What are the laws for protection against Domestic Violence?

Women in India which has a patriarchal society have been facing a lot of violence at their homes, particularly, in matrimonial site. Taking the cognizance of the domestic violence, the parliament of India passed section 498A in 1983. This was for the first time domestic violence was recognized as a specific criminal offence. This section deals with cruelty by a husband or his family towards a married woman.

Now, under IPC section 498A, you have protection from four types of cruelties:

  • conduct that is likely to drive a woman to suicide,
  • conduct which is likely to cause grave injury to the life, limb or health of the woman,
  • harassment with the purpose of forcing the woman or her relatives to give some property, or
  • Harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.

Dowry-related harassment

The law under Section 498A of the Indian Penal Code covers dowry-related harassment as well. If you are being harassed for dowry by in-laws or husband, the provision provides you protection and allows you to go to court to deter this kind of harassment. Though there is specific provision under section 304-B that talks about dowry death; however, you don’t need to wait for that; rather, filing a case under 498A is an apt solution.

When Can You Conclude you is being Facing Cruelty?

You can file a case for cruelty; if,

  • Persistent denial of food,
  • Insisting on perverse sexual conduct,
  • Constantly locking a woman out of the house,
  • Denying the woman access to children, thereby causing mental torture,
  • Physical violence,
  • Taunting, demoralizing and putting down the woman with the intention of causing mental torture,
  • Confining the woman at home and not allowing her normal social intercourse,
  • Abusing children in their mother’s presence with the intention of causing her mental torture,
  • Denying the paternity of the children with the intention of inflicting mental pain upon the mother, and
  • Threatening divorce unless dowry is given.

What are Other Laws that Provide Protection against Domestic Violence?

Apart from 498A, the parliament of India also passed the Protection of Women from Domestic Violence Act 2005 to protect women from domestic violence. The law was brought into force by the Indian government from October 26, 2006 and as of November 2007; it has been ratified by four of twenty-eight state governments in India e.g. Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Odisha.

Protection orders – The DVA gives ample opportunities for both parties to put their evidence and once it is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, passes a protection order in favor of the aggrieved person. The order prohibits the respondent from the following acts:

  • Committing any acts of domestic violence
  • Aiding or abetting in the act of domestic violence
  • Entering the place of employment of aggrieved person or if the person is child, its school or any other places
  • Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
  • Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her stridhan
  • Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
  • Committing any other acts specified by the protection officer

Residence orders – Under this option, the magistrate after hearing the both parties and after getting convinced that a domestic violence has taken place passes residence order:

  • Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
  • Directing the respondent to remove himself from the shared household
  • Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
  • Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
  • Restraining the respondent from renouncing his right in the shared household
  • Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.

Monetary relief – The third option available for the victim is go to court and ask for monetary relief. The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and child if any. It may include:

  •  Loss of earnings
  • Medical expenses
  • Loss caused due to destruction or removal or damage of any property
  • Pass order as to maintenance for the aggrieved person as well as her children if any

Can an individual be punished twice for the same crime?

No, the constitution of India in Article 20(2) has the principles of “autrefois convict” or Double jeopardy which means that person must not be punished twice for the offence. Thus, you cannot be tried and punished for the same crime twice. The law of the land is that there cannot be second trial for punishing an offence for which he or she has already been prosecuted or convicted earlier.

The word Jeopardy refers to the “danger” of conviction that an accused person is subjected to when one trial for a criminal offence. However, if it happens twice, it becomes double jeopardy and that is what is unconstitutional i.e. if a person is prosecuted or convicted ones cannot be punished again for that criminal act. The person gets the defense of Double Jeopardy if he is tried for the same offence in the court.

Provisions regarding double jeopardy in India

Even before the constitution of India was framed and passed after independence, the Double Jeopardy principle existed in the country in the form of section 26 which states that provision as to offences punishable under two or more enactments where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted or punished under either or any of those enactments. However, the law clarified that he shall not be liable to be punished twice for the same offence.

Later on the Constitution of India also incorporated the maxim of Double Jeopardy under Article 20(2) and considered it as one of fundamental rights. As most of the fundamental rights have been borrowed from the US Constitution, the concept of Double Jeopardy also came from them. In the US Constitution the principle of Double Jeopardy was brought in by the Fifth Amendment, which says that “no person shall be twice put in Jeopardy of life or limb.” In similar language, the article 20(2) says that “no person shall be prosecuted or punished for the same offence more than once.”

Case laws on double jeopardy

The first case involving the issue came in 1954 wherein the Supreme Court of India hearing the S.A. Venkataraman vs The Union Of India And Another observed that the scope and meaning of the guarantee implied in Article 20(2) of the Constitution has been indicated with sufficient fullness in the pronouncement of this court in Maqbool Hussain vs the State of Bombay. The judges observed that the roots of the principle, which this clause enacts, are to be found in the well established rule of English law which finds expression in the maxim “Nemo debet bis vexari”-a man must not be put twice in peril for the same offence.

The court cited various cases and laws in practice in the US and the UK to give weight to the provision in India.

Interestingly, in Leo Roy v. Superintendent District Jail the Supreme Court of India held that it has to be marked that the defense of Double Jeopardy under Article 20 (2) will applicable only where punishment is for the same offence and if the offences are distinct the rule of Double Jeopardy will not apply. The court had observed that where a person was prosecuted and punished under sea customs act, but, later on prosecuted under the Indian Penal Code for criminal conspiracy, the second prosecution was not barred by the principle of Double Jeopardy. It was alright for the court to try the accused for the offense as it was not the same offense.

No one may be put in peril twice for the same offence

From the above cases, it is pretty clear that the rule against Double Jeopardy is that no one may be put in peril twice for the same offence. The principle emanates from Natural Justice System for the protection of integrity of the Criminal Justice System wherein the maxim audi altermn partum rule i.e. a person cannot be punished twice for the same offence is kept at higher pedestal. However, there are some restrictions too in the Indian laws related to Double Jeopardy which must be kept in mind.

For instance, in the State of Bombay v. S.L. Apte and another Constitution Bench of the Supreme Court while dealing with the issue of double jeopardy under Article 20(2), had held that to operate as a bar the second prosecution and the consequential punishment there under, must be for “the same offence”. The bench made it clear that the crucial requirement therefore for attracting the Article was that the offences are the same i.e. they should be identical. In situation the two offences are distinct, then notwithstanding that the allegations of facts in the two complaints might be substantially similar, the benefit of the ban cannot be invoked.

