provocation will cause the offence of rioting to
be committed, shall, if the offence of rioting be committed in consequence of such provocation, be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both; and if the offence of rioting be not committed, with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
1
[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.—(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or otherwise,
promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language,
caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or illwill
between different religious, racials, language or regional groups or castes or communities, or
1. Subs. by Act 35 of 1969, s. 2, for section 153A.
42
(b) commits any act which is prejudicial to the maintenance of harmony between different
religious, racial, language or regional groups or castes or communities, and which disturbs or is likely
to disturb the public tranquillity, 1
[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].
1
[153B. Imputations, assertions prejudicial to national integration.—(1) Whoever, by words
either spoken or written or by signs or by visible representations or otherwise,—
(a) makes or publishes any imputation that any class of persons cannot, by reason 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. Ins. by Act 31 of 1972, s. 2.
2. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).
43
and do not, in the case of his or their having reason to believe that it was about to be committed, use all
lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful
means in his or their power to disperse or suppress the riot or unlawful assembly.
155. Liability of person for whose benefit riot is committed.—Whenever a riot is committed for
the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot
takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the
riot, or who has accepted or derived any benefit 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.
156. Liability of agent of owner or occupier for whose benefit riot is committed.—Whenever a
riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land
respecting which such riot takes 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.
157. Harbouring persons hired for an unlawful assembly.—Whoever harbours, receives or
assembles, in any house or premises in his occupation or charge, or under his control any persons
knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or
employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine, or with both.
158. Being hired to take part in an unlawful assembly or riot.—Whoever is engaged, or hired, or
offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141,
shall be punished with imprisonment of either description for a term which may extend to six months, or
with fine, or with both,
or to go armed.—and whoever, being so engaged or hired as aforesaid, goes armed, or engages or
offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely
to cause death, shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
159. Affray.—When two or more persons, by fighting in a public place, disturb the public peace, they
are said to “commit an affray”.
160. Punishment for committing affray.—Whoever commits an affray, shall be punished with
imprisonment of either description for a term which may extend to one month, or with fine which may
extend to one hundred rupees, or with both.
CHAPTER IX
OFOFFENCES BY OR RELATING TO PUBLIC SERVANTS
161 to 165A. Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
166. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a
public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct
himself as such public servant, intending to cause, or knowing it to be likely that he will by such
disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which
may extend to one year, or with fine, or with both.
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.
44
1
[166A. 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,
section 376B, section 376C, section 376D, 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.
166B. 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. Public servant framing an incorrect document with intent to cause injury.—Whoever, being
a public servant, and being, as 2
[such public servant, charged with the preparation or translation of any
document or electronic record, frames, prepares or translates that document or electronic record] in a
manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely
that he may thereby cause injury to any person, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
168. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being
legally bound as such public servant not to engage in trade, engages in trade, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or with both.
169. Public servant unlawfully buying or bidding for property.—Whoever, being a public servant,
and being legally bound as such public servant, not to purchase or bid for certain property, purchases or
bids for that property, either in his own name or in the name of another, or jointly, or in shares with
others, shall be punished with simple imprisonment for a term which may extend to two years, or with
fine, or with both; and the property, if purchased, shall be confiscated.
170. Personating a public servant.—Whoever pretends to hold any particular office as a public
servant, knowing that he does not hold such office or falsely personates any other person holding such
office, and in such assumed character does or attempts to do any act under colour of such office, shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
171. Wearing 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.
3
[CHAPTER IXA
OF OFFENCESRELATING TO ELECTIONS
171A. “Candidate”, “Electoral right” defined.—For the purposes of this Chapter—
4
[(a) “candidate” means a person who has been nominated as a candidate at any election;]
1. Ins. by Act 13 of 2013, s. 3 (w.e.f. 03-02-2013).
2. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
3. Ins. by Act 39 of 1920, s. 2.
4. Subs. by Act 40 of 1975, s. 9, for cl. (a).
45
(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.
171B. Bribery.—(1) Whoever—
(i) gives a gratification to any person with the object of inducing him or any other person to
exercise any electoral right or of rewarding any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising
any such right or for inducing or attempting to induce any other person to exercise any such right,
commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action shall not be an offence
under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be
deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to
accept a gratification, and a person who accepts a gratification as a motive for doing what he does not
intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the
gratification as a reward.
171C. Undue influence at elections.—(1) Whoever voluntarily interferes or attempts to interfere
with the free exercise of any electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—
(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested,
with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he
is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within
the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action or the mere exercise 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.
171D. 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.
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.
171F. Punishment for undue influence or personation at an election.—Whoever commits the
offence of undue influence or personation at an election shall be punished with imprisonment of either
description for a term which may extend to one year or with fine, or with both.
1. The proviso ins. by Act 24 of 2003, s. 5 (w.e.f. 22-9-2003).
46
171G. False statement in connection with an election.—Whoever with intent to affect the result of
an election makes or publishes any statement purporting to be a statement of fact which is false and which
he either knows or believes to be false or does not believe to be true, in relation to the personal character
or conduct of any candidate shall be punished with fine.
171H. Illegal payments in connection with an election.—Whoever without the general or special
authority in writing of a candidate incurs or 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.
171-I. Failure to keep election accounts.—Whoever being required by any law for the time being in
force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an
election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.]
CHAPTER X
OF CONTEMPTSOF THE LAWFUL AUTHORITYOF PUBLIC SERVANTS
172. Absconding to avoid service of summons or other proceeding.—Whoever absconds in order
to avoid being served with a summons, notice or order proceeding from any public servant legally
competent, as such public servant, to issue such summons, notice or order, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may extend to five hundred
rupees, or with both;
or, if the summons or notice or order is to attend in person or by agent, or to 1
[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.
173. Preventing service of summons or other proceeding, or preventing publication thereof.—
Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any
summons, notice or order proceeding from any public servant legally competent, as such public servant,
to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such summons, notice or order,
or intentionally removes any such summons, notice or order from any place to which it is lawfully
affixed,
or intentionally prevents the lawful making of any proclamation, under the authority of any public
servant legally competent, as such public servant, to direct such proclamation to be made,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent, or 2
[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.
174. Non-attendance in obedience to an order from public servant.—Whoever, being legally
bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice,
order, or proclamation proceeding from any public servant legally competent, as such public servant, to
issue the same,
intentionally omits to attend at that place 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,
1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “produce a document in a Court of Justice” (w.e.f. 17-10-2000).
2. Subs. by s. 91 and the First Sch., ibid., for “to produce a document in a Court of Justice” (w.e.f. 17-10-2000).
47
shall be punished with simple imprisonment for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of
Justice, with simple imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
Illustrations
(a) A, being legally bound to appear before the 1
[High Court] at Calcutta, in obedience to a subpoena issuing from that
Court, intentionally omits to appear. A has committed the offence defined in this section.
(b) A, being legally bound to appear before a 2
[District Judge], as a witness, in obedience to a summons issued by that
2
[District Judge] intentionally omits to appear. A has committed the offence defined in this section.
3
[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.—
Whoever, being legally bound to produce or deliver up any 4
[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;
or, if the 4
[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.
Illustration
A, being legally bound to produce a document before a 5
[District Court], intentionally omits to produce the same. A has
committed the offence defined in this section.
176. Omission to give notice or information to public servant by person legally bound to give
it.—Whoever, being legally bound to give any notice or to furnish information on any subject to any
public servant, as such, intentionally omits to give such notice or to furnish such information in the
manner and at the time required by law, shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the notice or information required to be given respects the commission of an offence, or is
required for the purpose of preventing the commission of an offence, or in order to the apprehension of an
offender, with simple imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both;
6
[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;
1. Subs. by the A. O. 1950, for “Supreme Court”.
2. Subs. ibid., for “Zila Judge”.
3. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).
4. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “document” (w.e.f. 17-10-2000).
5. Subs. by the A.O. 1950, for “Zila Court”.
6. Added by Act 22 of 1939, s. 2.
48
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,
1Regulation 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.
2
[Explanation.—In section 176 and in this section the word “offence” includes any act committed at
any place out of 3
[India], which, if committed in 3
[India], would be punishable under any of the following
sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457,
458, 459 and 460; and the word “offender” includes any person who is alleged to have been guilty of any
such act.]
178. Refusing oath or affirmation when duly required by public servant to make it.—Whoever
refuses to bind himself by an oath 4
[or affirmation] to state the truth, when required so to bind himself by
a public servant legally competent to require that he shall so bind himself, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
179. Refusing to answer public servant authorised to question.—Whoever, being legally bound to
state the truth on any subject to any public servant, refuses to answer any question demanded of him
touching that subject by such public servant in the exercise of the legal powers of such public servant,
shall be punished with simple imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
180. Refusing to sign statement.—Whoever refuses to sign any statement made by him, when
required to sign that statement by a public servant legally competent to require that he shall sign that
statement, shall be punished with simple imprisonment for a term which may extend to three months, or
with fine which may extend to five hundred rupees, or with both.
181. False statement on oath or affirmation to public servant or person authorised to
administer an oath or affirmation.—Whoever, being legally bound by an oath 4
[or affirmation] to state
the truth on any subject to any public servant or other person authorized by law to administer such oath
4
[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.
5
[182. False information, with intent to cause public servant to use his lawful power to the
injury of another person.—Whoever gives to any public servant any information which he knows or
believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such
public servant—
(a) to do or omit anything which such public servant ought not to do or omit if the true state of
facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
1. Rep. by Act 17 of 1862, s. VII and Sch.
2. Added by Act 3 of 1894, s. 5.
3. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
4. Ins. by Act 10 of 1873, s. 15.
5. Subs. by Act 3 of 1895, s. 1, for section 182.
49
shall be punished with imprisonment of either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or
misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to
dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and
knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A
has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He
does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information
the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has
committed an offence under this section.]
183. Resistance to the taking of property by the lawful authority of a public servant.—Whoever
offers any resistance to the taking of any property by the lawful authority of any public servant, knowing
or having reason to believe that he is such public servant, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
184. Obstructing sale of property offered for sale by authority of public servant.—Whoever
intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant,
as such, shall be punished with imprisonment of either description for a term which may extend to one
month, or with fine which may extend to five hundred rupees, or with both.
185. Illegal purchase or bid for property offered for sale by authority of public servant.—
Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or
bids for any property on account of any person, whether himself or any other, whom he knows to be
under a legal incapacity to purchase that property at that sale, or bids for such property not intending to
perform the obligations under which he lays himself by such bidding, shall be punished with
imprisonment of either description for a term which may extend to one month, or with fine which may
extend to two hundred rupees, or with both.
186. Obstructing public servant in discharge of public functions.—Whoever voluntarily obstructs
any public servant in the discharge of his public functions, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may extend to five hundred
rupees, or with both.
187. Omission to assist public servant when bound by law to give assistance.—Whoever, being
bound by law to render or furnish assistance to any public servant in the execution of his public duty,
intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to two hundred rupees, or with both;
and if such assistance be demanded 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.
188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an
order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to
abstain from a certain act, or to take certain order with certain property in his possession or under his
management, disobeys such direction,
shall, if such disobedience causes 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;
50
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.
Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his
disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and
that his disobedience produces, or is likely to produce, harm.
Illustration
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious
procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has
committed the offence defined in this section.
189. Threat of injury to public servant.—Whoever holds out any threat of injury to any public
servant, or to any person in whom he believes that public servant to be interested, for the purpose of
inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise
of the public functions of such public servant, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
190. Threat of injury to induce person to refrain from applying for protection to public
servant.—Whoever holds out any threat of injury to any person for the purpose of inducing that person to
refrain or desist from making a legal application for protection against any injury to any public servant
legally empowered as such to give such protection, or to cause such protection to be given, shall be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both.
CHAPTER XI
OF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE
191. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of
law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement
which is false, and which he either knows or believes to be false or does not believe to be true, is said to
give false evidence.
Explanation1.—A statement is within the meaning of this section, whether it is made verbally or
otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this
section, and a person may be guilty of giving false evidence by stating that he believes a thing which he
does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z
admit the justice of B's claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when
he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false
evidence.
(c) A, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of
Z; A in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore,
although the signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not
knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which
he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or
translation. A has given false evidence.