Maternity Benefit Act 1961

An Act to regulate the employment of women in certain establishments for certain
period before and after child-birth and to provide for maternity benefit and certain
other benefits. Be it enacted by Parliament in the Twelfth Year of the Republic of
India as follows:-
1. Short title extent and commencement.-(1) This Act may be called the
Maternity Benefit Act, 1961.
(2) It extends to the whole of India [1] [* * *].
(3) It shall come into force on such date [2] as may be notified in this behalf in the
Official Gazette,-
[3] (a) in relation to mines and to any other establishment wherein persons are
employed for the exhibition of equestrian, acrobatic and other performances, by the
Central Government; and]
(b) in relation to other establishments in a State, by the State Government.
2. Application of Act.- [4] [(1) It applies in the first instance,-
(a) to every establishment being a factory, mine or plantation including any such
establishment belonging to Government and to every establishment wherein persons
are employed for the exhibition of equestrian, acrobatic and other performances;
(b) to every shop or establishment within the meaning of any law for the time being
in force in relation to shops and establishments in a State, in which ten or more
persons are employed, or were employed, on any day of the preceding twelve
months:]
Provided that the State Government may, with the approval of the Central
Government, after giving not less than two month’s notice of its intention of so
doing, by notification in the Official Gazette, declare that all or any of the provisions
of this Act shall apply also to any other establishment or class of establishments,
industrial, commercial, agricultural or otherwise.
(2) [5] [Save as otherwise provided in [6] [Sections 5A and 5B] nothing contained in
this Act] shall apply to any factory or other establishment to which the provisions of
the Employees’ State Insurance Act, 1948 (34 of 1948) apply for the time being.
3. Definitions.-In this Act, unless the context otherwise requires,-
(a) “appropriate Government- means, in relation to an establishment being a mine
[7] [or an establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances] the Central Government and in
relation to any other establishment the State Government;
(b) “child- includes a still-born child;
(c) “delivery- means the birth of a child;
(d) “employer- means-
(i) in relation to an establishment which is under the control of the Government a
person or authority appointed by the Government for the supervision and control of
employees or where no person or authority is so appointed, the head of the
department;
(ii) in relation to an establishment under any local authority, the person appointed by
such authority for the supervision and control of employees or where no person is so
appointed, the chief executive officer of the local authority;
(iii) in any other case, the person who, or the authority which, has the ultimate
control over the affairs of the establishment and where the said affairs and entrusted
to any other person whether called a manager, managing director, managing agent,
or by any other name, such person;
[8] [(e) establishment- means-
(i) a factory;
(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for the exhibition of equestrian,
acrobatic and other performance; [9] [***]
[10] [(iva) a shop or establishment; or]
(v) an establishment to which the provisions of this Act have been declared under
sub-section (1) of Section 2 to be applicable;]
(f) “factory- means a factory as defined in clause (m) of Section 2 of the Factories
Act 1948 (63 of 1948);
(g) “Inspector- means an Inspector appointed under Section 14;
(h) “maternity benefit- means the payment referred to in sub-section (1) of Section
5;
[11] [(ha) “medical termination of pregnancy- means the termination of pregnancy
permissible under the provisions of Medical Termination of Pregnancy Act, 1971];
(i) “mine- means a mine as defined in clause (j) of Section (2) of the Mines Act,
1952 (35 of 1952);
(j) “miscarriage- means expulsion of the contents of a pregnant uterus at any period
prior to or during the twenty-sixth week of pregnancy but does not include any
miscarriage, the causing of which is punishable under the Indian Penal Code (45 of
1860);
(k) “plantation- means a plantation as defined in clause (f) of Section 2 of the
Plantations Labour Act, 1951 (69 of 1951);
(l) “prescribed- means prescribed by rules made under this Act;
(m) “State Government-, in relation to a Union territory, means the Administrator
thereof;
(n) “wages- means all remuneration paid or payable in cash to a woman, if the terms
of the contract of employment, express or implied, were fulfilled and includes-
(1) such cash allowances (including dearness allowance and house rent allowance)
as a woman is for the time being entitled to,
(2) incentive bonus, and
(3) the money value of the concessional supply of foodgrains and other articles, but
does not include-
(i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or payment made on account of fines;
(iii) any contribution paid or payable by the employer to any pension fund or
provident fund or for the benefit of the woman under any law for the time being in
force; and
(iv) any gratuity payable on the termination of service;
(o)“woman- means a woman employed, whether directly or through any agency, for
wages in any establishment.
4. Employment of or work by, women prohibited during certain periods.-(1)
No employer shall knowingly employ a woman in any establishment during the six
weeks immediately following the day of her delivery, [12] [miscarriage or medical
termination of pregnancy].
(2) No women shall work in any establishment during the six weeks immediately
following the day of her delivery [13] [miscarriage or medical termination or
pregnancy].
(3) Without prejudice to the provisions of Section 6, no pregnant women shall, on a
request being made by her in this behalf, be required by her employer to do during
the period specified in sub-section (4) any work which is of an arduous nature or
which involves long hours of standing, or which in any way is likely to interfere with
her pregnancy or the normal development of the foetus, or is likely to cause her
miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be-
(a) the period of one months immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman
does not avail of leave of absence under Section 6.
5. Right to payment of maternity benefits.- [14] [(1) Subject to the provisions
of this Act, every woman shall be entitled to, and her employer shall be liable for,
the payment of maternity benefit at the rate of the average daily wage for the period
of her actual absence, that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately following that
day.]
Explanation.-For the purpose of this sub-section, the average daily wage means the
average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from
which she absents herself on account of maternity, [15] [the minimum rate of wage
fixed or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees,
whichever is the highest].
(2) No woman shall be entitled to maternity benefit unless she has actually worked
in an establishment of the employer from whom she claims maternity benefit, for a
period of not less than [16] [eighty days] in the twelve months immediately
preceding the date of her expected delivery:
Provided that the qualifying period of [17] [eighty days] aforesaid shall not apply to
a woman who has immigrated into the State of Assam and was pregnant at the time
of the immigration.
Explanation.-For the purpose of calculating under the sub-section the days on which
a woman has actually worked in the establishment [18] [the days for which she has
been laid off or was on holidays declared under any law for the time being in force to
be holidays with wages] during the period of twelve months immediately preceding
the date of her expected delivery shall be taken into account.
[19] [(3) The maximum period for which any woman shall be entitled to maternity
benefit shall be twelve weeks of which not more than six weeks shall precede the
date of her expected delivery:]
Provided that where a woman dies during this period, the maternity benefit shall be
payable only for the days up to and including the day of her death:
[20] [Provided Further that where a woman, having been delivered of a child, dies
during her delivery or during the period immediately following the date of her
delivery for which she is entitled for the maternity benefit, leaving behind in either
case the child, the employer shall be liable for the maternity benefit for that entire
period but if the child also dies during the said period, then, for the days up to and
including the date of the death of the child.]
[21] [5A. Continuance of payment of maternity benefit in certain cases.-Every
woman entitled to the payment of maternity benefit under this Act shall,
notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of
1948), to the factory or other establishment in which she is employed, continue to
be so entitled until she becomes qualified to claim maternity benefit under Section
50 of that Act.]
[22] [5B. Payment of maternity benefit in certain cases.-Every woman-
(a) who is employed in a factory or other establishment to which the provisions of
the Employees’ State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for over-time work) for a month exceed
the amount specified in sub-clause (b) of clause (9) of Section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of Section 5,
shall be entitled to the payment of maternity benefit under this Act.]
6. Notice of claim for maternity benefit and payment thereof.-(1) Any woman
employed in an establishment and entitled to maternity benefit under the provisions
of this Act may give notice in writing in such form as may be prescribed, to her
employer, stating that her maternity benefit and any other amount to which she may
be entitled under this Act may be paid to her or to such person as she may nominate
in the notice and that she will not work in any establishment during the period for
which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from
which she will be absent from work, not being a date earlier than six weeks from the
date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such
notice as soon as possible after the delivery.
[23] [(4) On receipt of the notice, the employer shall permit such woman to absent
herself from the establishment during the period for which she receives the
maternity benefit.]
(5) The amount of maternity benefit for the period preceding the date of her
expected delivery shall be paid in advance by the employer to the woman on
production of such proof as may be prescribed that the woman is pregnant, and the
amount due for the subsequent period shall be paid by the employer to the woman
within forty-eight hours of production of such proof as may be prescribed that the
woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to
maternity benefit or any other amount under thi7s Act if she is otherwise entitled to
such benefit or amount and in any such case an Inspector may either of his own
motion or on an application made to him by the woman, order the payment of such
benefit or amount within such period as may be specified in the order.
7. Payment of maternity benefit in case of death of a woman.-If a woman
entitled to maternity benefit or any other amount under this Act, dies before
receiving such maternity benefit or amount, or where the employer is liable for
maternity benefit under the second proviso to sub-section (3) of Section 5, the
employer shall pay such benefit or amount to the person nominated by the woman in
the notice given under Section 6 and in case there is no such nominee, to her legal
representative.
8. Payment of medical bonus.-Every woman entitled to maternity benefit under
this Act shall also be entitled to receive from her employer a medical bonus of [24]
[two hundred and fifty rupees], if no pre-natal confinement and post-natal care is
provided for by the employer free of charge.
[25] [9. Leave for miscarriage etc.-In case of miscarriage or medical termination
of pregnancy, a woman shall, on production of such proof as may be prescribed, be
entitled to leave with wages at the rate of maternity benefit, for a period of six
weeks immediately following the day of her miscarriage or, as the case may be, her
medical termination of pregnancy].
[26] [9A. Leave with wages for tubectomy operation.-In case of tubectomy
operation, a woman shall, on production of such proof as may be prescribed, be
entitled to leave with wages at the rate of maternity benefit for a period of two
weeks immediately following the day of her tubectomy operation].
10. Leave for illness arising out of pregnancy, delivery, premature birth of
child, [27] [miscarriage, medical termination of pregnancy or tubectomy
operation].-A woman suffering from illness arising out of pregnancy, delivery,
premature birth of child [28] [miscarriage, medical termination of pregnancy or
tubectomy operation] shall, on production of such proof as may be prescribed, be
entitled, in addition to the period of absence allowed to her under Section 6, or, as
the case may be, under Section 9, to leave with wages at the rate of maternity
benefit for a maximum period of one month.
11. Nursing breaks.-Every woman delivered of a child who returns to duty after
such delivery shall, in addition to the interval for rest allowed to her, be allowed in
the course of her daily work two breaks of the prescribed duration for nursing the
child until the child attains the age of fifteen months.
12. Dismissal during absence of pregnancy.-(1) When a woman absents herself
from work in accordance with the provisions of this Act, it shall be unlawful for her
employer to discharge or dismiss her during or on account of such absence or to give
notice of discharge or dismissal on such a day that the notice will expire during such
absence, or to vary to her disadvantage any of the conditions of her service.
(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if
the woman but for such discharge or dismissal would have been entitled to maternity
benefit or medical bonus referred to in Section 8, shall not have the effect of
depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the
employer may, by order in writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
[29] [(b) Any woman deprived of maternity benefit or medical bonus, or both, or
discharged or dismissed during or on account of her absence from work in
accordance with the provisions of this Act, may, within sixty days from the date on
which order of such deprivation on discharge or dismissal is communicated to her,
appeal to such authority as may be prescribed, and the decision of that authority on
such appeal, whether the woman should or should not be deprived of maternity
benefit or medical bonus, or both, or discharged or dismissed shall be final.]
(c) Nothing contained in this sub-section shall affect the provisions contained in subsection
(1).
13. No deduction of wages in certain cases.-No deduction from the normal and
usual daily wages of a woman entitled to maternity benefit under the provisions of
this Act shall be made by reason only of-
(a) the nature of work assigned to her by virtue of the provisions contained in subsection
(3) of Section 4; or
(b) breaks for nursing the child allowed to her under the provisions of Section 11.
14. Appointment of Inspectors.-The appropriate Government may, by notification
in the Official Gazette, appoint such officers as it thinks fit to be Inspectors for the
purposes of this Act and may define the local limits of the jurisdiction within which
they shall exercise their functions under this Act.
15. Powers and duties of Inspectors.-An Inspector may, subject to such
restrictions or conditions as may be prescribed, exercise all or any of the following
powers, namely:-
(a) enter at all reasonable times with such assistants, if any, being persons in the
service of the Government or any local or other public authority, as he thinks fit, any
premises or place where woman are employed or work is given to them in an
establishment, for the purposes of examining any register, records and notices
required to be kept or exhibited by or under this Act and require their production for
inspection;
(b) examine any person whom he finds in any premises or place and who, he has
reasonable cause to believe, is employed in the establishment:
Provided that no person shall be compelled under this section to answer any question
or give any evidence tending to incriminate himself;
(c) require the employer to give information regarding the names and addresses of
women employed, payments made to them, and applications or notices received
from them under this Act; and
(d) take copies of any registers and records or notices or any portions thereof.
16. Inspectors to be public servants.-Every Inspector appointed under this Act
shall be deemed to be a public servant within the meaning of Section 21 of the
Indian Penal Code (45 of 1860).
17. Power of Inspector to direct payments to be made.- [30] [(1) Any woman
claiming that-
(a) maternity benefit or any other amount to which she is entitled under this Act and
any person claiming that payment due under Section 7 has been improperly
withheld;
(b) her employer has discharged or dismissed her during or on account of her
absence from work in accordance with the provisions of this Act, may make a
complaint to the Inspector.
(2) The Inspector may, of his own motion or on receipt of a complaint referred to in
sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that-
(a) payment has been wrongfully withheld, may direct the payment to be made in
accordance with his orders;
(b) she has been discharged or dismissed during or on account of her absence from
work in accordance with the provisions of this Act, may pass such orders as are just
and proper according to the circumstances of the case.]
(3) Any person aggrieved by the decision of the Inspector under sub-section (2)
may, within thirty days from the date on which such decision is communicated to
such person, appeal to the prescribed authority.
(4) The decision of the prescribed authority where an appeal has been preferred to it
under sub-section (3) or of the Inspector where no such appeal has been preferred
shall be final.
[31] [(5) Any amount payable under this section shall be recoverable by the
Collector on a certificate issued for that amount by the Inspector as an arrear of land
revenue.]
18. Forfeiture of maternity benefit.-If a woman works in any establishment after
she has been permitted by her employer to absent herself under the provisions of
Section 6 for any period during such authorized absence, she shall forfeit her claim
to the maternity benefit for such period.
19. Abstract of Act and rules thereunder to be exhibited.-An abstract of the
provisions of this Act and the rules made thereunder in the language or languages of
the locality shall be exhibited in a conspicuous place by the employer in every part of
the establishment in which women are employed.
20. Registers, etc.-Every employer shall prepare and maintain such registers,
records and muster-rolls and in such manner as may be prescribed.
[32] [21. Penalty for contravention of Act by employer.-(1) If any employer
fails to pay any amount of maternity benefit to a woman entitled under this Act or
discharges or dismisses such woman during or on account of her absence from work
in accordance with the provisions of this Act, he shall be punishable with
imprisonment which shall not be less than three months but which may extend to
one year and with fine which shall not be less than two thousand rupees but which
may extend to five thousand rupees:
Provided that the court may, for sufficient reasons to be recorded in writing, impose
a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made
thereunder, he shall, if no other penalty is elsewhere provided by or under this Act
for such contravention, be punishable with imprisonment which may extend to one
year, or with fine which may extend to five thousand rupees, or with both:
Provided that where the contraventions is of any provision regarding maternity
benefit or regarding payment of any other amount and such maternity benefit or
amount has not already been recovered, the court shall, in addition, recover such
maternity benefit or amount as if it were a fine and pay the same to the person
entitled thereto.]
22. Penalty for obstructing Inspector.-Whoever fails to produce on demand by
the Inspector any register or document in his custody kept in pursuance of this Act
or the rules made thereunder or conceals or prevents any person from appearing
before or being examined by an Inspector shall be punishable with imprisonment
which may extent to [33] [one year, or with fine which may extend to five thousand
rupees], or with both.
[34] [23. Cognizance of offences.-(1) Any aggrieved woman, an office-bearer of
a trade union registered under the Trade Unions Act, 1926 (16 of 1926) of which
such woman is a member or a voluntary organization registered under the Societies
Registration Act, 1860 (21 of 1860) or an Inspector, may file a complaint regarding
the commission of an offence under this Act in any court of competent jurisdiction
and no such complaint shall be filed after the expiry of one year from the date on
which the offence is alleged to have been committed.
(2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first
class shall try any offence under this Act.]
24. Protection of action taken in good faith.-No suit, prosecution or other legal
proceeding shall lie against any person for anything which is in good faith done or
intended to be done in pursuance of this Act or of any rule or order made
thereunder.
25. Power of Central Government to give directions.-The Central Government
may give such directions as it may deem necessary to a State Government regarding
the carrying into execution of the provisions of this Act and the State Government
shall comply with such directions.
26. Power to exempt establishments.-If the appropriate Government is satisfied
that having regard to an establishment or a class of establishments providing for the
grant of benefits which are not less favorable than those provided in this Act, it is
necessary so to do, it may, by notification in the Official Gazette, exempt, subject to
such conditions and restrictions, if any, as may be specified in the notification, the
establishment or class of establishments from the operation of all or any of the
provisions of this Act or of any rule made thereunder.
27. Effect of laws and agreements inconsistent with this Act.-(1) The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law or in the terms of any award, agreement or
contract of service, whether made before or after the coming into force of this Act:
Provided that where under any such award, agreement, contract of service or
otherwise, a woman is entitled to benefits in respect of any matter which are more
favourable to her than those to which she would be entitled under this Act, the
woman shall continue to be entitled to the more favourable benefits in respect of
that matter, notwithstanding that she is entitled to receive benefits in respect of
other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude a woman from
entering into an agreement with her employer for granting her rights or privileges in
respect of any matter which are more favourable to her than those to which she
would be entitled under this Act.
28. Power to make rules.-(1) The appropriate Government may, subject to the
condition of previous publication and by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for-
(a) the preparation and maintenance of registers, records and muster-rolls;
(b) the exercise of powers (including the inspection of establishments) and the
performance of duties by Inspectors for the purposes of this Act;
(c) the method of payment of maternity benefit and other benefits under this Act
insofar as provision has not been made therefor in this Act;
(d) the form of notices under Section 6;
(e) the nature of proof required under the provisions of this Act;
(f) the duration of nursing-breaks referred to in Section 11;
(g) acts which may constitute gross misconduct for purposes of Section 12;
(h) the authority to which an appeal under clause (b) of sub-section (2) of Section
12 shall lie; the form and manner in which such appeal may be made and the
procedure to be followed in disposal thereof;
(i) the authority to which an appeal shall lie against the decision of the Inspector
under Section 17; the form and manner in which such appeal may be made and the
procedure to be followed in disposal thereof;
(j) the form and manner in which complaints may be made to Inspectors under subsection
(1) of Section 17 and the procedure to be followed by them when making
inquiries or causing inquiries to be made under sub-section (2) of that section;
(k) any other matter which is to be, or m ay be prescribed.
[35] [(3) Every rule made by the Central Government under this section shall be laid
as soon as may be after it is made, before each House of Parliament while it is in
session for a total period of thirty days which may be comprised in one session [36]
[or in two or more successive sessions and if, before the expiry of the session
immediately following the session or the successive sessions, aforesaid] both Houses
agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be; so however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done
under that rule.]
29. Amendment of Act 69 of 1951.-In Section 32 of the Plantations Labour Act,
1951,-
(a) in sub-section (1), the letter and brackets “(a)- before the words “in the case of
sickness-, the word “and- after the words “sickness allowances- and clause (b) shall
be omitted;
(b) in sub-section (2), the words “or maternity- shall be omitted.
30. Repeal.-On the application of this Act-
(i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and
(ii) to factories situate in the Union territory of Delhi, the Bombay Maternity Benefit
Act, 1929 (Bombay Act VII of 1929); as in force in that territory, shall stand
repealed.
_____________
[1] . The words “except the State of Jammu and Kashmir- omitted by Act No. 51 of
1970 and Schedule (w.e.f. 1-9-1971).
[2] . 1st November, 1963: vide Notification No. S.O. 2920, dated 5th October, 1963,
Gazette of India, Pt.II, page 3735.
[3] . Subs. by Act No. 52 of 1973 (w.e.f. 1-3-1975).
[4] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[5] . Subs. by Act No. 21 of 1972, for “Nothing contained in this Ac-.
[6] . Subs. by Act No. 53 of 1976 (w.e.f. 1-5-1976).
[7] . Ins. by Act No. 52 of 1973 (w.e.f. 1-3-1975).
[8] . Ins. by Act No. 52 of 1973 (w.e.f. 1-3-1975).
[9] . Word “or- omitted by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[10] . Ins. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[11] . Ins. by Act No. 29 of 1995 (w.e.f. 1-2-1996).
[12] . Subs. by Act No. 29 of 1995 for “or her miscarriage- (w.e.f. 1-2-1996).
[13] . Subs. by Act No. 29 of 1995 for “or her miscarriage- (w.e.f. 1-2-1996).
[14] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[15] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[16] . Subs. by Act No. 61 of 1988, for “one hundred and sixty days- (w.e.f. 10-1-
1989).
[17] . Subs. by Act No. 61 of 1988, for “one hundred and sixty days- (w.e.f. 10-1-
1989).
[18] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[19] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[20] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[21] . Ins. by Act No. 21 of 1972.
[22] . Ins. by Act No. 53 of 1976 (w.e.f. 1-5-1976).
[23] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[24] . Subs. by Act No. 61 of 1988, for “twenty five rupees- (w.e.f. 10-1-1989).
[25] . Subs. by Act No. 29 of 1995 (w.e.f. 1-2-1996).
[26] . Ins. by Act No. 29 of 1995 (w.e.f. 1-2-1996).
[27] . Subs. by Act No. 29 of 1995, for “or miscarriage- (w.e.f. 1-2-1996).
[28] . Subs. by Act No. 29 of 1995, for “or miscarriage- (w.e.f. 1-2-1996).
[29] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[30] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[31] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[32] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[33] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[34] . Subs. by Act No. 61 of 1988 (w.e.f. 10-1-1989).
[35] . Subs. by Act No. 52 of 1973 (w.e.f. 1-3-1975).
[36] . Subs. by Act No. 52 of 1973 (w.e.f. 1-3-1975).