192. Fabricating false evidence.—Whoever causes any circumstance to exist or 1
[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
1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
51
in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an
arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause
any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous
opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
Illustrations
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance
may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has
fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting,
purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the
officers of the police are likely to search. A has fabricated false evidence.
193. Punishment for false evidence.—Whoever intentionally gives false evidence in any of a
judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial
proceeding, shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine.
Explanation 1.—A trial before a Court-martial1
***is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court of
Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of
Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on
oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as given false evidence.
Explanation 3.—An investigation directed by a Court of Justice according to law, and conducted
under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may
not take place before a Court of Justice.
Illustration
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on
oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
194. Giving or fabricating false evidence with intent to procure conviction of capital offence.—
Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he
will thereby cause, any person to be convicted of an offence which is capital 2
[by the law for the time
being in force in 3
[India]] shall be punished with 4
[imprisonment for life], or with rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to fine;
If innocent person be thereby convicted and executed.—and if an innocent person be convicted
and executed in consequence of such false evidence, the person who gives such false evidence shall be
punished either with death or the punishment hereinbefore described.
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable
with imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intending
thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an
offence which 2
[by the law for the time being in force in 3
[India]] is not capital, but punishable with
4
[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.
1. The words “or before a Military Court of Request” rep. by Act 13 of 1889, s. 2 and Sch.
2. Subs. by the A.O. 1948, for “by the law of British India or England”.
3. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States”.
4. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
52
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment
of dacoity is 1
[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine.
A, therefore, is liable to 2
[imprisonment for life] or imprisonment, with or without fine.
3
[195A. 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. Using evidence known to be false.—Whoever corruptly uses or attempts to use as true or
genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same
manner as if he gave or fabricated false evidence.
197. Issuing or signing false certificate.—Whoever issues or signs any certificate required by law to
be given or signed, or relating to any fact of which such certificate is by law admissible in evidence,
knowing or believing that such certificate is false in any material point, shall be punished in the same
manner as if he gave false evidence.
198. Using as true a certificate known to be false.—Whoever corruptly uses or attempts to use any
such certificate as a true certificate, knowing the same to be false in any material point, shall be punished
in the same manner as if he gave false evidence.
199. False statement made in declaration which is by law receivable as evidence.—Whoever, in
any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant
or other person, is bound or 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.
200. Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to
use as true any such declaration, knowing the same to be false in any material point, shall be punished in
the same manner as if he gave false evidence.
Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a
declaration within the meaning of sections 199 and 200.
201. Causing disappearance of evidence of offence, or giving false information to screen
offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes
any evidence of the commission of that offence to disappear, with the intention of screening the offender
from legal punishment, or with that intention gives any information respecting the offence which he
knows or believes to be false,
if a capital offence.—shall, if the offence which he knows or believes to have been committed is
punishable with death be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine;
if punishable with imprisonment for life.—and if the offence is punishable with 1
[imprisonment for
life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable to fine;
if punishable with less than ten years’ imprisonment.—and if the offence is punishable with
imprisonment for any term not extending to ten years, shall be punished with imprisonment of the
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Subs. by s. 117 and the Sch., ibid., for “such transportation” (w.e.f. 1-1-1956).
3. Ins. by Act 2 of 2006, s. 2 (w.e.f. 16-4-2006).
53
description provided for the offence, for a term which may extend to one-fourth part of the longest term
of the imprisonment provided for the offence, or with fine, or with both.
Illustration
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable
to imprisonment of either description for seven years, and also to fine.
202. Intentional omission to give information of offence by person bound to inform.—Whoever,
knowing or having reason to believe that an offence has been committed, intentionally omits to give any
information respecting that offence which he is legally bound to give, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine, or with both.
203. Giving false information respecting an offence committed.—Whoever, knowing or having
reason to believe that an offence has been committed, gives any information respecting that offence which
he knows or believes to be false, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
1
[Explanation.—In sections 201 and 202 and in this section the word “offence” includes any act
committed at any place out of 2
[India], which, if committed in 2
[India], would be punishable under any of
the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449,
450, 457, 458, 459 and 460.]
204. Destruction of document to prevent its production as evidence.—Whoever secretes or
destroys any 3
[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
obliterates or renders illegible the whole or any part of such 3
[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.
205. False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely
personates another, and in such assumed character makes any admission or statement, or confesses
judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit
or criminal prosecution, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in
execution.—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or
any interest therein, intending thereby to prevent that property or interest therein from being taken as a
forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to
be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be made by a
Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which
may extend to two years or with fine, or with both.
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.—Whoever
fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right
or rightful claim to such property or interest, or practices any deception touching any right to any property
or any interest therein, intending thereby to prevent that property or interest therein from being taken as a
forfeiture or 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.
1. Added by Act 3 of 1894, s. 6.
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “document” (w.e.f. 17-10-2000).
54
208. Fraudulently suffering decree for sum not due.—Whoever fraudulently causes or suffers a
decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum
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.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently
suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against
him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any
sale of Z's property which may be made under A's decree. Z has committed an offence under this section.
209. 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.
210. Fraudulently obtaining decree for sum not due.—Whoever fraudulently obtains a decree or
order against any person for a sum not due, or for a larger sum than is due or for any property or interest
in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any
person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently
suffers or permits any such act to be done in his name, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
211. False charge of offence made with intent to injure.—Whoever, with intent to cause injury to
any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely
charges any person with having committed an offence, knowing that there is no just or lawful ground for
such proceeding or charge against that person, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both;
and if such criminal proceeding be instituted on a false charge of an offence punishable with death,
1
[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
212. Harbouring offender.—Whenever an offence has been committed, whoever harbours or
conceals a person whom he knows or has reason to believe to be the offender, with the intention of
screening him from legal punishment,
if a capital offence.—shall, if the offence is punishable with death, be punished with imprisonment
of either description for a term which may extend to five years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable
with 1
[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also be
liable to fine;
and if the offence is punishable with imprisonment which may extend to one year, and not to ten
years, shall be punished with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine,
or with both.
2
[“Offence” in this section includes any act committed at any place out of 3
[India], which, if
committed in 3
[India], would be punishable under any of the following sections, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such
act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been
guilty of it in 3
[India].]
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 3 of 1894, s. 7.
3. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951 s. 3 and the Sch.,
to read as above.
55
Exception.—This provision shall not extend to any case in which the harbour or concealment is by the
husband or wife of the offender.
Illustration
A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B
is liable to 1
[imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and is
also liable to fine.
213. Taking gift, etc., to screen an offender from punishment.—Whoever accepts or attempts to
obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property
to himself or any other person, in consideration of his concealing an offence or of his screening any
person from legal punishment for any offence, or of his not proceeding against any person for the purpose
of bringing him to legal punishment,
if a capital offence.—shall, if the offence is punishable with death, be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable
with 1
[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also be
liable to fine;
and if the offence is punishable with 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.
214. Offering gift or restoration of property in consideration of screening offender.—Whoever
gives or causes, or offers or agrees to give or cause, any gratification to any person, or 2
[restores or causes
the restoration of] any property to any person, in consideration of that person's concealing an offence, or
of his screening any person from legal punishment for any offence, or of his not proceeding against any
person for the purpose of bringing him to legal punishment,
if a capital offence.—shall, if the offence is punishable with death, be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable
with 1
[imprisonment for life] or with imprisonment which may extend to ten years, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine;
and if the offence is punishable with imprisonment 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.
3
[Exception.—The provisions of sections 213 and 214 do not extend to any case in which the offence
may lawfully be compounded.]
4
* * * * *
215. Taking gift to help to recover stolen property, etc.—Whoever takes or agrees or consents to
take any gratification under pretence or on account of helping any person to recover any movable
property of which he shall have been deprived by any offence punishable under this Code, shall, unless he
uses all means in his power to cause the offender to be apprehended and convicted of the offence, be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
216. Harbouring offender who has escaped from custody or whose apprehension has been
ordered.—Whenever any person convicted of a charged with an offence, being in lawful custody for that
offence, escapes from such custody,
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for “to restore or cause the restoration of”.
3. Subs. by Act 8 of 1882, s. 6, for the original exception.
4. Illustrations rep. by Act 10 of 1882, s. 2 and the First Sch.
56
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
with 1
[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.
2
[“Offence” in this section includes also any act or omission of which a person is alleged to have been
guilty out of 3
[India], which, if he had been guilty of it in 3
[India], would have been punishable as an
offence, and for which he is, under any law relating to extradition, 4
*** or otherwise, liable to be
apprehended or detained in custody in 3
[India], and every such act or omission shall, for the purposes of
this section, be deemed to be punishable as if the accused person had been guilty of it in 3
[India].]
Exception.—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.
5
[216A. Penalty for harbouring robbers or dacoits.—Whoever, knowing or having reason to
believe that any persons are about to commit or have recently committed robbery or dacoity, harbours
them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of
screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term
which may extend to seven years, and shall also be liable to fine.
Explanation.—For the purposes of this section it is immaterial whether the robbery or dacoity is
intended to be committed, or has been committed, within or without 3
[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. Definition of “harbour” in sections 212, 216 and 216A.] Rep. by the Indian Penal Code
(Amendment) Act, 1942 (8 of 1942), s. 3.
217. Public servant disobeying direction of law with intent to save person from punishment or
property from forfeiture.—Whoever, being a public servant, knowingly disobeys any direction of the
law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or
knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a
less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby
to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
218. Public servant framing incorrect record or writing with intent to save person from
punishment or property from forfeiture.—Whoever, being a public servant, and being as such public
servant, charged with the preparation of any record or other writing, frames that record or writing in a
manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will
thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to
be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 10 of 1886, s. 23.
3. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
4. The words “or under the Fugitive Offenders Act, 1881,” omitted by Act 3 of 1951, s. 3 and the Sch.
5. Ins. by Act 3 of 1894, s. 8.
57
that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine, or with both.
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law.—
Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial
proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished
with imprisonment of either description for a term which may extend to seven years, or with fine, or with
both.
220. Commitment for trial or confinement by person having authority who knows that he is
acting contrary to law.—Whoever, being in any office which gives 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.
221. Intentional omission to apprehend on the part of public servant bound to apprehend.—
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in
confinement any person charged with or liable to 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
be apprehended for, an offence punishable with 1
[imprisonment for life] or imprisonment for a term
which may extend to ten years; or
with imprisonment of either description for a term which may extend to two years, with or without
fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to
be apprehended for, an offence punishable with imprisonment for a term less than ten years.
222. Intentional omission to apprehend on the part of public servant bound to apprehend
person under sentence or lawfully committed.—Whoever, being a public servant, legally bound as
such public servant to apprehend or to keep in confinement any person under sentence of a Court of
Justice for any offence 2
[or lawfully committed to custody], intentionally omits to apprehend such person,
or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting
to escape from such confinement, shall be punished as follows, that is to say:—
with 1
[imprisonment for life] or with imprisonment of either description for a term which may extend
to fourteen years, with or without fine, if the person in confinement, or who ought to have been
apprehended, is under sentence of death; or
with imprisonment of either description for a term which may extend to seven years, with or without
fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a
Court of Justice, or by virtue of a commutation of such sentence, to 1
[imprisonment for life] 3
*** 4
***
5
*** 6
*** or imprisonment for a term of ten years, or upwards; or
with imprisonment of either description for a term which may extend to three years, or with fine, or
with both, if the person in confinement or who ought to have been apprehended is subject by a sentence
of a Court of Justice, to imprisonment for a term not extending to ten years 2
[or if the person was lawfully
committed to custody].
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 27 of 1870, s. 8.
3. The words “or penal servitude for life” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
4. The words “or to” omitted by Act 36 of 1957, s. 3 and the Second Sch.
5. The word “transportation” omitted by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
6. The words “or penal servitude” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
58
223. Escape from confinement or custody negligently suffered by public servant.—Whoever,
being a public servant legally bound as such public servant to keep in confinement any person charged
with or convicted of any offence 1
[or lawfully committed to custody], negligently suffers such person to
escape from confinement, shall be punished with simple imprisonment for a term which may extend to
two years, or with fine, or with both.
224. Resistance or obstruction by a person to his lawful apprehension.—Whoever intentionally
offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with
which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody
in which he is lawfully detained for any such offence, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Explanation.—The punishment in this section is in addition to the punishment for which the person to
be apprehended or detained in custody was liable for the offence with which he was charged, or of which
he was convicted.