Citizenship Act 1955

[Act No. 57 of Year 1955 dated 30th. December, 1955]
1. Short title
This Act may be called the Citizenship Act, 1955.
2. Interpretation
(1) In this Act, unless the context otherwise requires,-(a) “a Government in India” means the
Central Government or a State Government.
(b) “citizen” in relation to a country specified in Schedule I, means a person who, under the
citizenship or nationality law for the time being in force in that country, is a citizen or national of
that country;
(c) “citizenship or nationality law” in relation to a country specified in Schedule I, means an
enactment of the Legislature of that country which, at the request of the government of that
country, the Central Government may, by notification in the Official Gazette, have declared to be
an enactment making provision for the citizenship or nationality of that country:
PROVIDED that no such notification shall be issued in relation to the Union of South Africa
except with the previous approval of both Houses of Parliament.
(d) “Indian consulate” means the office of any consular officer of the Government of India where a
register of births is kept, or where there is no such office, such office as may be prescribed;
(e) “minor” means a person who has not attained the age of eighteen years;
(f) “person” does not include any company or association or body of individuals, whether
incorporated or not;,
(g) “prescribed” means prescribed by rules made under this Act;
(h) “undivided India” means India as defined in the Government of India Act, 1935, as originally
enacted.
(2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an
unregistered ship or aircraft of the government of any country shall be deemed to have been born
in the place in which the ship or aircraft was registered or, as the case may be, in that country.
(3) Any reference in this Act to the status or description of the father of a person at the time of
that person’s birth shall, in relation to a person born after the death of his father, be construed as
a reference to the status or description of the father at the time of the father’s death; and where
that death occurred before, and the birth occurs after the commencement of this Act, the status or
description which would have been applicable to the father had he died after the commencement
of this Act shall be deemed to be the status or description applicable to him at the time of his
death.
(4) For the purposes of this Act, a person shall be deemed to be of full age if he is not a minor,
and of full capacity if he is not of unsound mind.
ACQUISITION OF CITIZENSHIP
3. Citizenship by birth
1[(1) Except as provided in sub-section (2), every person born in India,-
(a) on or after the 26th day of January, 1950, but before the commencement of the Citizenship
(Amendment) Act, 1986;
(b) on or after such commencement and either of whose parents is a citizen of India at the time of
his birth,
shall be a citizen of India by birth.]
(2) A person shall not be such a citizen by virtue of this section if at the time of his birth-
(a) his father possesses such immunity from suits and legal process as is accorded to an envoy
of a foreign sovereign power accredited to the President of India and is not a citizen of India; or
(b) his father is an enemy alien and the birth occurs in a place then under occupation by the
enemy.
2[4. Citizenship by descent
(1) A person born outside India,-
(a) on or after the 26th January, 1950, but before the commencement of the Citizenship
(Amendment) Act, 1992, shall be a citizen of India by descent if his father is a citizen of India at
the time of his birth; or
(b) on after such commencement, shall be a citizen of India by descent if either of his parents is a
citizen of India at the time of his birth:]
PROVIDED that if the father of such a person 3[referred to clause (a)] was a citizen of India by
descent only, that person shall not be a citizen of India by virtue of this section unless-
(a) his birth is registered at an Indian consulate within one year of its occurrence or the
commencement of this Act, whichever is later, or, with the permission of the Central Government,
after the expiry of the said period; or
(b) his father is, at the time of his birth, in service under a Government in India:
3[PROVIDED FURTHER that if either of the parents of such a person referred to in clause (b)
was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this
section, unless-
(a) his birth is registered at an Indian consulate within one year of its occurrence or the
commencement of the Citizenship (Amendment) Act, 1992, whichever is later, or with the
permission of the Central Government, after the expiry of the said period; or
(b) either of his parents is, at the time of his birth, in service under a Government in India.
(2) If the Central Government so directs, a birth shall be deemed for the purposes of this section
to have been registered with its permission, notwithstanding that its permission was not obtained
before the registration.
(3) For the purposes of the proviso to sub-section (1), 4[any person] born outside undivided India
who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall
be deemed to be a citizen of India by descent only.
5. Citizenship by registration
(1) Subject to the provisions of this section and such conditions and restrictions as may be
prescribed, the prescribed authority may, on application made in this behalf, register as a citizen
of India any person who is not already such citizen by virtue of the Constitution or by virtue of any
of the other provisions of this Act and belongs to any of the following categories,-
(a) persons of Indian origin who are ordinarily resident in India and have been resident for five
years immediately before making an application for registration;
(b) persons of Indian origin who are ordinarily resident in any country or place outside undivided
India;
(c) persons who are, or have been, married to citizens of India and are ordinarily resident in India
and have been so resident for five years immediately before making an application for
registration.
(d) minor children of persons who are citizens of India; and
(e) persons of full age and capacity who are citizens of a country specified in Schedule I:
PROVIDED that in prescribing the conditions and restrictions subject to which persons of any
such country may be registered as citizens of India under this clause, the Central Government
shall have due regard to the conditions subject to which citizens of India may, by law or practice
of that country, become citizens of that country by registration.
Explanation : For the purposes of this sub-section, a person shall be deemed to be of Indian
origin if he, or either of his parents, was born in undivided India.
(2) No person being of full age shall be registered as a citizen of India under sub-section (1) until
he has taken the oath of allegiance in the form specified in Schedule II.
(3) No person who has renounced, or has been deprived of his, Indian citizenship, or whose
Indian citizenship has terminated, under this Act shall be registered as a citizen of India under
sub-section (1) except by order of the Central Government.
(4) The Central Government may, if satisfied that there are special circumstances justifying such
registration, cause any minor to be registered as a citizen of India.
(5) A person registered under this section shall be a citizen of India by registration as from the
date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of
Article 6 or Article 8 of the Constitution shall be deemed to be a citizen of India by registration as
from the commencement of the Constitution or the date on which he was so registered,
whichever may be later.
6. Citizenship by naturalisation
(1) Where an application is made in the prescribed manner by any person of full age and capacity
who is not a citizen of a country specified in Schedule I for the grant of a certificate of
naturalisation to him, the Central Government may, if satisfied that the applicant is qualified for
naturalisation under the provisions of Schedule III, grant to him, a certificate of naturalisation:
PROVIDED that, if in the opinion of the Central Government, the applicant is a person who has
rendered distinguished service to the cause of science, philosophy, art, literature, world peace or
human progress generally, it may waive all or any of the conditions specified in Third Schedule III.
(2) The person to whom a certificate of naturalisation is granted under sub-section (1) shall, on
taking the oath of allegiance in the form specified in Schedule II, be a citizen of India by
naturalisation as from the date on which that certificate is granted.
5[6A. Special provisions as to citizenship of persons covered by the Assam Accord
(1) For the purposes of this section-
(a) "Assam" means the territories included in the State of Assam immediately before the
commencement of the Citizenship (Amendment) Act, 1985;
(b) "detected to be a foreigner" means detected to be a foreigner in accordance with the
provisions of the Foreigners Act, 1946 (31 of 1946) and the Foreigners (Tribunals) Order, 1964 by
a Tribunal constituted under the said Order;
(c) "specified territory" means the territories included in Bangladesh immediately before the
commencement of the Citizenship (Amendment) Act, 1985;
(d) a person shall be deemed to be Indian origin, if he, or either of his parents or any of his
grandparents was born in India;
(e) a person shall be deemed to have been detected to be a foreigner on the date on which a
Tribunal constituted under the Foreigners (Tribunals) Order, 1964 submits its opinion to the effect
that he is a foreigner to the officer or authority concerned.
(2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came
before the lst day of January, 1966 to Assam from the specified territory (including such of those
whose names were included in the electoral rolls used for the purposes of the General Election to
the House of the People held in 1967) and who have been ordinarily resident in Assam since the
dates of their entry into Assam shall be deemed to be citizens of India as from the lst day of
January, 1966.
(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who-
(a) came to Assam on or after the lst day of January, 1966 but before the 25th day of March,
1971 from the specified territory; and
(b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and
(c) has been detected to be a foreigner;
shall register himself in accordance with the rules made by the Central Government in this behalf
under section 18 with such authority (thereafter in this sub-section referred to as the registering
authority) as may be specified in such rules and if his name is included in any electoral roll for any
Assembly or Parliamentary constituency in force on the date of such detection, his name shall be
deleted therefrom.
Explanation: In the case of every person seeking registration under this sub-section, the opinion
of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to
be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this
sub-section and if any question arises as to whether such person complies with any other
requirement under this sub-section, the registering authority shall,-
(i) if such opinion contains a finding with respect to such other requirement, decide the question in
conformity with such finding;
(ii) if such opinion does not contain a finding with respect to such other requirement, refer the
question to a Tribunal constituted under the said Order having jurisdiction in accordance with
such rules as the Central Government may make in this behalf under section 18 and decide the
question in conformity with the opinion received on such reference.
(4) A person registered under sub-section (3) shall have, as from the date on which he has been
detected to be a foreigner and till the expiry of a period of ten years from that date, the same
rights and obligations as a citizen of India (including the right to obtain a passport under the
Passport Act, 1967 (15 of 1967) and the obligations connected therewith), but shall not entitled to
have his name included in any electoral roll for any Assembly or Parliamentary constituency at
any time before the expiry of the said period of ten years.
(5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all
purposes as from the date of expiry of a period of ten years from the date on which he has been
detected to be a foreigner.
(6) Without prejudice to the provisions of section 8,-
(a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to
the prescribed authority within sixty days from the date of commencement of the Citizenship
(Amendment) Act, 1985, a declaration that he does not wish to be a citizen of India, such person
shall not be deemed to have become a citizen of India under that sub-section;
(b) if any person referred to in sub-section (3) submits in the prescribed manner and form and to
the prescribed authority within sixty days from the date of commencement of the Citizenship
(Amendment) Act, 1985 for year or from the date on which he has been detected to be a
foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions
of that sub-section and sub-sections (4) and (5), it shall not be necessary for such person to
register himself under sub-section (3).
Explanation : Where a person required to file a declaration under this sub-section does not have
the capacity to enter into a contract, such declaration may be filed on his behalf by any person
competent under the law for the time being in force, to act in his behalf.
(7) Nothing in sub-sections (2) to (6) shall apply in relation to any person-
(a) who, immediately, before the commencement of the Citizenship (Amendment) Act, 1985, for
year is a citizen of India;
(b) who was expelled from India, before the commencement of the Citizenship (Amendment) Act,
1985, for year under the Foreigners Act, 1946 for year.
(8) Save as otherwise expressly provided in this section, the provisions of this section shall have
effect notwithstanding anything contained in any other law for the time being in force.]
7. Citizenship by incorporation of territory
(1) If any territory becomes a part of India, the Central Government may, by order notified in the
Official Gazette, specify the persons who shall be citizens of India by reason of their connection
with that territory; and those persons shall be citizens of India as from the date to be specified in
the order.
TERMINATION OF CITIZENSHIP
8. Renunciation of citizenship
(1) If any citizen of India of full age and capacity, who is also a citizen or national of another
country, makes in the prescribed manner a declaration renouncing his Indian citizenship, the
declaration shall be registered by the prescribed authority, and, upon such registration, that
person shall cease to be a citizen of India:
PROVIDED that if any such declaration is made during any war in which India may be engaged,
registration thereof shall be withheld until the Central Government otherwise directs.
(2) Where 6[a person] ceases to be a citizen of India under sub-section (1) every minor child of
that person shall thereupon cease to be a citizen of India:
PROVIDED that any such child may, within one year after attaining full age, make a declaration
that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.
(3) For the purposes of this section, any woman who is, or has been, married shall be deemed to
be of full age.
9. Termination of citizenship
(1) Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has
at any time between the 26th January, 1950 and the commencement of this Act voluntarily
acquired, the citizenship of another country shall, upon such acquisition or, as the case may be,
such commencement, cease to be a citizen of India:
PROVIDED that nothing in this sub-section shall apply to a citizen of India who, during any war in
which India may be engaged, voluntarily acquires the citizenship of another country, until the
Central Government otherwise directs.
(2) If any question arises as to whether, when or how any person has acquired the citizenship of
another country, it shall be determined by such authority, in such manner, and having regard to
such rules of evidence, as may be prescribed in this behalf.
10. Deprivation of citizenship
(1) A citizen of India who is such by naturalisation or by virtue only of clause (c) of Article 5 of the
Constitution or by registration otherwise than under clause (b)(ii) of Article 6 of the Constitution or
clause (a) of sub-section (1) of section 5 of this Act shall cease to be a citizen of India, if he is
deprived of that citizenship by an order of the Central Government under this section.
(2) Subject to the provisions of this section, the Central Government may, by order, deprive any
such citizen of Indian citizenship, if it is satisfied that-
(a) the registration or certificate of naturalisation was obtained by means of fraud, false
representation or the concealment of any material fact; or
(b) that citizen has shown himself by act or speech to be disloyal or disaffected towards the
Constitution of India as by law established; or
(c) that citizen has, during any war in which India may be engaged, unlawfully traded or
communicated with an enemy or been engaged in, or associated with, any business that was to
his knowledge carried on in such manner as to assist an enemy in that war; or
(d) that citizen has, within five years after registration or naturalisation, been sentenced in any
country to imprisonment for a term of not less than two years; or
(e) that citizen has been ordinarily resident, out of India for a continuous period of seven years,
and during that period, has neither been at any time a student of any educational institution in a
country outside India or in the service of a Government in India or of an international organisation
of which India is a member, not registered annually in the prescribed manner at an Indian
consulate his intention to retain his citizenship of India.
(3) The Central Government shall not deprive a person of citizenship under this section unless it
is satisfied that it is not conducive to the public good that person should continue to be a citizen of
India.
(4) Before making an order under this section, the Central Government shall give the person
against whom the order is proposed to be made, notice in writing informing him of the ground on
which it is proposed to be made and, if the order is proposed to be made on any of the grounds
specified in sub-section (2) other than clause (e) thereof, of his right, upon making application
therefor in the prescribed manner, to have his case referred to a committee of inquiry under this
section.
(5) If the order is proposed to be made against a person or any of the grounds specified in subsection
(2) other than clause (e) thereof and that person so applies in the prescribed manner, the
Central Government shall, and in any other case it may, refer the case to a Committee of Inquiry
consisting of a Chairman (being a person who has for at least ten years held a judicial office) and
two other members appointed by the Central Government in this behalf.
(6) The Committee of Inquiry shall, on such reference, hold the inquiry in such manner as may be
prescribed and submit its report to the Central Government, and the Central Government shall
ordinarily be guided by such report in making an order under this section.
SUPPLEMENTAL
11. Commonwealth citizenship
Every person who is a citizen of a Commonwealth country specified in Schedule I shall, by virtue
of that citizenship, have the status of a Commonwealth citizen of India.
12. Power to confer rights of Indian citizen on citizens of certain countries
(1) The Central Government may, by order notified in the Official Gazette, make provisions on a
basis of reciprocity for the conferment of all or any of the rights of a citizen of India on the citizens
of any country specified in Schedule I.
(2) Any order made under sub-section (1) shall have effect notwithstanding anything inconsistent
therewith contained in any law other than the Constitution of India or this Act.
13. Certificate of citizenship in case of doubt
The Central Government may, in such cases as it thinks fit, certify that a person with respect to
whose citizenship of India a doubt exists, is a citizen of India; and a certificate issued under this
section shall, unless it is proved that it was obtained by means of fraud, false representation or
concealment of any material fact, be conclusive evidence that that person was such a citizen on
the date thereof, but without prejudice to any evidence that he was such a citizen at an earlier
date.
14. Disposal of application under sections 5 and 6
(1) The prescribed authority or the Central Government may, in its discretion, grant or refuse an
application under section 5 or section 6 and shall not be required to assign any reasons for such
grant or refusal.
(2) Subject to the provisions of section l5, the decision of the prescribed authority or the Central
Government on any such application as aforesaid shall be final and shall not be called in any
court.
15. Revision
(1) Any person aggrieved by an order made under this Act by the prescribed authority or any
officer or other authority (other than the Central Government) may, within a period of thirty days
from the date of the order, make an application to the Central Government for revision of that
order:
PROVIDED that the Central Government may entertain the application after the expiry of the said
period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from
making the application in time.
(2) On receipt of any such application under sub-section (1), the Central Government shall, after
considering the application of the aggrieved person and any report thereon which the officer or
authority making the order may submit, make such order in relation to the application as it deems
fit, and the decision of the Central Government shall be final.
16. Delegation of powers
The Central Government may, by order, direct that any power which is conferred on it by any of
the provisions of this Act other than those of section 10 and section 18 shall, in such
circumstances and under such conditions, if any, as may be specified in the order, be exercisable
also by such officer or authority as may be so specified.
17. Offences
Any person who, for the purpose of procuring anything to be done or not to be done under this
Act, knowingly makes any representation which is false in a material particular shall be
punishable with imprisonment for a term which may extend to six months, or with fine, or with
both.
18. Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for-
(a) the registration of anything required or authorised under this Act to be registered, and the
conditions and restrictions in regard to such registration;
(b) the forms to be used and the registers to be maintained under this Act;
(c) the administration and taking of oaths of allegiance under this Act, and the time within which,
and the manner in which, such oaths shall be taken and recorded;
(d) the giving of any notice required or authorised to be given by any person under this Act;
(e) the cancellation of the registration of, and the cancellation and amendment of certificates of
naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of
such certificates for those purposes;
(ee) the manner and form in which and the authority to whom declarations referred to in clauses
(a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with
such declarations;
(f) the registration at Indian consulates of the births and deaths of persons of any class or
description born or dying outside India;
(g) the levy and collection of fees in respect of applications, registrations, declarations and
certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the
supply of certified or other copies of documents;
(h) the authority to determine the question of acquisition of citizenship of another country, the
procedure to be followed by such authority and rules of evidence relating to such cases;
(i) the procedure to be followed by the committees of inquiry appointed under section 10 and the
conferment on such committees of any of the powers, rights and privileges of civil courts;
(j) the manner in which applications for revision may be made and the procedure to be followed
by the Central Government in dealing with such applications; and
(k) any other matter which is to be, or may be, prescribed under the Act.
(3) In making any rule under this section, the Central Government may provide that breach
thereof shall be punishable with fine which may extend to one thousand rupees.
(4) Every rule made under this section shall be laid, as soon as may be after it is made before
each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
19. Repeals
[Repealed by the Repealing and Amending Act, 1960 (58 of 1960)]
SCHEDULE I
[Sections 2(1)(b) and 5(1)(e)]
A. The following Commonwealth countries:
1. United Kingdom
2. Canada
3. Commonwealth of Australia
4. New Zealand
5. Union of South Africa
6. Pakistan
7. Ceylon
8. Federation of Rhodesia and Nyasaland
9. Ghana
10. Federation of Malaya
11. Singapore
B. The Republic of Ireland
Explanation: In this Schedule, “United Kingdom” means the United Kingdom of Great Britain and
Northern Ireland, and includes the Channel Islands, the Isle of Man and all Colonies; and
“Commonwealth of Australia” includes the territories of Papua and the territory of Norfolk Island.
SCHEDULE II: OATH OF ALLEGIANCE
[Sections 5(2) and 6(2)]
I, A. B. _________ do solemnly affirm (or swear) that I will bear true faith and allegiance to the
Constitution of India as by law established, and that I will faithfully observe the laws of India and
fulfil my duties as a citizen of India.
SCHEDULE III: QUALIFICATIONS FOR NATURALISATION
[Section 6(1)]
The qualifications for naturalisation of a person who is not a citizen of a country specified in
Schedule I are:-
(a) that he is not a subject or citizen of any country where citizens of India are prevented by law
or practice of that country from becoming subjects or citizens or that country by naturalisation;
(b) that, if he is a citizen of any country he has renounced the citizenship of that country in
accordance with the law therein in force in that behalf and has notified such renunciation to the
Central Government;
(c) that he has either resided in India or been in the service of a Government in India or partly the
one and partly the other, throughout the period of twelve months immediately preceding the date
of the application;
(d) that during the twelve years immediately preceding the said period of twelve months, he has
either resided in India or been in the service of a Government in India, or partly the one and partly
the other, for periods amounting in the aggregate to not less than nine years;
(e) that he is of good character;
(f) that he has an adequate knowledge of a language specified in Schedule VIII to the
Constitution; and
(g) that in the event of a certificate of naturalisation being granted to him, he intends to reside in
India, or to enter into, or continue in, service under a Government in India or under an
international organisation of which India is a member or under a society, company or body of
persons established in India:
PROVIDED that the Central Government may, if in the special circumstances of any particular
case it thinks fit,-
(i) allow a continuous period of twelve months ending not more than six months before the date of
the application to be reckoned, for the purposes of clause (c) above, as if it had immediately
preceded that date;
(ii) allow periods of residence or service earlier than thirteen years before the date of the
application to be reckoned in computing the aggregate mentioned in clause (d) above.

Indian Penal Code

Indian Penal Code

Section 1. Title and extent of operation of the Code

Act No. 45 of 1860.

This Act shall be called the Indian Penal Code, and shall 1[extend to the whole of India 2[except the State of Jammu and Kashmir].]

1. The original words have successively been amended by Act 12 of 1891, sec. 2 and Sch. I, the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “except Part B States”.

Section 2. Punishment of offences committed within India

Every person shall be liable punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within 1[India] 2[***].

1. 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, sec. 3 and Sch., to read as above.

2. The words and figures “on or after the said first day of May, 1861” rep. by Act 12 of 1891, sec. 2 and Sch. I.

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

Any person liable, by any 1(Indian law) to be tried for an offence committed beyond 2(India) shall be dealt with according to the provisions of this Code for any act committed beyond 2(India) in the same manner as if such act had been committed within 3[India].

1. Subs. by the A.O. 1937 for “law passed by the Governor General of India in Council”.

2. 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, sec. 3 and Sch., to read as above.

3. 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, sec. 3 and Sch., to read as above.

Section 4. Extension of Code to extra-territorial offences

1[4. Extension of Code to extra-territorial offences.

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

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

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

Explanation. -In this section the word “offence” includes every act committed outside 3[India] which, If committed in 3[India], would be punishable under this code.

4[Illustration]

5[*** A, 6[who is 7[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 3[India] in which he may be found.

8[* * *]

1 Subs. by Act 4 of 1898, sec. 2, for the original section.

2 Subs. by the A.O. 1950, for clauses (1) to (4).

3 The words “British India” have been successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

4 Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “Illustrations” (w.e.f. 17-9-1957).

5 The brackets and letter “(a)” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).

6 Subs. by the A.O. 1948, for “a coolie, who is a Native Indian subject”.

7 Subs. by the A.O. 1950, for “a British subject of Indian domicile”.

8 Illustrations (b), (c) and (d) omitted by the A.O. 1950.

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

15. 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.

1. Subs. by the A.O. 1950, for the original section.

Section 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 can not 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”.

Section 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.

Section 8. Gender

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

Section 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.

Section 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.

Section 11. Person

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

Section 12. Public

The word “public” includes any class of the public or any community.

Section 13. Queen

[Definition of “Queen”.] Rep. by the A. O. 1950.

Section 14. Servant of Government

114. “Servant of Government”.- The words “servant of Government” denote any officer or servant continued, appointed or employed in India by or under the authority of Government.

1. Subs. by the A.O. 1950, for the original section.

Section 15. British India

[Definition of “British India”.] Rep. by the A. O. 1937.

Section 16. Government of India

Rep. By the A.O. 1937.

Section 17. Government

117. “Government”.- The word “Government” denotes the Central Government or the Government of a 2[***] State.

1. Subs. by the A.O. 1950, for the original section.

2. The word and letter “Part A” omitted by Act 3 of 1951, sec. 3 and Sch.

Section 18. India

118. India.- “India” means the territory of India excluding the State of Jammu and Kashmir.

1 Subs. by Act 3 of 1951, sec. 3 and Sch., for the former sec­tion which was ins. by the A.O. 1950. The original section 18 was rep. by the A.O. 1937.

Section 19. Judge

“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 of persons, which body of persons is empowered by law to give such a judgment.

Illustrations

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

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

(c) A member of a Panchayat which has power, under 1Regulation VII, 1816, of the Madras Code, to try and determine suits, is a judge.

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

1. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).

Section 20. Court of Justice

The words “Court of Justice” denote a judge who is empowered by law to act judicially alone, or a body of judges, which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially

Illustration

A panchayat acting under 1Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.

1. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).

Section 21. Public Servant

The words “public servant” denote a person falling under any of the descriptions hereinafter following namely:-

1[* ****]

Second.- Every Commissioned Officer in the Military, 2[Naval or Air] Forces 3[4[* * *] of India];

5[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 function;]

Fourth.- Every officer of a Court of justice 6[(including a liquidator, receiver or commissioner)] whose duty it s, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties.

Fifth.- Every juryman, assessor, or member of a panchayat assisting a Court of justice or public servant;

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

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

Eight. -Every officer of 7[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 extend any property on behalf of 7[the Government], or to make any survey, assessment or contract on behalf of the 7[the Government], or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of 7[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of 7[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 7[the Government]8[***];.

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;

9[Eleventh.- Every persons 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; ]

10[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.

11Explanation 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.

12[***]

STATE AMENDMENT

State of Rajasthan

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

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

Explanation

The expression ‘Public Body’ includes:-

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

(b) A local authority.”

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

1. Clause First omitted by the A.O. 1950.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Naval”.

3. 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.

4. The words “of the Dominion” omitted by the A.O. 1950.

5. Subs. by Act 40 of 1964, sec. 2, for the former clause (w.e.f. 18-12-1964).

6. Ins. by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).

7. Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A.O. 1937, for “Government”.

8. Certain words omitted by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).

9. Ins. by Act 39 of 1920, sec. 2.

10. Subs. by Act 40 of 1964, sec. 2, for the former clause (w.e.f. 18-12-1964).

11. Ins. by Act 39 of 1920, sec. 2.

12. Explanation 4 ins. by Act 2 of 1958, sec. 2 (w.e.f. 12-2-1958) and omitted by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).

Section 22. Moveable property

The words “moveable 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.

Section 23. Wrongful gain

23. “Wrongful gain”.–“Wrongful gain” is gain by unlawful meansof property to which the person gaining is not legally entitled.

“Wrongful loss”.–“Wrongful loss” is the loss by unlawful meansof property to which the person losing it is legally entitled. Gaining wrongfully.

Losing wrongfully.–A person is said to gainwrongfully when such person retains wrongfully, as well as when suchperson acquires wrongfully.

A person is said to lose wrongfully whensuch person is wrongfully kept out of any property, as well as whensuch person is wrongfully deprived of property.

Section 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”.

Section 25. Fraudulently

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

Section 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.

Section 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.

Section 28. Counterfeit

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

1Explanation 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 practice deception or knew it to be likely that deception would thereby be practiced.

1. Subs. by Act 1 of 1889, sec. 9, for the original Explanation.

Section 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.

Section 29A. Electronic record

129A. 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.

1. Ins. by Act 21 of 2000, sec. 91 and Sch. I, (w.e.f. 17-10-2000).

Section 30. Valuable security

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

Illustration

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

Section 31. A will

The words “a will” denote any testamentary document.

Section 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.

Section 33. Act Omission

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

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

134. 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.

Distinction between ’common intention’ and ‘common object’

A clear distinction is made out between common intention and common object is that common intention denotes action in concert and necessarily postulates the existence of a pre-arranged plan implying a prior meeting of the minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert. Though there is a substantial difference between the two sections namely 34 and 149, they also to some extent overlap and it is a question to be determined on the facts of each case; Chittarmal v. State of Rajasthan, AIR 2003 SC 796.

Difference in operation of section 34 and section 149

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

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

Ingredients

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

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

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

(iv) It has been held that the requirement of statute is sharing the common intention upon being present at the place of occurrence. Mere distancing from the scene cannot absolve the accused; Lallan Bhai v. State of Bihar, AIR 2003 SC 333.

Participation in the Criminal Act

(i) To apply section 34, apart from the fact that there should be two or more accused, two factors must be established: (i) common intention, and (ii) participation of accused in the commission of an offence. If common intention is proved but no overt act is attributed to the individual accused, section 34 will be attracted as essentially it involves vicarious liability but if participation of the accused in the crime is proved and common intention is absent, section 34 cannot be invoked; Jai Bhagwan v. State of Haryana, AIR 1999 SC 1083.

(ii) It requires a pre-arranged plan and pre-supposes prior concert therefore there must be prior meeting of mind. It can also be developed at the spur of moment but there must be pre-arrangement or premeditated concert: Ramashish Yadav v. State of Bihar, 1999 (8) SCC 555: 1999(6) JT 560: 1999 (2) JCC (SC) 471.

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

(iv) In the instant case, there was a long standing enmity between two rival factions in a village, and proceedings under the Criminal Procedure Code were pending against members of both factions. On the day fixed for a hearing in the Magistrate’s Court in a neighbouring town, members of both factions left their village armed with sticks and lathis. While one faction was waiting on the roadside for a bus, the other faction arrived and a fight ensued in which severe injuries were caused on both sides, as a result of which one man died. The members of the opposite faction were charged and convicted under sections 302/34 I.P.C. It was held that the mere presence of a person armed with a deadly weapon at the spot of a crime does not necessarily make him a participator in a joint crime in every case, because for the purpose of section 34 only such presence makes a man a participant in a joint crime as is established to be with the intention of lending weight to the commission of a joint crime; Jamun v. State of Punjab, AIR 1957 SC 469.

1. Subs. by Act 27 of 1870, sec. 1, for the original section.>

Section 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 be 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.

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

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

Illustration

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

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

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

Illustrations

(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operates 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, alternately 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.

Section 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.

Section 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.

Section 40. Offence

140 “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 V A] and in the following sections, namely Sections 4[64, 65, 66, 5[67], 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the words “offence” denotes a thing punishable under this Code, or under any special or local law as hereinafter defined.

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

1. Subs. by Act 27 of 1870, sec. 1, for the original section.

2. Subs. by Act 8 of 1930, sec. 2 and Sch. I, for “Chapter”.

3. Ins. by Act 8 of 1913, sec. 2.

4. Ins. by Act 8 of 1882, sec. 1.

5. Ins. by Act 10 of 1886, sec. 21(1).

Section 41. Special law

A “special law” is a law applicable to a particular subject.

Section 42. Local law

A “local law” is a law applicable only to a particular part of 1[2[***] 3[India]].

1. Subs. by the A.O. 1948, for “British India”.

2. The words “the territories comprised in” omitted by Act 48 of 1952, sec. 3 and Sch. II (w.e.f. 2-8-1952).

3. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” which had been subs. by the A.O. 1950, for “the Provinces”.

Section 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.

Section 44. Injury

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

Section 45. Life

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

Section 46. Death

The word “death” denotes the death of a human being unless the contrary appears from the context.

Section 47. Animal

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

Section 48. Vessel

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

Section 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.

Section 50. Section

The word “section” denotes one of those portions of a chapter of this Code which are distinguished by prefixed numeral figures.

Section 51. Oath

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

Section 52. Good faith

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

Section 52A. Harbour

152A “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.

1. Ins. by Act 8 of 1942, sec. 2 (w.e.f. 14-2-1942).

Section 53. Punishment

The punishments to which offenders are liable under the provisions of this Code are
First.— Death;

1[Secondly.—Imprisonment for life;]

2[***]

Fourthly. —Imprisonment, which is of two descriptions, namely:
(1) Rigorous, that is, with hard labour;

(2) Simple;

Fifthly. —Forfeiture of property;

Sixthly. —Fine.

Reformative theory

(i) The reformative approach to punishment should be the object of criminal law, in order to promote rehabilitation without offending communal conscience and to secure social justice; Narotam Singh v. State of Punjab, AIR 1978 SC 1542.

(ii) The punishment till the rising of the Court, for the offence of grievous hurt and related offences, committed conjointly on a group by an accused person which had resulted in the hospitalisation of victim for four weeks, did not conform to any rational legal theory of behaviour, much less the reformatory theory of punishment; Raman v. Francis, (1988) Cr LJ 1359 (Ker).

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “Secondly—Transportation” (w.e.f. 1-1-1956).

2. Clause “Thirdly” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

Section 53A. Construction of reference to transportation

153A. 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, 2[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.

1. Ins. by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956).

2. Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “1954” (w.e.f. 17-9-1957).

Section 54. Commutation of sentence of death

In every case in which sentence of death shall have been passed, 1[the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this code.

1. 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”.

Section 55. Commutation of sentence of imprisonment for life

In every case in which sentence of 1[imprisonment] for life shall have been passed, 2[the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion” (w.e.f. 1-1-1956).

2. 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”.

Section 55A. Definition of appropriate Government

155A. Definition of “appropriate Government”.- In sections fifty-four and fifty-five the expression “appropriate Government” means, –

(a) In case 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 case 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.

1. Subs. by the A.O. 1950, for section 55A which had been ins. by the A.O. 1937.

Section 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).]

Section 57. Fractions of terms of punishment

In calculating fractions of terms of punishment, 1[imprisonment] for life shall be reckoned as equivalent to 1[imprisonment] for twenty years.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion” (w.e.f. 1-1-1956).

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

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

Section 59. Transportation instead of imprisonment.