225. Resistance or obstruction to lawful apprehension of another person.—Whoever intentionally
offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence,
or rescues or attempts to rescue any other person from any custody in which that person is lawfully
detained for an offence, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both;
or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with
or liable to be apprehended for an offence punishable with 2
[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
of a Court of Justice, or by virtue of a commutation of such a sentence, to 2
[imprisonment for life], 3
***
4
*** 5
*** or imprisonment, for a term of ten years, or upwards, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death,
shall be punished with 2
[imprisonment for life] or imprisonment of either description for a term not
exceeding ten years, and shall also be liable to fine.
6
[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not
otherwise, provided for.—Whoever, being a public servant legally bound as such public servant to
apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222
or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers
him to escape from confinement, shall be punished—
(a) if he does so intentionally, with imprisonment of either description for a term which may
extend to three years, or with fine or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may extend to two
years, or with fine, or with both.
225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not
otherwise provided for.—Whoever, in any case not provided for in section 224 or section 225 or in any
other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful
apprehension of himself or of any other person, or escapes or attempts to escape from any custody in
1. Ins. by Act 27 of 1870, s. 8.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. The words “or to” omitted by Act 36 of 1957, s. 3 and the Second Sch.
4. The word “transportation” omitted by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
5. The words “penal servitude” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
6. Subs. by Act 10 of 1886, s. 24(1), for section 225A which had been ins. by Act 27 of 1870, s. 9.
59
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. 117 and the Sch (w.e.f. 1-1-1956).
227. Violation of condition of remission of punishment.—Whoever, having accepted any
conditional remission of punishment, knowingly violates any condition on which such remission was
granted, shall be punished with the punishment to which he was originally sentenced, if he has already
suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much
of that punishment as he has not already suffered.
228. Intentional insult or interruption to public servant sitting in judicial proceeding.—Whoever
intentionally offers any insult, or causes any interruption to any public servant, while such public servant
is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
1
[228A. Disclosure of identity of the victim of certain offences, etc.—(1) Whoever prints or
publishes the name or any matter which may make known the identity of any person against whom an
2
[offence under section 376, section 376A, section 376B, section 376C, section 376D 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
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.
1. Ins. by Act 43 of 1983, s. 2.
2. Subs. by Act 13 of 2013, s. 4, for “offence under section 376, section 376A, section 376B, section 376C or section 376D”
(w.e.f. 3-2-2013).
60
1
[229A. 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
230. “Coin” defined.—2
[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.
(d) The coin denominated as the Company's rupee is 4
[Indian coin].
5
[(e) The “Farukhabad rupee”, which was formerly used as money under the authority of the Government of India, is
6
[Indian coin] although it is no longer so used.]
231. Counterfeiting coin.—Whoever counterfeits or knowingly performs any part of the process of
counterfeiting coin, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Explanation.—A person commits this offence who intending to practise deception, or knowing it to
be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.
232. Counterfeiting Indian coin.—Whoever counterfeits, or knowingly performs any part of the
process of counterfeiting 4
[Indian coin], shall be punished with 7
[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.
233. Making or selling instrument for counterfeiting coin.—Whoever makes or mends, or
performs any part of the process of making or mending, or buys, sells or disposes of, any die or
instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be
used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for
a term which may extended to three years, and shall also be liable to fine.
234. Making or selling instrument for counterfeiting Indian coin.—Whoever makes or mends, or
performs any part of the process of making or mending or buys, sells or disposes of, any die or
instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be
1. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).
2. Subs. by Act 19 of 1872, s. 1, for the first paragraph.
3. Subs. by the A. O. 1950, for the second paragraph.
4. Subs., ibid., for “the Queen’s coin”.
5. Added by Act 6 of 1896, s. 1(2).
6. Subs. by the A. O. 1950, for “Queen’s coin”
7. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
61
used, for the purpose of counterfeiting 1
[Indian coin], shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
235. Possession of instrument or material for the purpose of using the same for counterfeiting
coin.—Whoever is in possession of any instrument or material, for the purpose of using the same for
counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that
purpose, shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine;
if Indian coin.—and if the coin to be counterfeited is 1
[Indian coin], shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
236. Abetting in India the counterfeiting out of India of coin.—Whoever, being within 2
[India]
abets the counterfeiting of coin out of 2
[India] shall be punished in the same manner as if he abetted the
counterfeiting of such coin within 2
[India].
237. Import or export of counterfeit coin.—Whoever imports into 2
[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.
238. Import or export of counterfeits of the Indian coin.—Whoever imports into 2
[India], or
exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of
1
[Indian coin], shall be punished with 3
[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.
239. Delivery of coin, possessed with knowledge that it is counterfeit.—Whoever, having any
counterfeit coin, which at the time when he became possessed of it, he knew to be counterfeit,
fraudulently or with intent that fraud may be committed, delivers the same to any persons or attempts to
induce any person to receive it, shall be punished with imprisonment of either description for a term
which may extend to five years, and shall also be liable to fine.
240. Delivery of Indian coin, possessed with knowledge that it is counterfeit.—Whoever, having
any counterfeit coin which is a counterfeit of 1
[Indian coin], and which, at the time when he became
possessed of it, he knew to be a counterfeit of 1
[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.
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be
counterfeit.—Whoever delivers to any other person as genuine, or attempts to induce any other person to
receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to
be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine to an amount which may extend
to ten times the value of the coin counterfeited, or with both.
Illustration
A, a coiner, delivers counterfeit Company's rupees to his accomplice B, for the purpose of uttering
them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit. C pays
away the rupees for 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.
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became
possessed thereof.—Whoever, fraudulently or with intent that fraud may be committed, is in possession
1. Subs. by the A. O. 1950, for “the Queen’s coin”.
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
3. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
62
of counterfeit coin, having known at the time when he became possessed thereof that such coin was
counterfeit, shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.
243. Possession of Indian coin by person who knew it to be counterfeit when he became
possessed thereof.—Whoever, fraudulently or with intent that fraud may be committed, is in possession
of counterfeit coin, which is a counterfeit of 1
[Indian coin], having known at the time when he became
possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
244. Person employed in mint causing coin to be of different weight or composition from that
fixed by law.—Whoever, being employed in any mint lawfully established in 2
[India], does any act, or
omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of
a different weight or composition from the weight or composition fixed by law, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
245. Unlawfully taking coining instrument from mint.—Whoever, without lawful authority, takes
out of any mint, lawfully established in 2
[India], any coining tool or instrument, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
246. Fraudulently or dishonestly diminishing weight or altering composition of coin.—Whoever,
fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the
composition of that coin, shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.
Explanation.—A person who scoops out part of the coin and puts anything else into the cavity alters
the composition of the coin.
247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin.—
Whoever fraudulently or dishonestly performs on 3
[any Indian coin] any operation which diminishes the
weight or alters the composition of that coin, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
248. Altering appearance of coin with intent that it shall pass as coin of different description.—
Whoever performs on any coin any operation which alters the appearance of that coin, with the intention
that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.
249. Altering appearance of Indian coin with intent that it shall pass as coin of different
description.—Whoever performs on 3
[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.
250. Delivery of coin, possessed with knowledge that it is altered.—Whoever, having coin in his
possession with respect to which the offence defined in section 246 or 248 has been committed, and
having known at the time when he became possessed of such coin that such offence had been committed
with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other
person, or attempts to induce any other person to receive the same, shall be punished with imprisonment
of either description for a term which may extend to five years, and shall also be liable to fine.
251. Delivery of Indian coin, possessed with knowledge that it is altered.—Whoever, having coin
in his possession with respect to which the offence defined in section 247 or 249 has been committed, and
having known at the time when he became possessed of such coin that such offence had been committed
with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other
1. Subs. by the A. O. 1950, for “the Queen’s coin”.
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
3. Subs. by the A. O. 1950, for “any of the Queen’s coin”.
63
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.
252. Possession of coin by person who knew it to be altered when he became possessed
thereof.—Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with
respect to which the offence defined in either of the section 246 or 248 has been committed, having
known at the time of becoming possessed thereof that such offence had been committed with respect to
such coin, shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
253. Possession of Indian coin by person who knew it to be altered when he became possessed
thereof.—Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin
with respect to which the offence defined in either of the section 247 or 249 has been committed having
known at the time of becoming possessed thereof, that such offence had been committed with respect to
such coin, shall be punished with imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine.
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be
altered.—Whoever delivers to any other person as genuine or as a coin of a different description from
what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is,
any coin in respect of which he knows that any such operation as that mentioned in 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.
255. Counterfeiting Government stamp.—Whoever counterfeits, or knowingly performs any part
of the process of counterfeiting, any stamp issued by Government for the purpose of revenue shall be
punished with 1
[imprisonment for life] or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
Explanation.—A person commits this offence who counterfeits by causing a genuine stamps of one
denomination to appear like a genuine stamp of a different denomination.
256. Having possession of instrument or material for counterfeiting Government stamp.—
Whoever has in his possession any instrument or material for the purpose of being used, or knowing or
having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued
by Government for the purpose of revenue, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
257. Making or selling instrument for counterfeiting Government stamp.—Whoever makes or
performs any part of the process of making, or buys, or sells, or disposes 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.
258. Sale of counterfeit Government stamp.—Whoever sells, or offers for sale, any stamp which he
knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of
revenue, shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
259. Having possession of counterfeit Government stamp.—Whoever has in his possession any
stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue,
intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine
stamp, shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
260. 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,
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
64
shall be punished with imprisonment of either description for a term which may extend to seven years, or
with fine, or with both.
261. Effacing writing from substance bearing Government stamp, or removing from document
a stamp used for it, with intent to cause loss to Government.—Whoever, fraudulently or with intent to
cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by
Government for the purpose of revenue, any writing or document for which such stamp has been used, or
removes from any writing or document a stamp which has been used for such writing or document, in
order that such stamp may be used for a different writing or document, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both.
262. Using Government stamp known to have been before used.—Whoever, fraudulently or with
intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the
purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
263. Erasure of mark denoting that stamp has been used.—Whoever, fraudulently or with intent
to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of
revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been
used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has
been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall
be punished with imprisonment of either description for a term which may extend to three years, or with
fine, or with both.
1
[263A. 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
fictitious stamp 2
[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
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.
CHAPTER XIII
OF OFFENCESRELATINGTO WEIGHTSAND MEASURES
264. Fraudulent use of false instrument for weighing.—Whoever, fraudulently uses any instrument
for weighing which he knows to be false, shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.
265. Fraudulent use of false weight or measure.—Whoever, fraudulently uses any false weight or
false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity
as a different weight or measure from what it is, shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine, or with both.
266. Being in possession of false weight or measure.—Whoever is in possession of any instrument
for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false,
1. Added by Act 3 of 1895, s. 2.
2. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for “may be seized and”.
65
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.
267. Making or selling false weight or measure.—Whoever makes, sells or disposes of any
instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false,
in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both.
CHAPTER XIV
OF OFFENCESAFFECTINGTHE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCYAND MORALS
268. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an
illegal omission which causes any common injury, danger or annoyance to the public or to the people in
general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction,
danger or annoyance to persons who may have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
269. Negligent act likely to spread infection of disease dangerous to life.—Whoever unlawfully or
negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the
infection of any disease dangerous to life, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
270. Malignant act likely to spread infection of disease dangerous to life.—Whoever malignantly
does any act which is, and which he knows or has reason the believe to be, likely to spread the infection
of any disease dangerous to life, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
271. Disobedience to quarantine rule.—Whoever knowingly disobeys any rule made and
promulgated 2
[by the 3
*** Government 4
***] 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.
272. Adulteration of food or drink intended for sale.—Whoever adulterates any article of food or
drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink,
or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
273. Sale of noxious food or drink.—Whoever sells, or offers or exposes for sale, as food or drink,
any article which has been rendered or has become noxious, or is in a state unfit for food or drink,
knowing or having reason to believe that the same is noxious as food or drink, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
274. Adulteration of drugs.—Whoever adulterates any drug or medical preparation in such a manner
as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it
noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used
for, any 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.
275. Sale of adulterated drugs.—Whoever, knowing any drug or medical preparation to have been
adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells
1. The word “and” omitted by Act 42 of 1953, s. 4 and the Third Sch.
2. Subs. by the A. O. 1937, for “by the G. of I., or by any Government”.
3. The words “Central or any Provincial” omitted by the A. O. 1950.
4. The words “or the Crown Representative” omitted by the A. O. 1948.
66
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.
276. Sale of drug as a different drug or preparation.—Whoever knowingly sells, or offers or
exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a
different drug or medical preparation, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine which may extend to one thousand rupees, or with
both.
277. Fouling water of public spring or reservoir.—Whoever voluntarily corrupts or fouls the water
of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used,
shall be punished with imprisonment of either description for a term which may extend to three months,
or with fine which may extend to five hundred rupees, or with both.
278. Making atmosphere noxious to health.—Whoever voluntarily vitiates the atmosphere in any
place so as to make it noxious to the health of persons in general dwelling or carrying on business in the
neighbourhood or passing along a public way, shall be punished with fine which may extend to five
hundred rupees.
279. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public
way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to
any other person, shall be punished with imprisonment of either description for a term which may extend
to six months, or with fine which may extend to one thousand rupees, or with both.
280. Rash navigation of vessel.—Whoever navigates any vessel in a manner so rash or negligent as
to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
281. Exhibition of false light, mark or buoy.—Whoever exhibits any false light, mark or buoy,
intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished
with imprisonment of either description for a term which may extend to seven years, or with fine, or with
both.
282. Conveying person by water for hire in unsafe or overloaded vessel.—Whoever knowingly or
negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that
vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
283. Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or
by omitting to take order with any property in his possession or under his charge, causes danger,
obstruction or injury to any person in any public way or public line of navigation, shall be punished, with
fine which may extend to two hundred rupees.
284. Negligent conduct with respect to poisonous substance.—Whoever does, with any poisonous
substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt
or injury to any person,
or knowingly or negligently omits to take such order with any poisonous substance in his possession
as is sufficient to guard against any probable danger to human life from such poisonous substance,
shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
285. Negligent conduct with respect to fire or combustible matter.—Whoever does, with fire or
any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to
cause hurt or injury to any other person,
67
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.
286. Negligent conduct with respect to explosive substance.—Whoever does, with any explosive
substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or
injury to any other person,
or knowingly or negligently omits to take such order with any explosive substance in his possession
as is sufficient to guard against any probable danger to human life from that substance,
shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
287. Negligent conduct with respect to machinery.—Whoever does, with any machinery, any act
so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other
person,
or knowingly or negligently omits to take such order with any machinery in his possession or under
his care as is sufficient to guard against any probable danger to human life from such machinery,
shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
288. Negligent conduct with respect to pulling down or repairing buildings.—Whoever, in
pulling down or repairing any building, knowingly or negligently omits to take such order with that
building as is sufficient to guard against any probable danger to human life from the fall of that building,
or of any part thereof, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with both.
289. Negligent conduct with respect to animal.—Whoever knowingly or negligently omits to take
such order with any animal in his possession as is sufficient to guard against any probable danger to
human life, or any probable danger of grievous hurt from such animal, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
290. Punishment for public nuisance in cases not otherwise provided for.—Whoever commits a
public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may
extend to two hundred rupees.
291. Continuance of nuisance after injunction to discontinue.—Whoever repeats or continues a
public nuisance, having been enjoined by any public servant who has lawful authority to issue such
injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term
which may extend to six months, or with fine, or with both.
1
[292. Sale, etc., of obscene books, etc.—2
[(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
1. Subs. by Act 8 of 1925, s. 2, for s. 292.
2. Ins. by Act 36 of 1969, s. 2.
3. S. 292 renumbered as sub-section (2) thereof by s. 2, ibid.
68
possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any
other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing
or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited
or in any manner put into circulation, or
(c) takes part in or receives profits from any business in the course of which he knows or has
reason to believe that any such obscene objects are, for any of the purposes aforesaid, made,
produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put
into circulation, or
(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to
engage in any act which is an offence under this section, or that any such obscene object can be
procured from or through any person, or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished 1
[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].
2
[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.]]
3
[293. Sale, etc., of obscene objects to young person.—Whoever sells, lets to hire, distributes,
exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to
in the last preceding section, or offers or attempts so to do, shall be punished 1
[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].]
4
[294. Obscene acts and songs.—Whoever, to the annoyance of others,
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,
shall be punished with imprisonment of either description for a term which may extend to three months,
or with fine, or with both.]
5
[294A. Keeping lottery office.—Whoever keeps any office or place for the purpose of drawing any
lottery 6
[not being 7
[a State lottery] or a lottery authorised by the 8
[State] Government], shall be punished
1. Subs. by Act 36 of 1969, s. 2, for certain words.
2. Subs. by s. 2, ibid., for Exception.
3. Subs. by Act 8 of 1925, s. 2, for section 293.
4. Subs. by Act 3 of 1895, s. 3, for section 294.
5. Ins. by Act 27 of 1870, s. 10.
6. Subs. by the A. O. 1937, for “not authorized by Government”.
7. Subs. by Act 3 of 1951, s. 3 and the Sch., for “a lottery organized by the Central Government or the Government of a Part A
State or a Part B State”.
8. Subs. by the A. O. 1950, for “Provincial”.
69
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.
1
[295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by
insulting its religion or religious beliefs.—Whoever, with deliberate and malicious intention of
outraging the religious feelings of any class of 2
[citizens of India], 3
[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
may extend to 4
[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.
297. Trespassing on burial places, etc.—Whoever, with the intention of wounding the feelings of
any person, or of insulting the religion of any person or with the knowledge that the feelings of any
person are likely to be wounded, or that the religion of any person is likely to be insulted thereby,
commits any trespass in any place of worship or on any place of sepulture, or any place set apart for
the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to
any human corpse, or causes disturbance to any persons assembled for the performance of funeral
ceremonies,
shall be punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
298. Uttering words, etc., with deliberate intent to wound religious feelings.—Whoever, with the
deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound
in the hearing of that person or makes any gesture in the sight of that persons or places any object in the
sight of that person, shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
CHAPTER XVI
OF OFFENCESAFFECTINGTHE HUMAN BODY
Of offences affecting life
299. Culpable homicide.—Whoever causes death by doing an act with the intention of causing
death, or with the intention of causing such bodily injury as is likely to cause death, or with the
knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
1. Ins. by Act 25 of 1927, s. 2.
2. Subs. by the A. O. 1950, for “His Majesty’s subjects”.
3. Subs. by Act 41 of 1961, s. 3, for certain words.
4. Subs. by s. 3, ibid., for “two years”.
70
Illustrations
(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to
be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable
homicide.
(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z's death,
induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable
homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there.
Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause
death by doing an act that he knew was likely to cause death.
Explanation 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.
Explanation 3.—The causing of the death of a child in the mother's womb is not homicide. But it may
amount to culpable homicide to cause the death of a living child, if any part of that child has been brought
forth, though the child may not have breathed or been completely born.
300. Murder.—Except in the cases hereinafter excepted, culpable homicide is murder, if the act by
which the death is caused is done with the intention of causing death, or—
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.
Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention
of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been
sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is
labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of
health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such
bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature.
Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z's death.
(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder,
although he may not have had a premeditated design to kill any particular individual.
Exception 1.—When culpable homicide is not murder.—Culpable homicide is not murder if the
offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death
of the person who gave the provocation or causes the death of any other person by mistake or accident.
The above exception is subject to the following provisos:—
First.—That the provocation is not sought or voluntarily provoked by the offender as an excuse for
killing or doing harm to any person.
Secondly.—That the provocation is not given by anything done in obedience to the law, or by a public
servant in the lawful exercise of the powers of such public servant.
Thirdly.—That the provocation is not given by anything done in the lawful exercise of the right of
private defence.
71
Explanation.—Whether the provocation was grave and sudden enough to prevent the offence from
amounting to murder is a question of fact.
Illustrations
(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z's child. This is murder,
inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in
doing an act caused by the provocation.
(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing
himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable
homicide.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder,
inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers.
(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A's deposition, and that A has
perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.
(e)A attempts to pull Z's nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so.
A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was giving by
a thing done in the exercise of the right of private defence.
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and
to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only
culpable homicide, but A is guilty of murder.
Exception 2.—Culpable homicide is not murder if the offender in the exercise in good faith of the
right of private defence of person or property, exceeds the power given to him by law and causes the
death of the person against whom he is exercising such right of defence without premeditation, and
without any intention of doing more harm than is necessary for the purpose of such defence.
Illustration
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the
assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has
not committed murder, but only culpable homicide.
Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a
public servant acting for the advancement of public justice, exceeds the powers given to him by law, and
causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due
discharge of his duty as such public servant and without ill-will towards the person whose death is
caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden
fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue
advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party offers the provocation or commits the first
assault.
Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above
the age of eighteen years, suffers death or takes the risk of death with his own consent.
Illustration
A, by instigation, voluntarily causes Z, a person under eighteen years of age to commit suicide. Here, on account of Z's
youth, he was incapable of giving consent to his own death; A has therefore abetted murder.
301. Culpable homicide by causing death of person other than person whose death was
intended.—If a person, by doing anything which he intends or knows to be likely to cause death,
commits culpable homicide by causing the death of any person, whose death he neither intends nor knows
himself to be likely to cause, the culpable homicide committed by the offender is of the description of
which it would have been if he had caused the death of the person whose death he intended or knew
himself to he likely to cause.
72
302. Punishment for murder.—Whoever commits murder shall be punished with death or
1
[imprisonment for life], and shall also be liable to fine.
303. Punishment for murder by life-convict.—Whoever, being under sentence of 1
[imprisonment
for life], commits murder, shall be punished with death.
304. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable
homicide not amounting to murder, shall be punished with 1
[imprisonment for life], or imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine, 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.
2
[304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash
or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.]
3
[304B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or
occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that
soon before her death she was subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and
such husband or relative shall be deemed to have caused her death.
Explanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in
section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life.]
305. Abetment of suicide of child or insane person.—If any person under eighteen years of age,
any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits
suicide, whoever abets the commission of such suicide, shall be punished with death or 1
[imprisonment
for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
306. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such
suicide, shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
307. Attempt to murder.—Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1
[imprisonment
for life], or to such punishment as is hereinbefore mentioned.
Attempts by life-convicts.—4
[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. A is
liable to punishment under this section.
(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place A has committed the
offence defined by this section, though the death of the child does not ensue.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 27 of 1870, s. 12.
3. Ins. by Act 43 of 1986, s. 10 (w.e.f. 19-11-1986).
4. Added by Act 27 of 1870, s. 11.
73
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has
committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the
latter part of 1
[the first paragraph of] this section.
(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A's keeping; A
has not yet committed the offence defined in this section. A places the food on Z's table or delivers it to Z's servants to place it on
Z's table. A has committed the offence defined in this section.
308. Attempt to commit culpable homicide.—Whoever does any act with such intention or
knowledge and under such circumstances that, if he by that act caused death, he would be guilty of
culpable homicide not amounting to murder, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person
by such act, shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
Illustration
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he there by caused death he would
be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.
309. 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
extend to one year 2
[or with fine, or with both.]
310. Thug.—Whoever, at any time after the passing of this Act, shall have been habitually associated
with any other or others for the purpose of committing robbery or child-stealing by means of or
accompanied with murder, is a thug.
311. Punishment.—Whoever is a thug, shall be punished with 3
[imprisonment for life], and shall also
be liable to fine.
Of the causing of miscarriage, of injuries to unborn children, of the exposure
Of infants, and of the concealment of births.
312. 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.
Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.
313. Causing miscarriage without woman's consent.—Whoever commits the offence defined in
the last preceding section without the consent of the woman, whether the woman is quick with child or
not, shall be punished with 3
[imprisonment for life], or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
314. Death caused by act done with intent to cause miscarriage.—Whoever, with intent to cause
the miscarriage of a woman with child, does any act which causes the death of such woman, shall be
punished with imprisonment of either description for a term 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,
shall be punished either with 3
[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.