[Rep. by the Code of Criminal procedure(Amendment) Act, 1955(26 0f 1955), s.117 and Sch.. (w.e.f. 1.1.1956).]

Section 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

Section 61. Sentence of forfeiture of property

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

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

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

Section 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.

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

1[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 2[with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,]

it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

1. Subs. by Act 8 of 1882, sec. 2, for “In every case in which an offender is sentenced to a fine”.

2. Ins. by Act 10 of 1886, sec. 21(2).

Section 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.

Section 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.

Section 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 terms not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any terms 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.

1. Ins. by Act 8 of 1882, sec. 3.

Section 68. Imprisonment to terminate on payment of fine

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

Section 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 month’ imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiation 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.

Section 70. Fine levied within six years, or during imprisonment- Death not to discharge property from liability

The fine, or any part thereof which remains unpaid, may e 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.

Section 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.

1[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.

1. Added by Act 8 of 1882, sec. 4.

Section 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.

Section 73. Solitary confinement

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

a time not exceeding two months if the term of imprisonment shall exceed six months and 1[shall not exceed one] year;

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

1. Subs. by Act 8 of 1882, sec. 5, for “be less than a”.

Section 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.

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

175. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.- Whoever, having been convicted,
(a) by a Court in 2[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, 3[***]

3[***]

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 4[imprisonment for life], or to imprisonment of either description for a term which may extend to ten years.]

1. Subs. by Act 3 of 1910, sec. 2, for the original section.

2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

3. The word “or” at the end of clause (a) and clause (b) omitted by Act 3 of 1951, sec. 3 and Sch.

4. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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.

Section 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.

Section 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.

Section 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 person 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.

Section 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.

Section 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, it if be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

Explanation

It is question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down 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 the boat C.

(b) A, in 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.

Section 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.

Section 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

Section 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.

Section 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.

Section 86. Offence requiring a particular intent of 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.

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

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

Illustration

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

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

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

Illustration

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

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

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

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

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

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

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

Illustration

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

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

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

Consent of insane person

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

Consent of child

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

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

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

Illustration

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

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

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

Provisos – Provided-

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

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

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

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

Illustrations

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

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

(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is 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 housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.

Explanation

Mere pecuniary benefit is not benefit within the meaning of Sections 88, 89 and 92.

Section 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.

Section 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.

Section 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.

Section 96. Things done in private defence

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

Private defence: object

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

(ii) The defence version regarding accused acting in self defence was liable to be proved by accused; Rasikbhai Ram Singh Rana v. State of Gujarat, 1999 (1) Guj CR 176.

(iii) Where the right of private defence is pleaded, the defence must be a reasonable and probable version satisfying the cast that the harm caused by the accused was necessary for either warding off the attack or for forestalling the further reasonable apprehension from the side of the accused. The burden of establishing the plea of self-defence is on the accused and the burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of the material on record; Rizan v. State of Chattisgarh, AIR 2003 SC 976.

Right to private defence

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

(ii) Divergent views expressed by court where prosecution failed to explain the injuries sustained by accused in same occurrence. Hence referred to larger Bench; Ram Sunder Yadav v. State of Bihar, 1999 Cr LJ 3671 (SC).

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

Every person has a right, subject to the restrictions contained in section 99, to defend
First.— His own body, and the body of any other person, against any offence affecting the human body;

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

Section 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.

Section 99. Act against which there is no right of private defence

There is no right of private defence against an act which does not reasonable 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 reasonable cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.

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

Extent to which the right may be exercised

The right to private defence in no case extends to the inflicting of more harm that 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.

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

The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:
First.— Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

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

Thirdly.— An assault with the intention of committing rape;

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

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

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

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]

Ingredients

(i) Self inflicted injuries not explained by prosecution except the reliance on medical evidence acquittal of accused not justified; Chuhar Singh v. State of Punjab, AIR 1999 SC 1052: 1991 SCC (Cr) 1066: 1998 (4) JT 449.

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

Right of private defence to cause death

(i) Under what circumstances accused gave knife blow to the deceased could not be explained by accused, acquittal on ground of self defence not justified; State of Uttar Pradesh v. Laeeg, AIR 1999 SC 1942: 1999 (5) SCC 588.

(ii) While being chased by deceased appellant attacked on deceased caused fire incised wound, held exceeded the right of private defence, conviction under section 304 Part I proper; Suresh Singh v. State, AIR 1999 SC 1773: 1999 (2) Crimes 42.

(iii) Attack by single blow on the neck of deceased proved fatal. Held accused exceeded right of private defence; Amar Singh v. State of Madhya Pradesh, 1997 SCC (Cr) 630.

1. Inserted by Section 2 of ‘The Criminal Law (Amendment) Act, 2013′

Section 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.

Section 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.

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

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

Secondly.—House-breaking by night;

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

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

STATE AMENDMENTS

Karnataka

(1) In section 103, in clause Thirdly,
(i) after the words “mischief by fire”, insert the words “or any explo­sive substance”;

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

(2) After clause Fourthly, insert the following clause, namely:
“Fifthly.—Mischief by fire or any explosive substance committed on any property used or intended to be used for the purpose of Government or any local authority, statutory body or company owned or controlled by Government or railway or any vehicle used or adapted to be used for the carriage of passengers for hire or reward.”

[Vide Karnataka Act 8 of 1972, sec. 2 (w.e.f. 7-10-1972)].

Maharashtra

In section 103, add the following at the end, namely:
“Fifthly.—Mischief by fire or any explosive substance committed on any property used or intended to be used for the purposes of Government or any local authority, statutory body, company owned or controlled by Government, railway or tramway, or on any vehicle used or adapted to be used, for the carriage of passengers for hire or reward”.

[Vide Maharashtra Act 19 of 1971, sec. 26 (w.e.f. 31-12-1971)].

Uttar Pradesh

In section 103, after clause fourthly, add the following clause, namely:
“Fifthly.—Mischief by fire or any explosive substance committed on
(a) Any property used or intended to be used for the purpose of Government, or any local authority or other corporation owned or controlled by the Government, or

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

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

[Vide Uttar Pradesh Act 29 of 1970, sec. 2 (w.e.f. 17-7-1970)].

* See clause (47) of sec. 2 of the Motor Vehicles Act, 1988.

Section 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.

Section 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 of as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

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

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

Section 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 or 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.

Section 107. Abetment of a thing

A person abets the doing of a thing, who
First.— Instigates any person to do that thing; or

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

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

Explanation 1

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

Illustration

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

Explanation 2

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

Section 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 of 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 abettor, or any guilty intention or knowledge.

Illustrations

(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committed an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

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

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

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

Explanation 4

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

Illustration

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

Explanation 5

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

Illustration

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

Section 108A. Abetment in India of offences outside India

1108A. 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.

1. Added by Act 4 of 1898, sec. 3.

2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

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

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

Explanation

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

Illustrations

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

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

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

CLASSIFICATION OF OFFENCE

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

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

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

CLASSIFICATION OF OFFENCE

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

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

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

Proviso

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

Illustrations

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

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

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

CLASSIFICATION OF OFFENCE

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

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

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

Illustration

A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As be 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.

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

Illustration

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

CLASSIFICATION OF OFFENCE

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

Section 114. Abettor present when offence is committed

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

CLASSIFICATION OF OFFENCE

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

Section 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 the 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 s nevertheless committed the offence defined in this section, and is punishable accordingly.

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

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

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

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

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

Illustration

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

CLASSIFICATION OF OFFENCE

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

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];

2[Voluntarily conceals by any act or 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

2. Subs. by Act 10 of 2009, sec. 51(c), for “Voluntarily conceals, by any act or illegal omission,, the existence of a design”.

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 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III

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

1. Subs. by Act 10 of 2009, sec. 51(d), “voluntarily conceals,” by any Act or illegal ommission, the existence of a design”.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f 1-1-1956).

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-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Section 120A. Definition of criminal conspiracy.

1120A. Definition of criminal conspiracy.- When two or more per­sons agree to do, or cause to be done,
(1) an illegal act, or

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

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

Explanation

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

1. Ins. by Act 8 of 1913, sec. 3.

Section 120B. Punishment of criminal conspiracy

1120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

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

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Ins. by Act 8 of 1913, sec. 3.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Whoever wages war against the 1[Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 2[imprisonment for life] 3[and shall also be liable to fine].

4[Illustration]

5[***] A joins an insurrection against the 6[Government of India]. A has committed the offence defined in this section.

7[* * *]

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by the A.O. 1950, for “Queen”.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

3. Subs. by Act 16 of 1921, sec. 2, for “and shall forfeit all his property”.

4. Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “Illustra­tions” (w.e.f. 17-9-1957).

5. The brackets and letter “(a)” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).

6. Subs. by the A.O. 1950, for “Queen”.

7. Illustration (b) omitted by the A.O. 1950.

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

1121A. Conspiracy to commit offences punishable by section 121.— Whoever within or without 2[India] conspires to commit any of the offences punishable by Section 121, 3[***] or conspires to overawe, by means of criminal force or the show of criminal force, 4[the Central Government or any 5[State] Government 6[***], shall be punished with 7[imprisonment for life], or with imprisonment of either description which may extend to ten years, 8[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.

CLASSIFICATION OF OFFENCE

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

1. Ins. by Act 27 of 1870, sec. 4.

2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

3. The words “or to deprive the Queen of the sovereignty of the Provinces or of any part thereof” omitted by the A.O. 1950.

4. Subs. by the A.O. 1937, for “the Government of India” or any “Local Government”.

5. Subs. by the A.O. 1950, for “Provincial”.

6. The words “or the Government of Burma” omitted by the A.O. 1948.

7. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life or any shorter term” (w.e.f. 1-1-1956).

8. Subs. by Act 16 of 1921, sec. 3, for “and shall forfeit all his property”.

Section 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 1[Government of India], shall be punished with 2[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 3[and shall also be liable to fine].

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1950, for “Queen”.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

3. Subs. by Act 16 of 1921, sec. 3, for “and shall forfeit all his property”.

Section 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 1[Government of India], intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1950, for “Queen”.

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

Whoever, with the intention of including or compelling the 1[President] of India, or the 2[Governor 3[* * *]] of any 4[State], 5[* * *] 6[* * * ] 7[* * *] to exercise or refrain from exercising in any manner any of the lawful powers of such 8[President] or 2[Governor 3[* * *]],

Assault or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such 8[President or 2[Governor 3[* * *]],

Shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1950, for “Governor General”.

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “Governor”.

3. The words “or Rajpramukh” omitted by the A.O. 1956.

4. Subs. by the A.O. 1950, for “Province” which had been subs. by the A.O. 1937, for “Presidency”.

5. The words “or a Lieutenant-Governor” omitted by the A.O. 1937.

6. The words “or a Member of the Council of the Governor General of India” omitted by the A.O. 1948.

7. The words “or of the Council of any Presidency” omitted by the A.O. 1937.

8. The original words “Governor General, Governor, Lieutenant-Governor or Member of Council” have successfully been amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

Section 124A. Sedition

1124A. 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. 2[* * *] the Government established by law in 3[India], 4[* * *] shall be punished with 5[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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 4 of 1898, sec. 4, for section 124A which had been ins. by Act 27 of 1870, sec. 5.

2. 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.

3. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

4 The words “or British Burma” ins. by the A.O. 1937 omitted by the A.O. 1948.

5. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life or any shorter term” (w.e.f. 1-1-1956).

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 1[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished with 2[imprisonment for life], to which fine may be added, or with imprisonment of either descrip­tion for a term which may extend to seven years, to which fine may be added, or with fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1950, for “Queen”.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Whoever commits depredation, or makes preparation to commit depredation, on the territories of any Power in alliance or at peace with the 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1950, for “Queen”.

Section 127. Receiving Property taken by war on depredation mention in Sections 125 and 126

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

CLASSIFICATION OF OFFENCE

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

Section 128. Public servant voluntary 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 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 129. Public servant negligently suffering such prisoner to escape

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

CLASSIFICATION OF OFFENCE

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

Section 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 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 State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2[India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

2. The words “British India” have sucessively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

Section 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, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India] or attempts to seduce any such officer, soldier, 4[sailor or airman] from his alle­giance or his duty, shall be punished with 5[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.

6[Explanation.—In this section the words “officer”, 7[“soldier”, 8[“sailor”] and “airman”] include any person subject to the 9[Army Act, 10[the Army Act, 1950 (46 of 1950, 11[the Naval Discipline Act, 12[***] the 11[Indian Navy (Disci­pline) Act, 1934 (34 of 1934)] 13[the Air Force Act or 14[the Air Force Act, 1950 (45 of 1950)], as the case may be]].

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

4. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

5. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

6. Ins. by Act 27 of 1870, sec. 6.

7. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “and soldier”.

8. Ins. by Act 35 of 1934, sec. 2 and Sch.

9. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “Articles of War for the better government of Her Majesty’s Army, or to the Articles of War contained in Act No. 5 of 1869″.

10. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Army Act, 1911”.

11. Now see the Navy Act, 1957 (62 of 1957).

12. The words “or that Act as modified by” omitted by the A.O. 1950.

13. Subs. by Act 14 of 1932, sec. 130 and Sch., for “or the Air Force Act”.

14. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Air Force Act, 1932”.

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

Whoever abets the committing of mutiny by an officer, soldier, 1[sailor or airman] in the Army, 2[Navy or Air Force] of the 3[Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

4. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 office, soldier, 1[sailor or airman], in the Army, 2[Navy or Air force] of the 3[Government of India], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

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

Whoever abets an assault by an officer, soldier, 1[sailor, or airman], in the Army, 2[navy or Air force] of the 3[Government of India], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

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

Whoever abets the desertion of any officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

Section 136. Harbouring deserter

Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or air force] of the 3[Government of India], has deserted, harbours such officer, soldier, 1[sailor airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Exception

This provision does not extend to the case in which the harbour is given by a wife to her husband.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

Section 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, 1[Navy or Air force] of the 2[Government of India] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

2. Subs. by the A.O. 1950, for “Queen”.

Section 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, 1[sailor or airman], in the Army,2[Navy or Air Force] of the 3[Government of India], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

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

[Ins. by Act 14 of 1887, sec.79 and Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.]

Section 139. Persons subject to certain Acts

No person subject to 1[the Army Act, 2[the Army Act, 1950 (46 of 1950), or the Naval Discipline Act, 3[4[***] 5[the Indian Navy (Discipline) Act, 1934 (34 of 1934)], 6[the Air Force Act 7[the Air Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code for any of the offences defined in this Chapter.

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “any Article of War for the Army or Navy of the Queen, or for any part of such Army or Navy”.

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Army Act, 1911”.

3. Ins. by Act 35 of 1934, sec. 2 and Sch.

4. The words “or that Act as modified” omitted by the A.O. 1950.

5. Now see the Navy Act, 1957 (62 of 1957).

6. Subs. by Act 14 of 1932, sec. 130 and Sch., for “or the Air Force Act”.

7. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Air Force Act, 1932”.

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

Whoever, not being a soldier, 1[sailor or airman] in the Military, 2[Naval or Air] service of the 3[Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier, 1[sailor or airman] with the intention that it may be believed that he is such a soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three month, or with fine which may extend to five hundred rupees, or with both

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

Section 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, 1[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.

1. Subs. by the A.O. 1950, for “Central or any Provincial Government or Legislature”.

Section 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.

Section 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 month, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 144. Joining unlawful assembly armed with deadly weapon

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

CLASSIFICATION OF OFFENCE

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

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

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

CLASSIFICATION OF OFFENCE

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

Section 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.

Section 147. Punishment for rioting

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

CLASSIFICATION OF OFFENCE

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

Section 148. Rioting, armed with deadly weapon

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

CLASSIFICATION OF OFFENCE

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

Section 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 or that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

CLASSIFICATION OF OFFENCE

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

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

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

CLASSIFICATION OF OFFENCE

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

Section 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 with the meaning of section 141, the offender will be punishable under section 145.

CLASSIFICATION OF OFFENCE

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

Section 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 punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 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 of 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, imprisonment of either description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

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

1[153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever
(a) By words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place or birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or

(b) Commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, 2[or]

2[(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 of knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,]

Shall be punished with imprisonment which may extend to three years, or with fine, or with both.

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

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Section 153A subs. by Act 41 of 1961, sec. 2 (w.e.f. 12-9-1961) and again subs. by Act 35 of 1969, sec. 2, for the former section (w.e.f. 4-9-1969).

2. Ins. by Act 31 of 1972, sec. 2 (w.e.f. 14-6-1972).

Section 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

1[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 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 fire-arms, sharp edged weapons, lathis, dandas and sticks.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months and fine of 2000 rupees—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

1. Ins. by Act 25 of 2005, sec. 44.

Section 153B. Imputations, assertions prejudicial to national-integration

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 or their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to 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 or persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied or deprived of their rights as citizens of India or

(c) makes or publishes any assertion, counsel, plea or appeal concerning the 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.]

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Ins. by Act 31 of 1972, sec. 2 (w.e.f. 14-6-1972).

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

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

CLASSIFICATION OF OFFENCE

Punishment—Fine of 1,000 rupees—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Section 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 there from, such person shall be punishable with fine, if he or his agent of manage, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.

CLASSIFICATION OF OFFENCE

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

Section 156. Liability of agent of owner of 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 or nay dispute which gave rise to the riot, or who has accepted or derived any benefit there from,

the agent or manager or such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.

CLASSIFICATION OF OFFENCE

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

Section 157. Harbouring persons hired for an unlawful assembly

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

CLASSIFICATION OF OFFENCE

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

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

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

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

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Section 159. Affray

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

Section 160. Punishment for committing affray

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

CLASSIFICATION OF OFFENCE

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

Section 161-165A. Repealed

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

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

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

Illustration

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

CLASSIFICATION OF OFFENCE

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

1 Section 166A.

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, 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.

Section 166B.

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, shall be punished with imprisonment for a term which may extend to one year or with fine or with both]

1 Inserted by Section 3 of ‘The Criminal Law (Amendment) Act, 2013′

Section 167. Public servant farming an incorrect document with intent to cause injury

Whoever, being a public servant, and being, as 1[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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).

Section 168. Public servant unlawfully engaging in trade

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

CLASSIFICATION OF OFFENCE

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

Section 169. Public servant unlawfully buying or bidding for property

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

CLASSIFICATION OF OFFENCE

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

Section 170. Personating a public servant

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

CLASSIFICATION OF OFFENCE

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

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

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

CLASSIFICATION OF OFFENCE

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

Section 171A. Candidate, Electoral right defined

1[171A. “Candidate”, “Electoral right” defined.— For the purposes of this Chapter
2[(a) “candidate” means a person who has been nominated as a candidate at an election;]

(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at any election.]

1. Section 171A ins. by Act 39 of 1920, sec. 2.

2. Subs. by Act 40 of 1975, sec. 9, for clause (a) (w.e.f. 6-8-1975).

Section 171B. Bribery

1[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.]

1. Section 171B ins. by Act 39 of 1920, sec. 2.

Section 171C. Undue influence at elections

1[171C. Undue influence at elections.— (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever
(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or

(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,

shall be deemed to interfere with the free exercise of the elec­toral right of such candidate or voter, within the meaning of sub-section (1).

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

1. Section 171C ins. by Act 39 of 1920, sec. 2.

Section 171D. Personation at elections

1[171D. Personation at elections.— Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence or personation at an election:

2[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.]]

1. Section 171D ins. by Act 39 of 1920, sec. 2.

2. Ins. by Act 24 of 2003, sec. 5 (w.e.f. 22-9-2003)

Section 171E. Punishment for bribery

1[171E. Punishment for bribery.— Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:

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

Explanation

“Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provi­sion.]

CLASSIFICATION OF OFFENCE

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

1. Section 171E ins. by Act 39 of 1920, sec. 2.

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

1[171F. Punishment for undue influence or personation at an elec­tion.— Whoever commits the offence of undue influence or persona­tion at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.]

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Section 171F ins. by Act 39 of 1920, sec. 2.

Section 171G. False statement in connection with an election

1[171G. False statement in connection with an election.— Whoever with intent to affect the result of an election makes or publish­es any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.]

CLASSIFICATION OF OFFENCE

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

1. Section 171G ins. by Act 39 of 1920, sec. 2.

Section 171H. Illegal payments in connection with an election

1[171H. Illegal payments in connection with an election.— Whoever without the general or special authority in writing of a candi­date incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publi­cation, or in any other way whatsoever for the purpose of promot­ing or procuring the election of such candidate, shall be pun­ished with fine which may extend to five hundred rupees:

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

CLASSIFICATION OF OFFENCE

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

1. Section 171H ins. by Act 39 of 1920, sec. 2.

Section 171I. Failure to keep election accounts

1[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.]

CLASSIFICATION OF OFFENCE

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

1. Section 171-I ins. by Act 39 of 1920, sec. 2.

Section 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “produce a document in a Court of Justice” (w.e.f. 17-10-2000).

Section 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 1[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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “to produce a document in a Court of Justice” (w.e.f. 17-10-2000).

Section 174. Non-attendance in obedience to an order form public servant

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,

intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,

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

or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprison­ment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

(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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Subs. by the A.O. 1950, for “Supreme Court”.

2. Subs. by the A.O. 1950, for “Zila Judge”.

Section 174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

1[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.]

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Ins. by Act 25 of 2005, sec. 44 (w.e.f. 23-6-2006).

Section 175. Omission to produce document or electronic record to public servant by person legally bound to produce it.

175. Omission to produce 1[document or electronic record] to public servant by person legally bound to produce it.—Whoever, being legally bound to produce or deliver up any 1[document or electronic record] of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hun­dred rupees, or with both,

or, if the 1[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 2[District Court], intentionally omits to produce the same. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).

2 Subs. by the A.O. 1950, for “Zila Court”.

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;

1[or, if the notice or information required to be given is re­quired by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898) with imprison­ment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III

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

1. Added by Act 22 of 1939, sec. 2.

Section 177. Furnishing false information

Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations

(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, willfully 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 being bound under clause 5, section VII, 1[Regulation III, 1821], of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police-station, willfully misinforms the police-officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the later part of this section.

2Explanation

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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Rep. by Act 17 of 1862.

2. Added by Act 3 of 1894.

3. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

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

Whoever refuses to bind himself by an oath 1[or affirmation] to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

1. Rep. by Act 17 of 1862.

Section 179. Refusing to answer public servant authorised to question

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

CLASSIFICATION OF OFFENCE

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

Section 180. Refusing to sign statement

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

CLASSIFICATION OF OFFENCE

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

Section 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 1[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 2[or affirmation], makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

-

1. Ins. by Act 10 of 1873, sec. 15.

2. Ins. by Act 10 of 1873, sec. 15.

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

1[182. False information, with intent to cause public servant to use his lawful power to the injury of another person.— Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

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

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

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

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 3 of 1895, sec. 1, for the original section.

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.

CLASSIFICATION OF OFFENCE

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

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

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

CLASSIFICATION OF OFFENCE

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

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

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

CLASSIFICATION OF OFFENCE

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

Section 186. Obstructing public servant in discharge of public functions

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

CLASSIFICATION OF OFFENCE

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

State Amendment

Andhra Pradesh

Offence under section 186 is cognizable.

[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991]

Section 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 to him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Section 188. Disobedience to order duly promulgated by public servant

Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,

shall, if such disobedience causes to tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance of injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation

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

Illustration

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

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

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.

CLASSIFICATION OF OFFENCE

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

State Amendments

Andhra Pradesh

In Andhra Pradesh offence under section 189 is cognizable.

[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991]

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

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

CLASSIFICATION OF OFFENCE

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

State Amendment

Andhra Pradesh

Offence under section 190 is cognizable.

[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].

Section 191. Giving false evidence

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

Explanation 1

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

Explanation 2

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

Illustrations

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

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

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

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

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

Section 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 Rercord containing a false statement], intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said “to fabricate false evidence”.

Illustrations

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

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

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

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).

Section 193. Punishment for false evidence

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

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation 1

A trial before a Court-martial; 1[* * *] 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. A this enquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation 3

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

Illustration

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

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

-

1. The words “or before a Military Court of Request” omitted by Act 13 of 1889, sec. 2 and Sch.

Section 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 1[by the law for the time being in force in 2[India]] shall be punished with 3[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;

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

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Subs. by the A.O. 1948, for “by the law of British India or England”.

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.

3. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 1[by the law for the time being in force in 2[India] is not capital, but punishable with 3[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Illustration

A gives false evidence before a Court of Justice intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 3[imprisonment for life] or imprisonment, with or without fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1948, for “by the law of British India or England”.

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.

3. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 195A. Threatening any person to give false evidence

1[195A. 2[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.]

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 7 years or fine or both—Cognizable—Non-bailable—Triable by Court by which offence of giving false evidence is triable—Non-compoundable.