315. Act done with intent to prevent child being born alive or to cause it to die after birth.—
Whoever before the birth of any child does any act with the intention of thereby preventing that child
from being born alive or causing it to die after its birth, and does by such act prevent that child from being
1. Ins. by Act 12 of 1891, s. 2 and the Second Sch.
2. Subs. by Act 8 of 1882, s. 7, for “and shall also be liable to fine”.
3. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
74
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.
316. Causing death of quick unborn child by act amounting to culpable homicide.—Whoever
does any act under such circumstances, that if he thereby caused death he would be guilty of culpable
homicide, and does by such act cause the death of a quick unborn child, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
Illustration
A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman,
would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which
she is pregnant is thereby caused. A is guilty of the offence defined in this section.
317. Exposure and abandonment of child under twelve years, by parent or person having care
of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of
such child, shall expose or leave such child in any place with the intention of wholly abandoning such
child, shall be punished with imprisonment of either description for a term which may extend to seven
years, or with fine, or with both.
Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable
homicide, as the case may be, if the child die in consequence of the exposure.
318. Concealment of birth by secret disposal of dead body.—Whoever, by secretly burying or
otherwise disposing of the dead body of a child whether such child die before or after or during its birth,
intentionally conceals or endeavors to conceal the birth of such child, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Of Hurt
319. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
320. Grievous hurt.—The following kinds of hurt only are designated as “grievous”:—
First.—Emasculation.
Secondly.—Permanent privation of the sight of either eye.
Thirdly.—Permanent privation of the hearing of either ear.
Fourthly.—Privation of any member or joint.
Fifthly.—Destruction or permanent impairing of the powers of any member or joint.
Sixthly.—Permanent disfiguration of the head or face.
Seventhly.—Fracture or dislocation of a bone or tooth.
Eighthly.—Any hurt which endangers life or which causes the sufferer to be during the space of
twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
321. Voluntarily causing hurt.—Whoever does any act with the intention of thereby causing hurt to
any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby
cause hurt to any person, is said “voluntarily to cause hurt”.
322. Voluntarily causing grievous hurt.—Whoever voluntarily causes hurt, if the hurt which he
intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is
grievous hurt, is said “voluntarily to cause grievous hurt”.
Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes
grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily
to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he
actually causes grievous hurt of another kind.
75
Illustration
A, intending of knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently
disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous
hurt.
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by
section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term
which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case
provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or
cutting, or any instrument which, used as 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.
325. Punishment for voluntarily causing grievous hurt.—Whoever, except in the case provided for
by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
326. Voluntarily causing grievous hurt by dangerous weapons or means.—Whoever, except in
the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for
shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause
death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance,
or by means of any explosive substance, or by means of any substance which it is deleterious to the
human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be
punished with 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.
2
[326A. 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.
326B. 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
a term which shall not be less than five years but which may extend to seven years, and shall also be
liable to fine.
Explanation 1.—For the purposes of section 326A and this section, "acid" includes any substance
which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading
to scars or disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of section 326A and this section, permanent or partial damage or
deformity shall not be required to be irreversible.]
327. 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
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 13 of 2013, s. 5 (w.e.f. 3-2-2013).
76
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.
328. 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.
329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.—
Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any
person interested in the sufferer any property or valuable security, or of constraining the sufferer or any
person interested in such sufferer to do anything that is illegal or which may facilitate the commission of
an offence, shall be punished with 1
[imprisonment for life], or imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
330. Voluntarily causing hurt to extort confession, or to compel restoration of property.—
Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or from any person
interested in the sufferer, any confession or any information which may lead to the detection of an offence
or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to
restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand,
or to give information which may lead to the restoration of any property or valuable security, shall be
punished with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
Illustrations
(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under
this section.
(b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an
offence under this section.
(c) A, a revenue officer, tortures z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an
offence under this section.
(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.
331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of
property.—Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or
from any person interested in the sufferer any confession or any information which may lead to the
detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person
interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to
satisfy any claim or demand or to give information which may lead to the restoration of any property or
valuable security, shall be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
332. Voluntarily causing hurt to deter public servant from his duty.—Whoever voluntarily causes
hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent
to prevent or deter that person or any other public servant from discharging his duty as such public
servant or in consequence of anything done or attempted to be done by that person in the lawful discharge
of his duty as such public servant, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
333. Voluntarily causing grievous hurt to deter public servant from his duty.—Whoever
voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such
public servant, or with intent to prevent or deter that person or any other public servant from discharging
his duty as such public servant, or in consequence of anything done or attempted to be done by that
person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
77
334. Voluntarily causing hurt on provocation.—Whoever voluntarily causes hurt on grave and
sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other
than the person who gave the provocation, shall be punished with imprisonment of either description for a
term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
335. Voluntarily causing grievous hurt on provocation.—Whoever 1
[voluntarily] causes grievous
hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause
grievous hurt to any person other than the person who gave the provocation, shall be punished with
imprisonment of either description for a term which may extend to four years, or with fine which may
extend to two thousand rupees, or with both.
Explanation.—The last two sections are subject to the same provisos as Exception 1, section 300.
336. Act endangering life or personal safety of others.—Whoever does any act so rashly or
negligently as to endanger human life or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extend to three months or with fine which may
extend to two hundred and fifty rupees, or with both.
337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to
any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of
others, shall be punished with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to five hundred rupees, or with both.
338. 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.
Of wrongful restraint and wrongful confinement
339. Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person
from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain
that person.
Exception.—The obstruction of a private way over land or water which a person in good faith
believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is
thereby prevented from passing. A wrongfully restrains Z.
340. Wrongful confinement.—Whoever wrongfully restrains any person in such a manner as to
prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to
confine” that person.
Illustrations
(a) A causes Z to go within a walled space, and locks Z in 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. A wrongfully confines Z.
341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be
punished with simple imprisonment for a term which may extend to one month, or with fine which may
extend to five hundred rupees, or with both.
342. Punishment for wrongful confinement.—Whoever wrongfully confines any person shall be
punished with imprisonment of either description for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both.
1. Ins. by Act 8 of 1882, s. 8.
78
343. Wrongful confinement for three or more days.—Whoever wrongfully confines any person for
three days, or more, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
344. Wrongful confinement for ten or more days.—Whoever wrongfully confines any person for
ten days, or more, shall be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine.
345. Wrongful confinement of person for whose liberation writ has been issued.—Whoever
keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been
duly issued, shall be punished with imprisonment of either description for a term which may extend to
two years in addition to any term of imprisonment to which he may be liable under any other section of
this Chapter.
346. Wrongful confinement in secret.—Whoever wrongfully confines any person in such manner as
to indicate an intention that the confinement of such person may not be known to any person interested in
the person so confined, or to any public servant, or that the place of such confinement may not be known
to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with
imprisonment of either description for a term which may extend to two years in addition to any other
punishment to which he may be liable for such wrongful confinement.
347. Wrongful confinement to extort property, or constrain to illegal act.—Whoever wrongfully
confines any person for the purpose of extorting from the person confined, or from any person interested
in the person confined, any property or valuable security or of constraining the person confined or any
person interested in such person to do anything illegal or to give any information which may facilitate the
commission of an offence, shall be punished with imprisonment of either description for a term which
may extend to three years, and shall also be liable to fine.
348. Wrongful confinement to extort confession, or compel restoration of property.—Whoever
wrongfully confines any person for the purpose of extorting from the person confined or any person
interested in the person confined any confession or any information which may lead to the detection of an
offence or misconduct, or for the purpose of constraining the person confined or any person interested in
the person confined to restore or to cause the restoration of any property or valuable security or to satisfy
any claim or demand, or to give information which may lead to the restoration of any property or valuable
security, shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
Of Criminal Force and Assault
349. Force.—A person is said to use force to another if he causes motion, change of motion, or
cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or
cessation of motion as brings that substance into contact with any part of that other's body, or with
anything which that other is wearing or carrying, or with anything so situated that such contact affects that
other's sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of
motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter
described:
First.—By his own bodily power.
Secondly.—By disposing any substance in such a manner that the motion or change or cessation of
motion takes place without any further act on his part, or on the part of any other person.
Thirdly.—By inducing any animal to move, to change its motion, or to cease to move.
350. Criminal force.—Whoever intentionally uses force to any person, without that person's consent,
in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to
be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the
force is used, is said to use criminal force to that other.
Illustrations
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the
stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is
produced without any other action on any person's part. A has therefore intentionally used force to Z; and if he has done so
79
without Z's consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will
cause injury, fear or annoyance to Z, A has used criminal force to Z.
(b) Z is riding in a chariot. A lashes Z's horses, and thereby causes them to quicken their pace. Here A has caused change of
motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z's
consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.
(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of
motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally,
without Z's consent, in order to the commission of an offence. A has used criminal force to Z.
(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring
it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z's consent, intending or
knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z's
clothes, or with something carried by Z, or that it will strike water and dash up the water against Z's clothes or something carried
by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z's clothes, A
has used force to Z, and if he did so without Z's consent, intending thereby to injure, frighten or annoy Z, he has used criminal
force to Z.
(f) A intentionally pulls up a Woman's veil. Here A intentionally uses force to her, and if he does so without her consent
intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.
(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power
causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact
must affect Z's sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z's consent
intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.
(h) A incites a dog to spring upon Z, without Z's consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses
criminal force to Z.
351. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely
that such gesture or preparation will cause any person present to apprehend that he who makes that
gesture or preparation is about to use criminal force to that person, is said to commit an assault.
Explanation.—Mere words do not amount to an assault. But the words which a person uses may give
to his gestures or preparation such a meaning as may make those gestures or preparations amount to an
assault.
Illustrations
(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike
Z. A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to
believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to
an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault,the gesture
explained by the words may amount to an assault.
352. Punishment for assault or criminal force otherwise than on grave provocation.—Whoever
assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by
that person, shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to five hundred rupees, or with both.
Explanation.—Grave and sudden provocation will not mitigate the punishment for an offence under
this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the
offence, or
if the provocation is given by anything done in obedience to the law, or by a public servant, in the
lawful exercise of the powers of such public servant, or
if the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
353. Assault or criminal force to deter public servant from discharge of his duty.—Whoever
assaults or uses criminal force to any person being a public servant in the execution of his duty as such
public servant, or with intent to prevent or deter that person from discharging his duty as such public
servant, or in consequence of anything done or attempted to be done by such person to the lawful
80
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.
354. Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults
or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by
outrage her modesty, 1
[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].
2
[354A. 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.
354B. 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.
354C. Voyeurism.—Any man who watches, or captures the image of a woman engaging in a private
act in circumstances where she would usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be
punished on first conviction with imprisonment of either description for a term which shall not be less
than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a
second or subsequent conviction, with imprisonment of either description for a term which shall not be
less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purpose of this section, “private act” includes an act of watching carried out
in a place which, in the circumstances, would reasonably be expected to provide privacy and where the
victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a
lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
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.
354D. 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:
1. Subs. by Act 13 of 2013, s. 6, for “shall be punished with imprisonment of either description for a term which may extend to two years, or
with fine, or with both” (w.e.f. 3-2-2013).
2. Ins. by s. 7, ibid. (w.e.f. 3-2-2013).
81
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.
356. Assault or criminal force in attempt to commit theft of property carried by a person.—
Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property
which that person is then wearing or carrying, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
357. Assault or criminal force in attempt wrongfully to confine a person.—Whoever assaults or
uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine which may
extend to one thousand rupees, or with both.
358. Assault or criminal force on grave provocation.—Whoever assaults or uses criminal force to
any person on grave and sudden provocation given by that person, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may extend to two hundred
rupees, or with both.
Explanation.—The last section is subject to the same Explanation as section 352.
Of Kidnapping, Abduction, Slavery and Forced Labour
359. Kidnapping.—Kidnapping is of two kinds: kidnapping from 1
[India], and kidnapping from
lawful guardianship.
360. Kidnapping from India.—Whoever conveys any person beyond the limits of 1
[India] without
the consent of that person, or of some person legally authorised to consent on behalf of that person, is said
to kidnap that person from 1
[India].
361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 2
[sixteen]
years of age if a male, or under 3
[eighteen] years of age if a female, or any person of unsound mind, out of
the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such
guardian, is said to kidnap such minor or person from lawful guardianship.
Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted
with the care 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.
1. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
2. Subs. by Act 42 of 1949, s. 2, for “fourteen”.
3. Subs. by s. 2, ibid., for “sixteen”.
82
362. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go
from any place, is said to abduct that person.
363. Punishment for kidnapping.—Whoever kidnaps any person from 1
[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.
2
[363A. Kidnapping or maiming a minor for purposes of begging.—(1) Whoever kidnaps any
minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such
minor may be employed or used for the 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
murdered, shall be punished with 3
[imprisonment for life] or rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine.
IIIustrations
(a) A kidnaps Z from 1
[India], intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the
offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence
defined in this section.
4
[364A. Kidnapping for ransom, etc.—Whoever kidnaps or abducts any person or keeps a person in
detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by
his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes
hurt or death to such person in order to compel the Government or 5
[any foreign State or international
inter-governmental organisation or any other person] to do or abstain from doing any act or to pay a
ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.]
1. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
2. Ins. by Act 52 of 1959, s. 2 (w.e.f. 15-1-1960).
3. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
4. Ins. by Act 42 of 1993, s. 2.
5. Subs. by Act 24 of 1995, s. 2, for “any other person”.
83
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.
366. Kidnapping, abducting or inducing woman to compel her marriage, etc.—Whoever kidnaps
or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be
compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit
intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine; 1
[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].
2
[366A. Procuration of minor girl.—Whoever, by any means whatsoever, induces any minor girl
under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or
knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall
be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
366B. Importation of girl from foreign country.—Whoever imports into 3
[India] from any country
outside India 4
[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
with another person, 5
*** 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.
368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.—
Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or
confines such person, shall be punished in the same manner as if he had kidnapped or abducted such
person with the same intention or knowledge, or for the same purpose as that with or for which he
conceals or detains such person in confinement.
369. Kidnapping or abducting child under ten years with intent to steal from its person.—
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly
any movable property from the person of such child, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
6
[370. Trafficking of person.—(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports,
(c) harbours, (d) transfers, or (e) receives, a person or persons, by—
First.—using threats, or
Secondly.—using force, or any other form of coercion, or
Thirdly.—by abduction, or
1. Added by Act 20 of 1923, s. 2.
2. Ins. by s. 3, ibid.
3. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
4. Ins. by Act 3 of 1951, s. 3 and the Sch.
5. Certain words omitted by s. 3 and the Sch., ibid.
6. Subs. by Act 13 of 2013, s. 8, for section 370 (w.e.f. 3-2-2013).
84
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.
370A. 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
or deals in slaves, shall be punished with 1
[imprisonment for life], or with imprisonment of either
description for a term not exceeding ten years, and shall also be liable to fine.
372. Selling minor for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise
disposes of any 2
[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.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life”.
2. Subs. by Act 18 of 1924, s. 2, for certain words.
85
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 quasimarital
relation.]
373. Buying minor for purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains
possession of any 2
[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.
Explanation II.—“Illicit intercourse” has the same meaning as in section 372.]
374. Unlawful compulsory labour.—Whoever unlawfully compels any person to labour against the
will of that person, shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
4
[Sexual offences
5
[375. Rape.—A man is said to commit “rape” if he—
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or
makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the
urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina,
urethra, anus or any part of body of such woman or makes her to do so with him or any other person;
or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or
any other person,
under the circumstances falling under any of the following seven descriptions:—
First.—Against her will.
Secondly.—Without her consent.
Thirdly.—With her consent, when her consent has been obtained by putting her or any person in
whom she is interested, in fear of death or of hurt.
Fourthly.—With her consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom she is or believes herself to be
lawfully married.
1. Added by Act 18 of 1924, s. 3
2. Subs. by s. 2, ibid., for certain words.
3. Added by s. 4, ibid.
4. Subs. by Act 43 of 1983, s. 3, for the heading “Of rape” and ss. 375 and 376.
5. Subs. by Act 13 of 2013, s. 9, for sections 375, 376, 376A, 376B, 376C and 376D (w.e.f. 03-02-2013).
86
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.
Exception 1.—A medical procedure or intervention shall not constitute rape.
Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under
fifteen years of age, is not rape.
376. Punishment for rape.—(1) Whoever, except in the cases provided for in sub-section (2),
commits rape, shall be punished with rigorous imprisonment of either description for a term which shall
not be less than seven 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
(i) commits rape on a woman when she is under sixteen years of age; or
(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
(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
87
(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.
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.
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
(a) to (d) of section 375.
376C. 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.
Explanation 2.—For the purposes of this section, Explanation 1 to section 375 shall also be
applicable.
Explanation 3.—“Superintendent”, in relation to a jail, remand home or other place of custody or
a women's or children's institution, includes a person holding any other office in such jail, remand
88
home, place or institution by virtue of which such person can exercise any authority or control over
its inmates.
Explanation 4.—The expressions “hospital” and “women's or children's institution” shall
respectively have the same meaning as in Explanation to sub-section (2) of section 376.
376D. 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.
376E. Punishment for repeat offenders.—Whoever has been previously convicted of an offence
punishable under section 376 or section 376A or section 376D 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
with any man, woman or animal, shall be punished with 1
[imprisonment for life], or with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.—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.
Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the
subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2.—A moving effected by the same act which effects the severance may be a theft.
Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented
it from moving or by separating it from any other thing, as well as by actually moving it.
Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal,
and to move everything which, in consequence of the motion so caused, is moved by that animal.
Explanation 5.—The consent mentioned in the definition may be express or implied, and may be
given either by the person in possession, or by any person having for that purpose authority either express
or implied.
Illustrations
(a) A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out of Z's possession without Z's
consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow it. Here, if A's intention be dishonestly to take the
dog out of Z's possession without Z's consent, A has committed theft as soon as Z's dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may
dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
89
(d) A being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate, without Z's
consent. A has committed theft.
(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a
goldsmith and sells it. Here the plate was not in Z's possession. It could not therefore be taken out of Z's possession, and A has
not committed theft, though he may have committed criminal breach of trust.
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession, and if A
dishonestly removes it, A commits theft.
(g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he
may commit criminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z's house. Not venturing to misappropriate the ring immediately for fear
of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the
intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the
ring, commits theft.
(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for
which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z's hand,
and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, 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. Here A takes dishonestly; A has therefor committed theft.
(m) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express
consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived
that he had Z's implied consent to use Z's book. If this was A's impression, A has not committed theft.
(n) A asks charity from Z's wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it
is probable that A may conceive that Z's wife is authorised to give away alms. If this was A's impression, A has not committed
theft.
(o) A is the paramour of Z's wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such
property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft.
(p) A, in good faith, believing property belonging to Z to be A's own property, takes that property out of B's possession.
Here, as A does not take dishonestly, he does not commit theft.
379. Punishment for theft.—Whoever commits theft shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.
380. Theft in dwelling house, etc.—Whoever commits theft in any building, tent or vessel, which
building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
381. Theft by clerk or servant of property in possession of master.—Whoever, being a clerk or
servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property
in the possession of his master or employer, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
382. Theft after preparation made for causing death, hurt or restraint in order to the
committing of the theft.—Whoever commits theft, having made preparation for causing death, or hurt,
or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such
theft, or in order to the effecting of his escape after the committing of such theft, or in order to the
retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.
Illustrations
(a) A commits theft on property in Z's possession; and while committing this theft, he has a loaded pistol under his garment,
having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this
section.
90
(b) A picks Z's pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should
perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.
Of Extortion
383. Extortion.—Whoever intentionally puts any person in fear of any injury to that person, or to any
other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or
valuable security or anything signed or sealed which may be converted into a valuable security, commits
“extortion”.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money.
A has committed extortion.
(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A a promissory note
binding Z to pay certain monies to A. Z sings and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B a bond binding Z under a penalty
to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to
A. Z sings and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed
extortion.
384. Punishment for extortion.—Whoever commits extortion shall be punished with imprisonment
of either description for a term which may extend to three years, or with fine, or with both.
385. Putting person in fear of injury in order to commit extortion.—Whoever, in order to the
committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall
be punished with imprisonment of either description for a term which may extend to two years, or with
fine, or with both.
386. 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.
387. Putting person in fear of death or of grievous hurt, in order to commit extortion.—
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of
grievous hurt to that person or to any other, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
388. Extortion by threat of accusation of an offence punishable with death or imprisonment for
life, etc.—Whoever commits extortion by putting any person in fear of an accusation against that person
or any other, of having committed or attempted to commit any offence punishable with death, or with
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
offence be one punishable under section 377 of this Code, may be punished with 1
[imprisonment for life].
389. 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
or with 1
[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].
Of Robbery and Dacoity
390. Robbery.—In all robbery there is either theft or extortion.
When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in
committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
91
offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful
restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery.—Extortion is “robbery” if the offender, at the time of committing the
extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in
fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person,
and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation.—The offender is said to be present if he is sufficiently near to put the other person in
fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here A has
committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore
committed robbery.
(b) A meets Z on the high road, shows a pistol, and demands Z's purse. Z, in consequence, surrenders his purse. Here A has
extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence.
A has therefore committed robbery.
(c) A meets Z and Z's child on the high road. A takes the child, and threatens to filing it down a precipice, unless Z delivers
his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to
the child who is there present. A has therefore committed robbery on Z.
(d) A obtains property from Z by saying “Your child is in the hands of my gang, and will be put to death unless you send us
ten thousand rupees”. This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of
his child.
391. Dacoity.—When five or more persons conjointly commit or attempt to commit a robbery, or
where the whole number of persons conjointly committing or attempting to commit a robbery, and
persons present and aiding such commission or attempt, amount to five or more, every person so
committing, attempting or aiding, is said to commit “dacoity”.
392. Punishment for robbery.—Whoever commits robbery shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery
be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen
years.
393. Attempt to commit robbery.—Whoever attempts to commit robbery shall be punished with
rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
394. Voluntarily causing hurt in committing robbery.—If any person, in committing or in
attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly
concerned in committing or attempting to commit such robbery, shall be punished with 1
[imprisonment
for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable
to fine.
395. Punishment for dacoity.—Whoever commits dacoity shall be punished with 1
[imprisonment for
life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to
fine.
396. Dacoity with murder.—If any one of five or more persons, who are conjointly committing
dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with
death, or 1
[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years,
and shall also be liable to fine.
397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—If, at the time of
committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any
person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such
offender shall be punished shall not be less than seven years.
398. Attempt to commit robbery or dacoitywhen armed with deadly weapon.—If, at the time of
attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the
imprisonment with which such offender shall be punished shall not be less than seven years.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
92
399. Making preparation to commit dacoity.—Whoever makes any preparation for committing
dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall
also be liable to fine.
400. Punishment for belonging to gang of dacoits.—Whoever, at any time after the passing of this
Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall
be punished with 1
[imprisonment for life], or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine.
401. Punishment for belonging to gang of thieves.—Whoever, at any time after the passing of this
Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually
committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous
imprisonment for a term which may extend to seven years, and shall also be liable to fine.
402. Assembling for purpose of committing dacoity.—Whoever, at any time after the passing of
this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be
punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
Of Criminal Misappropriation of Property
403. Dishonest misappropriation of property.—Whoever dishonestly misappropriates or converts
to his own use any movable property, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Illustrations
(a) A takes property belonging to Z out of Z's possession, in good faith believing at the time when he takes it, that the
property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property
to his own use, he is guilty of an offence under this section.
(b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express
consent. Here, if A was under the impression that he had Z's implied consent to take the book for the purpose of reading it, A has
not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.
(c) A and B, being, joint owners of a horse, A takes the horse out of B's possession, intending to use it. Here, as A has a right
to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his
own use, he is guilty of an offence under this section.
Explanation 1.—A dishonest misappropriation for a time only is a misappropriation with the meaning
of this section.
Illustration
A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z,
pledges it with a banker as a security or a loan, intending at a future time to restore it to Z. A has committed an offence under this
section.
Explanation 2.—A person who finds property not in the possession of any other person, and takes
such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or
misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined,
if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before
he has used reasonable means to discover and give notice to the owner and has kept the property a
reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular
person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his
own property, or in good faith believe that the real owner cannot be found.
Illustrations
(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not
committed the offence defined in this section.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
93
(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the
note belongs. He appropriates the note. He is guilty of an offence under this section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of
the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque
was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards
appropriates it to his own use. A has committed an offence under this section.
(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and
appropriates it to his own use. A is guilty of an offence under this section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the
owner. A is guilty of an offence under this section.
404. Dishonest misappropriation of property possessed by deceased person at the time of his
death.—Whoever dishonestly misappropriates or converts to his own use property, knowing that such
property was in the possession of a deceased person at the time of that person's decease, and has not since
been in the possession of any person legally entitled to such possession, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine, and if the offender at the time of such person's decease was employed by him as a clerk or servant,
the imprisonment may extend to seven years.
Illustration
Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person
entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.
Of Criminal Breach of Trust
405. Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any
dominion over property, dishonestly misappropriates or converts to his own use that property, or
dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in
which such trust is to be discharged, or of any legal contract, express or implied, which he has made
touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal
breach of trust”.
1
[
2
[Explanation 1].—A person, being an employer 3
[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. A has committed criminal breach of trust.
(b) A is a warehouse-keeper. Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on
payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.
1. Ins. by Act 40 of 1973, s. 9 (w.e.f. 1-11-1973).
2. Explanation numbered as Explanation 1 by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975).
3. Ins. by Act 33 of 1988, s. 27 (w.e.f. 1-8-1988).
4. Ins. by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975).
94
(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all
sums remitted by Z to A shall be invested by A, according to Z's direction. Z remits a lakh of rupees to A, with directions to A to
invest the same in Company's paper. A dishonestly disobeys the directions and employs the money in his own business. A has
committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z's advantage to hold
shares in the Bank of Bengal, disobeys Z's directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company's
paper, here, 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 dishonestly appropriates the
money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property.
A has committed criminal breach of trust.
406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be
punished with imprisonment of either description for a term which may extend to three years, or with
fine, or with both.
407. Criminal breach of trust by carrier, etc.—Whoever, being entrusted with property as a carrier,
wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be
punished with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
408. Criminal breach of trust by clerk or servant.—Whoever, being a clerk or servant or employed
as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any
dominion over property, commits criminal breach of trust in respect of that property, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
409. Criminal breach of trust by public servant, or by banker, merchant or agent.—Whoever,
being in any manner entrusted with property, or with any dominion over property in his capacity of a
public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent,
commits criminal breach of trust in respect of that property, shall be punished with 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.
Of the Receiving of Stolen Property
410. Stolen property.—Property, the possession whereof has been transferred by theft, or by
extortion, or by robbery, and property which has been criminally misappropriated or in respect of which
2
*** 3
***criminal breach of trust has been committed, is designated as “stolen property”,
4
[whether the
transfer has been made, or the misappropriation or breach of trust has been committed, within or without
5
[India]]. But, if such property subsequently comes into the possession of a person legally entitled to the
possession thereof, it then ceases to be stolen property.
411. Dishonestly receiving stolen property.—Whoever dishonestly receives or retains any stolen
property, knowing or having reason to believe the same to be stolen property, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both.
412. Dishonestly receiving property stolen in the commission of a dacoity.—Whoever dishonestly
receives or retains any stolen property, the possession whereof he knows or has reason to believe to have
been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or
has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has
reason to believe to have been stolen, shall be punished with 1
[imprisonment for life], or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. The word “the” rep by Act 12 of 1891, s. 2 and the First Sch.
3. The words “offence of” rep by Act 8 of 1882, s. 9.
4. Ins. by s. 9, ibid.
5. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
95
413. Habitually dealing in stolen property.—Whoever habitually receives or deals in property
which he knows or has reason to believe to be stolen property, shall be punished with 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.
414. Assisting in concealment of stolen property.—Whoever voluntarily assists in concealing or
disposing of or making away with property which he knows or has reason to believe to be stolen property,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine, or with both.
Of Cheating
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person
so deceived to deliver any property to any person, or to consent that any person shall retain any property,
or intentionally induces the person so deceived to do or omit to do anything which he would not do or
omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to
that person in body, mind, reputation or property, is said to “cheat”.
Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.
Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him
have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain
celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the article corresponds with
the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that
the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to
pay for it. A cheats.
(e) A, by pledging as diamond articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly
induces Z to lend money. A cheats.
(f) A Intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly
induces Z to lend him money, A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not
intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the
time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he
does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not
performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or
mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or
mortgage money from Z. A cheats.
416. Cheating by personation.—A person is said to “cheat by personation” if he cheats by
pretending to be some other person, or by knowingly substituting one person for or another, or
representing that he or any other person is a person other than he or such other person really is.
Explanation.—The offence is committed whether the individual personated is a real or imaginary
person.
Illustrations
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
96
417. Punishment for cheating.—Whoever cheats shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both.
418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is
bound to protect.—Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss
to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or
by a legal contract, to protect, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
419. Punishment for cheating by personation.—Whoever cheats by personation shall be punished
with imprisonment of either description for a term which may extend to three years, or with fine, or with
both.
420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby
dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy
the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable
of being converted into a valuable security, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
Of Fraudulent Deeds and Dispositions of Property
421. Dishonest or fraudulent removal or concealment of property to prevent distribution among
creditors.—Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or 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.
422. Dishonestly or fraudulently preventing debt being available for creditors.—Whoever
dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being
made available according to law for payment of his debts or the debts of such other person, shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
423. Dishonest or fraudulent execution of deed of transfer containing false statement of
consideration.—Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or
instrument which purports to transfer or subject to any charge any property, or any interest therein, and
which contains any false statement relating to the consideration for such transfer or charge, or relating to
the person or persons for whose use or benefit it is really intended to operate, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
424. Dishonest or fraudulent removal or concealment of property.—Whoever dishonestly or
fraudulently conceals or removes any property of himself or any other person, or dishonestly or
fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to
which he is entitled, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Of Mischief
425. Mischief.—Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or
damage to the public or to any person, causes the destruction of any property, or any such change in any
property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously,
commits “mischief”.
Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause
loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or
knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether
it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging to the person
who commits the act, or to that person and others jointly.
97
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. A
has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has
committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to
Z's crop. A has committed mischief.
426. Punishment for mischief.—Whoever commits mischief shall be punished with imprisonment of
either description for a term which may extend to three months, or with fine, or with both.
427. Mischief causing damage to the amount of fifty rupees.—Whoever commits mischief and
thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
428. Mischief by killing or maiming animal of the value of ten rupees.—Whoever commits
mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of the ten
rupees or upwards, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty
rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant,
camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of
the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both.
430. Mischief by injury to works of irrigation or by wrongfully diverting water.—Whoever
commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution
of the supply of water for agricultural purposes, or for food or drink for human beings or for animals
which are property, or for cleanliness or for carrying on any manufacture, shall be punished with
imprisonment of either description for a term which may extend to five years, or with fine, or with both.
431. Mischief by injury to public road, bridge, river or channel.—Whoever commits mischief by
doing any act which renders or which he knows to be likely to render any public road, bridge, navigable
river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying
property, shall be punished with imprisonment of either description for a term which may extend to five
years, or with fine, or with both.
432. Mischief by causing inundation or obstruction to public drainage attended with damage.—
Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an
inundation or an obstruction to any public drainage attended with injury or damage, shall be punished
with imprisonment of either description for a term which may extend to five years, or with fine, or with
both.
433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark.—
Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or
any sea- mark or buoy or other thing placed as a guide for navigators, or by any act which renders any
such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators,
shall be punished with imprisonment of either description for a term which may extend to seven years, or
with fine, or with both.
98
434. 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.
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.—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
any property to the amount of one hundred rupees or upwards 1
[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.
436. 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
human dwelling or as a place for the custody of property, 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.
437. 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.
438. 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
as is described in the last preceding section, 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.
439. 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.
440. Mischief committed after preparation made for causing death or hurt.—Whoever commits
mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear
of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for
a term which may extend to five years, and shall also be liable to fine.
Of Criminal Trespass
441. Criminal trespass.—Whoever enters into or upon property in the possession of another with
intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to
intimidate, insult or annoy any such person, or with intent to commit an offence,
is said to commit “criminal trespass”.
442. House-trespass.—Whoever commits criminal trespass by entering into or remaining in any
building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a
place for the custody of property, is said to commit “house-trespass”.
Explanation.—The introduction of any part of the criminal trespasser's body is entering sufficient to
constitute house-trespass.
1. Ins. by Act 8 of 1882, s. 10
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation forlife” (w.e.f. 1-1-1956).
99
443. 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”.
444. Lurking house-trespass by night.—Whoever commits lurking house-trespass after sunset and
before sunrise, is said to commit “lurking house-trespass by night”.
445. 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 housetrespass,
in order to the committing of the house-trespass.
Secondly.—If he enters or quits through any passage not intended by any person, other than himself
or an abettor of the offence, for human entrance; or through any passage to which he has obtained access
by scaling or climbing over any wall or building.
Thirdly.—If he enters or quits through any passage which he or any abettor of the house-trespass has
opened, in order to the committing of the house-trespass by any means by which that passage was not
intended by the occupier of the house to be opened.
Fourthly.—If he enters or quits by opening any lock in order to the committing of the house-trespass,
or in order to the quitting of the house after a house-trespass.
Fifthly.—If he effects his entrance or departure by using criminal force or committing an assault, or
by threatening any person with assault.
Sixthly.—If he enters or quits by any passage which he knows to have been fastened against such
entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation.—Any out-house or building occupied with a house, and between which and such house
there is an immediate internal communication, is part of the house within the meaning of this section.
Illustrations
(a) A commits house-trespass by making a hole through the wall of Z's house, and putting his hand through the aperture.
This is house- breaking.
(b) A commits house-trespass by creeping into a ship at a port- hole between decks. This is house-breaking.
(c) A commits house-trespass by entering Z's house through a window. This is house-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. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the
house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house, having deterred Z
from opposing him by threatening to beat him. This is house-breaking.
446. House-breaking by night.—Whoever commits house-breaking after sunset and before sunrise,
is said to commit “house-breaking by night”.
447. Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished
with imprisonment of either description for a term which may extend to three months, or with fine which
may extend to five hundred rupees, or with both.
448. Punishment for house-trespass.—Whoever commits house-trespass 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.
100
449. 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.
450. 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.
451. 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.
452. 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.
453. Punishment for lurking house-trespass or house-breaking.—Whoever commits lurking
house-trespass or house-breaking, shall be punished with imprisonment of either description for a term
which may extend to two years, and shall also be liable to fine.
454. 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.
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful
restraint.—Whoever commits lurking house-trespass, or house-breaking, having made preparation for
causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for
putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with
imprisonment of either description or a term which may extend to ten years, and shall also be liable to
fine.
456. Punishment for lurking house-trespass or house-breaking by night.—Whoever commits
lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.
457. 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.
458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or
wrongful restraint.—Whoever commits lurking house-trespass by night, or house-breaking by night,
having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully
restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint,
shall be punished with imprisonment of either description for a term which may extend to fourteen years,
and shall also be liable to fine.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
101
459. 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
or attempts to cause death or grievous hurt to any person, shall be punished with 1
[imprisonment for life],
or imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
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.—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.
461. 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.
462. 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
OF OFFENCES RELATING TO DOCUMENTSAND TO2
*** PROPERTY MARKS
463. Forgery.—3
[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.
464. Making a false document.—3
[A person is said to make a false document or false electronic
record—
First.—Who dishonestly or fraudulently—
(a) makes, signs, seals or executes a document or part of a document;
(b) makes or transmits any electronic record or part of any electronic record;
(c) affixes any 4
[electronic signature] on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of the
4
[electronic signature],
with the intention of causing it to be believed that such document or part of document, electronic
record or 4
[electronic signature] was made, signed, sealed, executed, transmitted or affixed by or by the
authority of a person by whom or by whose authority he knows that it was not made, singed, sealed,
executed or affixed; or
Secondly.—Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise,
alters a document or an electronic record in any material part thereof, after it has been made, executed or
affixed with 4
[electronic signature] either by himself or by any other person, whether such person be
living or dead at the time of such alteration; or
Thirdly.—Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a
document or an electronic record or to affix his 4
[electronic signature] on any electronic record knowing
that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. The words “TRADE OR” omitted by Act 43 of 1958, s. 135 and Sch. (w.e.f. 25-11-1959).
3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
4. Subs. by Act 10 of 2009, s. 51, for “digital signature” (w.e.f. 27-10-2009).
102
practised upon him, he does not know the contents of the document or electronic record or the nature of
the alteration.]
Illustrations
(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and
makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.
(b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the
intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery.
(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque.
A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.
(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill
up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently
fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B's authority, intending to discount it as a genuine bill
with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by
leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.
(f) Z's will contains these words—“I direct that all my remaining property be equally divided between A, B and C.” A
dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C. A has committed
forgery.
(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay
to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the
special endorsement into a blank endorsement. B commits forgery.
(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same
estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the
estate to B before he conveyed it to Z. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down a different legatee named by Z, and by representing to Z that he has
prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.
(j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of good character and in
distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons.
Here, as A made a false document in order to induce Z to part with property, A has committed forgery.
(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 inasmuch as he intended to deceive Z by the forged certificate, and thereby to
induce Z to enter into an express or implied contract for service.
Explanation 1.—A man’s signature of his own name may amount to forgery.
Illustrations
(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person
of the same name. A has committed forgery.
(b) A writes the word “accepted” on a piece of paper and signs it with Z's name, in order that B may afterwards write on the
paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery;
and if B, knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty of forgery.
(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own
name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed
forgery.
(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z,
executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with
intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in
his own name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to defraud his creditors;
and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received,
and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has
committed forgery under the first head of the definition.
Explanation 2.—The making of a false document in the name of a fictious person, intending it to be
believed that the document was made by a real person, or in the name of a deceased person, intending it to
be believed that the document was made by the person in his lifetime, may amount to forgery.
103
Illustration
A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with
intent to negotiate it. A commits forgery.
1
[Explanation 3.—For the purposes of this section, the expression “affixing 2
[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.
466. Forgery of record of Court or of public register, etc.—3
[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
delivery of any movable property or valuable security, shall be punished with 4
[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.
468. Forgery for purpose of cheating.—Whoever commits forgery, intending that the 3
[document or
electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to fine.
469. Forgery for purpose of harming reputation.—Whoever commits forgery, 3
[intending that the
document or electronic record forged] shall harm the reputation of any party, or knowing that it is likely
to be used for that purpose, shall be punished with imprisonment of either description for a term which
may extend to three years, and shall also be liable to fine.
470. Forged document.—A false 5
[document or electronic record] made wholly or in part by forgery
is designated “a forged 5
[document or electronic record]”.
471. Using as genuine a forged document or electronic record.—Whoever fraudulently or
dishonestly uses as genuine any 5
[document or electronic record] which he knows or has reason to believe
to be a forged 5
[document or electronic record], shall be punished in the same manner as if he had forged
such 5
[document or electronic record].
472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under
section 467.—Whoever makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing any forgery which would
be punishable under section 467 of this Code, 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 4
[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.
1. Ins. by Act 21 of 2000, s. 91 and the First Sch. (w.e.f. 17-10-2000).
2. Subs. by Act 10 of 2009, s. 51, for “digital signature” (w.e.f. 27-10-2009).
3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
4. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
5. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “document” (w.e.f. 17-10-2000).
104
473. 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.
474. Having possession of document described in section 466 or 467, knowing it to be forged and
intending to use it genuine.—1
[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
467, 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.
475. 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
device or mark has been counterfeited, 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.
476. Counterfeiting device or mark used for authenticating documents other than those
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 3
[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.
477. 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.
4
[477A. 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,
mutilates or falsifies any 5
[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
omits or alters or abets the omission or alteration of any material particular from or in. any such 5
[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.
1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “any document” (w.e.f. 17-10-2000).
4. Added by Act 3 of 1895, s. 4.
5. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “book, paper, writing” (w.e.f. 17-10-2000).
105
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
[Of 2
***Property and Other Marks
478. [Trade Mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and
Sch. (w. e. f. 25-11-1959).
479. 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.
135and Sch. (w.e.f. 25- 11-1959).
481. 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.
482. Punishment for using a false property mark.—Whoever uses 3
***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.
483. Counterfeiting a property mark used by another.—Whoever counterfeits any 4
***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.
484. Counterfeiting a mark used by a public servant.—Whoever counterfeits any property mark
used by a public servant, or any mark used by a public servant to denote that any property has been
manufactured by a particular person or at a particular time or place, or that the property is of a particular
quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine
any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable to fine.
5
[485. Making or possession of any instrument for counterfeiting a property mark.—Whoever
makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a
property mark, or has in his possession a property mark for the purpose of denoting that any goods belong
to a person to whom they do not belong, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.]
486. Selling goods marked with a counterfeit property mark.—6
[Whoever sells, or exposes, or has
has in possession for sale, any goods or things with a counterfeit property mark] affixed to or impressed
upon the same or to or upon any case, package or other receptacle in which such goods are contained,
shall, unless he proves
(a) that, having taken all reasonable precautions against committing an offence against this section, he
had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark,
and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power
with respect to the persons from whom he obtained such goods or things, or
(c) that otherwise he had acted innocently,
1. Subs. by Act 4 of 1889, s. 3, for the original heading and ss. 478 to 489.
2. The word “Trade” omitted by Act 43 of 1958, s. 135 and the Sch. (w.e.f. 25-11-1959).
3. The words “any false trade mark or” omitted by s. 135 and the Sch., ibid. (w.e.f. 25-11-1959).
4. The words “trade mark or” omitted by s. 135 and the Sch., ibid. (w.e.f. 25-11-1959).
5. Subs. by s. 135 and the Sch., ibid., for s. 485 (w.e.f. 25-11-1959).
6. Subs. by s. 135 and the Sch., ibid., for certain words (w.e.f. 25-11-1959).
106
be punished with imprisonment of either description for a term which may extend to one year, or with
fine, or with both.
487. 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.
488. Punishment for making use of any such false mark.—Whoever makes use of any such false
mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without
intent to defraud, be punished as if he had committed an offence against that section.
489. 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.
Explanation.—For the purposes of this section and of sections 489B, 3
[489C, 489D and 489E], the
expression “bank-note” means a promissory note or engagement for the payment of money to bearer on
demand issued by any person carrying on the business of banking in any part of the world, or issued by or
under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a
substitute for money.
489B. 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
counterfeit, 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.
489C. 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.
489D. Making or possessing instruments or materials for forging or counterfeiting currency
notes or bank-notes.—Whoever makes, or performs any part of the process of making, or buys or sells
or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being
used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting
any 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.]
4
[489E. Making or using documents resembling currency-notes or bank-notes.—(1) Whoever
makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document
purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any
currency-note or bank-note shall be punished with fine which may extend to one hundred rupees.
1. Added by Act 12 of 1899, s. 2.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. Subs. by Act 35 of 1950, s. 3 and the Second Sch., for “489C and 489D”.
4. Ins. by Act 6 of 1943, s. 2.
107
(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. 2 and Sch.
491. 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. 2 and Sch.
CHAPTER XX
OFOFFENCES RELATINGTO MARRIAGE
493. 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.
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife
living, marries in any case in which such marriage is void by reason of its taking place during the life of
such husband or wife, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Exception.—This 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.
495. 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.
496. Marriage ceremony fraudulently gone through without lawful marriage.—Whoever,
dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he
is not thereby lawfully married, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
108
497. 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. In such case the wife shall not be punishable as an abettor.
498. 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.
1
[CHAPTER XXA
OF CRUELTY BY HUSBANDOR RELATIVESOF HUSBAND
498A. 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.
Explanation 2.—It may amount to defamation to make an imputation concerning a company or an
association or collection of persons as such.
Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to
defamation.
Explanation 4.—No imputation is said to harm a person's reputation, unless that imputation directly
or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or
lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally
considered as disgraceful.
Illustrations
(a) A says— “Z is an honest man; he never stole B's watch”; intending to cause it to be believed that Z did steal B's watch.
This is defamation, unless it fall within one of the exceptions.
(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is
defamation, unless it fall within one of the exceptions.
1. Ins. by Act 46 of 1983, s. 2.
109
(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is
defamation, unless it fall within one of the exceptions.
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. Whether or not it is for the public good is a question of fact.
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.
Fourth Exception.—Publication of reports of proceedings of courts.—It is not defamation to
publish substantially true report of the proceedings of a Court of Justice, or of the result of any such
proceedings.
Explanation.—A Justice of the Peace or other officer holding an enquiry in open Court preliminary to
a trial in a Court of Justice, is a Court within the meaning of the above section.
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.
Illustrations
(a) A says—“I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest.” A is within this
exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z's character as it appears in Z's
conduct as a witness, and no farther.
(b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not
within this exception, inasmuch as the opinion which express of Z's character, is an opinion not founded on Z's conduct as a
witness.
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.
Explanation.—A performance may be submitted to the judgment of the public expressly or by acts on
the part of the author which imply such submission to the judgment of the public.
Illustrations
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.
(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man
of impure mind.” A is within the exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z
respects Z's character only so far as it appears in Z's book, and no further.
(e) But if A says “I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine.” A is not
within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book.
Seventh Exception.—Censure passed in good faith by person having lawful authority over
another.—It is not defamation in a person having over another any authority, either conferred by law or
110
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. Here, if the
imputation is made in good faith, and for the public good, A is within the exception.
Tenth Exception.—Caution intended for good of person to whom conveyed or for public good.—
It is not defamation to convey a caution, in good faith, to one person against another, provided that such
caution be intended for the good of the person to whom it is conveyed, or of some person in whom that
person is interested, or for the public good.
500. Punishment for defamation.—Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or with both.
501. Printing or engraving matter known to be defamatory.—Whoever prints or engraves any
matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be
punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
502. Sale of printed or engraved substance containing defamatory matter.—Whoever sells or
offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains
such matter, shall be punished with simple imprisonment for a term which may extend to two years, or
with fine, or with both.
CHAPTER XXII
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
503. Criminal intimidation.—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
alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit
to do any act which that person is legally entitled to do, as the means of avoiding the execution of such
threat, commits criminal intimidation.
Explanation.—A threat to injure the reputation of any deceased person in whom the person threatened
is interested, is within this section.
Illustration
A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal
intimidation.
111
504. 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.
1
[505. Statements conducing to public mischief.—2
[(1)] Whoever makes, publishes or circulates
any statement, rumour or report,—
(a) with intent to cause, or which is likely to cause, any officer, soldier, 3
[sailor or airman] in the
Army, 4
[Navy or Air Force] 5
[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,
shall be punished with imprisonment which may extend to 6
[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 illwill
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
believing that such statement, rumour or report is true and makes, publishes or circulates it 2
[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.
507. 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.
1. Subs. by Act 4 of 1898, s. 6, for s. 505.
2. Section 505 re-numbered as sub-section (1) of that section by Act 35 of 1969, s. 3.
3. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
4. Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
5. Subs. by the A. O. 1950, for “of Her Majesty or in the Imperial Service Troops” The words “or in the Royal Indian Marine”
occurring after the word “Majesty” omitted by Act 35 of 1934, s. 2 and Sch.
6. Subs. by Act 41 of 1961, s. 4, for “two years”.
7. Ins. by Act 35 of 1969, s. 3.
8. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
112
508. 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.
509. 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
woman, or intrudes upon the privacy of such woman, 1
[shall be punished with simple imprisonment for a
term which may extend to three years, and also with fine].
510. 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.
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
511. Punishment for attempting to commit offences punishable with imprisonment for life or
other imprisonment.—Whoever attempts to commit an offence punishable by this Code with
2
[imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such
attempt does any act towards the commission of the offence, shall, where no express provision is made by
this Code for the punishment of such attempt, be punished with 3
[imprisonment of any description
provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the
case may be, one- half of the longest term of imprisonment provided for that offence], or with such fine as
is provided for the offence, or with both.
Illustrations
(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no
jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in consequence of
Z's having nothing in his pocket. A is guilty under this section.
1. Subs. by Act 13 of 2013, s. 10, for “shall be punished with simple imprisonment for a term which may extend to one year, or
with fine, or with both” (w.e.f. 3-2-2013).
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
3. Subs. by s. 117 and the Sch., ibid., for certain words (w.e.f. 1-1-1956).