Para II

Punishment—Same as for the offence for which the false evidence was given—Cognizable—Non-bail­able—Triable by Court by which offence of giving false evidence is triable—Non-compoundable.

1. Ins. by Act 2 of 2006, sec. 2 (w.e.f. 16-4-2006).

2. Corrected vide Corrigendum, dated 3rd March, 2006.

Section 196. Using evidence known to be false

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

CLASSIFICATION OF OFFENCE

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

Section 197. Issuing or signing false certificate

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

CLASSIFICATION OF OFFENCE

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

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

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

CLASSIFICATION OF OFFENCE

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

Section 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 authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

CLASSIFICATION OF OFFENCE

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

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

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

Explanation

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

CLASSIFICATION OF OFFENCE

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

Section 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 description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment pro­vided for the offence, or with fine, or with both.

Illustration

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

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

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

CLASSIFICATION OF OFFENCE

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

Section 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 year, 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.]

CLASSIFICATION OF OFFENCE

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

-

1. Added by Act 3 of 1894, sec. 6.

2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

Section 204. Destruction of document or electronic record to prevent its production as sevidence

Destruction of 1[document or electronic record] to prevent its production as sevidence.— Whoever secretes or destroys any 1[document or 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 1[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 punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).

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

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

CLASSIFICATION OF OFFENCE

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

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

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

CLASSIFICATION OF OFFENCE

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

Section 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 a 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 knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 208. Fraudulently suffering decree for sum not due

Whoever fraudulently causes or suffer 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 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 office under this section.

CLASSIFICATION OF OFFENCE

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

Section 209. Dishonestly making false claim in Court

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

CLASSIFICATION OF OFFENCE

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

Section 210. Fraudulently obtaining decree for sum not due

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

CLASSIFICATION OF OFFENCE

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

Section 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III

Punishment—Imprisonment for 7 years, and fine—No

n-cognizable—Bailable—Triable by Court of Session—Non-com­poundable.

—–

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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].]

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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III

Punishment—Imprisonment for a quarter of the longest term, and of the description, provided for the offence, or fine, or both—Cognizance—Bailable—Triable by Magistrate of the first class—Non-compoundable.

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

2. Ins. by Act 3 of 1894, sec. 7.

3. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

Section 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III

Punishment—Imprisonment for a quarter of the longest term, provided for the offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

Section 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 1[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 2[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[***]

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III

Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

—-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

2. Subs. by Act 42 of 1953, sec. 4 and Sch. III, for “to restore or cause the restoration of” (w.e.f. 23-12-1953).

3. Subs. by Act 8 of 1882, sec. 6, for the original Exception.

4. Illustrations rep. by Act 10 of 1882, sec. 2 and Sch. I.

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

Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody;

or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours of conceals that person 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.—This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

Punishment—Imprisonment for 3 years, with or without fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para III

Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

2. Ins. by Act 10 of 1886, sec. 23.

3. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

4. The words “or under the Fugitive Offenders Act, 1881,” omitted by Act 3 of 1951, sec. 3 and Sch.

Section 216A. Penalty for harbouring robbers or dacoits

1[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 2[India]

Exception.— This provision does not extend to the case in which the harbour is by the husband or wife of the offender.]

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

—–

1. Ins. by Act 3 of 1894, sec. 8.

2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

Section 216B. Definition of “harbour” in sections 212, 216 and 216A

1[216B. Definition of “harbour” in sections 212, 216 and 216A.— [Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), sec. 3.]]

1. Ins. by Act 3 of 1894, sec. 8.

Section 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 conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-Cogniz­able—Bailable—Triable by Magistrate of the first class—Non-compoundable

Section 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 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-cogniz­able—Bailable—Triable by Magistrate of the first class—Non-compoundable.

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

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or

with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 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.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 7 years, with or without fine—According as the offence in relation to which such omission has been made in cognizable or non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II

Punishment—Imprisonment for 3 years, with or without fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para III

Punishment—Imprisonment for 2 years, with or without fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 1[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 2[imprisonment of 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 2[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 two years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years 7[or if the person was lawfully committed to custody].

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for life, or imprisonment for 14 years, with or without fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

Para II

Punishment—Imprisonment for 7 years, with or without fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Para III

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

1. Ins. by Act 27 of 1870, sec. 8.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

3. The words “or penal servitude for life” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

4. The words “or to” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).

5. The word “transportation” omitted by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956).

6. The words “or penal servitude” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

7. Ins. by Act 27 of 1870, sec. 8.

Section 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.

CLASSIFICATION OF OFFENCE

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

1. Ins. by Act 27 of 1870, sec. 8.

Section 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 custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation

The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.

CLASSIFICATION OF OFFENCE

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

Section 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 1[imprisonment for life] or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

or, if the person to be apprehended, or the person attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to 1[imprisonment for life] 2[***] 3[***] 4[***] 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 1[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III & IV

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

Para V

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

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

2. The words “or to” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).

3. The word “transportation” omitted by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956).

4. The words “penal servitude” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

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

1[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.— Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished
(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and

(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.]

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

—–

1. Sections 225A and 225B subs. by Act 10 of 1886, sec. 24(1), for section 225A which had been ins. by Act 27 of 1870, sec. 9.

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

1[225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.— Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with impris­onment of either description for a term which may extend to six months, or with fine, or with both.]

CLASSIFICATION OF OFFENCE

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

—–

1. Sections 225A and 225B subs. by Act 10 of 1886, sec. 24(1), for section 225A which had been ins. by Act 27 of 1870, sec. 9.

Section 226. Unlawful return from transportation

[Rep. by the Code of Criminal Procedure (Amendment) Act, 1995 (26 of 1995), sec. 117 and Sch. (w.e.f. 1.1.1956).]

Section 227. Violation of condition of remission of punishment

Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.

CLASSIFICATION OF OFFENCE

Punishment—Punishment of original sentence, or if part of the punishment has been undergone, the residue—Cognizable—Non-bailable—Triable by the court by which the original offence was triable—Non-compoundable.

Section 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.

State Amendment

Andhra Pradesh

In Andhra Pradesh offence under section 228 is cognizable.

[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].

CLASSIFICATION OF OFFENCE

Punishment—Simple Imprisonment for 6 months, or fine of 1,000 rupees or both—Non-cognizable—Bailable—Triable by the Court in which the offence is committed, subject to the provisions of Chapter XXVI—Non-compoundable.

Section 228A. Disclosure of identity of the victim of certain offences etc

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 organisation recognised 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.]

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for two years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Para II

Punishment—Imprisonment for two years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

1. Ins. by Act 43 of 1983, sec. 2 (w.e.f. 25-12-1983).

2. Inserted by Section 4 of ‘The Criminal Law (Amendment) Act, 2013′

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.

CLASSIFICATION OF OFFENCE

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

Section 229A. Failure by person released on bail or bond to appear in Court

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.]

CLASSIFICATION OF OFFENCE

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

1. Ins. by Act 25 of 2005, sec. 44 (w.e.f. 23-6-2006)

Section 230. Coin defined

1[Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.]

Indian coin.2[Indian coin is metal stamped and issued by the authority of the Government of India in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.]

Illustrations

(a) Cowries are not coin.

(b) Lumps of unstamped copper, though used as money, are not coin.

(c) Medals are not coin, in as much as they are not intended to be used as money.

(d) The coin denomi­nated as the Company’s rupee is 3[Indian coin].

4[(e) The “Farukha­bad rupee” which was formerly used as money under the authority of the Government of India is 4[Indian coin] although it is no longer so used].

1. Subs. by Act 19 of 1872, sec. 1, for the original first para­graph.

2. Subs. by A.O. 1950, for the former paragraph.

3. Subs. by the A.O. 1950, for “the Queen’s coin”

4. Ins. by Act 6 of 1896, sec. 1.

Section 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 practice deception, or knowing it to be likely that deception will thereby be practiced, causes a genuine coin to appear like a different coin.

CLASSIFICATION OF OFFENCE

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

Section 232. Counterfeiting Indian coin

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting 1[Indian coin], shall be punished with 2[imprisonment for life], or with imprisonment of either description for a term which may extent to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

—-

1. Subs. by the A.O. 1950, for “the Queen’s coin”.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 233. Making or selling instrument for counterfeiting coin

Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 234. Making or selling instrument for counterfeiting Indian coin

Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of , any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting 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.

CLASSIFICATION OF OFFENCE

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

—–

1. Subs. by the A.O. 1950, for “the Queen’s coin”.

Section 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

—-

1. Subs. by the A.O. 1950, for “the Queen’s coin”.

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

Whoever, being within 1[India], abets the counterfeiting of coin out of 1[India], shall be punished in the same manner as if he abetted the counterfeiting of such coin within 1[India].

CLASSIFICATION OF OFFENCE

Punishment—The punishment provided for abetting the counterfeit­ing of such coin within India—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

Section 237. Import or export of counterfeit coin

Whoever imports into 1[India],or exports there from, any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

Section 238. Import or export of counterfeits of the India coin

Whoever imports into 1[India], or exports there from any counterfeit coin, which he knows or has reason to believe to be a counterfeit of 2[Indian coin], shall be punished with imprisonment 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.

CLASSIFICATION OF OFFENCE

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

1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

2. Subs. by the A.O. 1950, for “the Queen’s coin”.

3. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Whoever, having any counterfeit coin, which at the time when he became possessed of it knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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 fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by the A.O. 1950, for “Queen’s coin”.

Section 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 good 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 his section, but B and C are punishable under section 239 or 240, as the case may be.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or 10 times the value of the coin counterfeited, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

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

Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1950, for “Queen’s coin”.

Section 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 1[India], does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

Section 245. Unlawfully taking coining instrument from mint

Whoever, without lawful authority, takes out of any mint, lawfully established in 1[India], any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

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

Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation

A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.

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

Whoever fraudulently or dishonestly performs on 1[any Indian coin] any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1950, for “any of the Queen’s coin”.

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

Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

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

whoever performs on 1[any Indian coin] any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by the A.O. 1950, for “any of the Queen’s coin”.

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

Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

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

Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

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

Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 247 or 249 has been committed, having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

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

Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or 10 times the value of the coin—Cognizable—Non-bailable—Triable by any Magis­trate—Non-compoundable.

Section 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 stamp of one denomination to appear like a genuine stamp of a different denomination.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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 dispose of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compound­able.Section 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 the Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 259. Having possession of counterfeit Government stamp

Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

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

Whoever uses a s genuine any stamp, knowing it to be counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

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

Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever, fraudulently or with intent to cause loss to Government, erase or removes from a stamp issued by the Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sell or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 263A. Prohibition of fictitious stamps

1[263A. Prohibition of fictitious stamps.—(1) Whoever
(a) makes, knowingly utters, deals in or sells any fictitious stamps, or knowingly uses for any postal purpose any fictitious stamp, or

(b) has in his possession, without lawful excuse, any fictitious stamp, or

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp,

shall be punished with fine which may extend to two hundred rupees.

(2) Any such stamps, die, plate, instrument or materials in the possession of any person for making any fictitious stamp 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 the Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

(4) In this section and also in sections 255 to 263, both inclu­sive, the word “Government”, when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorized by law to administer executive Government in any part of India, and also in any part of Her Majesty’s dominions or in any foreign country.]

CLASSIFICATION OF OFFENCE

Punishment—Fine of 200 rupees—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

1. Ins. by Act 3 of 1895, sec. 2.

2. Subs. by Act 42 of 1953, sec. 4 and Sch. III, for “may be seized and” (w.e.f. 23-12-1953).

Section 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 or either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 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 different weight or measure form what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 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[* * *] intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

1. The word “and” omitted by Act 42 of 1953, sec. 4 and Sch. III (w.e.f. 23-12-1953).

Section 267. Making or selling false weight or measure

Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 268. Public nuisance

A person is guilty of a public nuisance who does not 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.

Section 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 month, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 271. Disobedience to quarantine rule

Whoever knowingly disobeys any rule made and promulgated 1[by the 2[* * *] Government 3[* * *] for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

1. Subs. by the A.O. 1937, for “by the Government of India or by any Government”.

2. The words “Central or any Provincial” omitted by the A.O. 1950.

3. The words “or the Crown Representative” omitted by the A.O. 1948.

272. Adulteration of food or drink intended for sale

Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

STATE AMENDMENTS

Orissa

In section 272 for the words “shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”, the following shall be substitut­ed, namely:
“shall be punished with imprisonment for life and shall also be liable to fine:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life.”

[Vide Orissa Act 3 of 1999, sec. 2 (w.e.f. 27-1-1999)].

Uttar Pradesh

In section 272 for the words “shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both” the following shall be substitut­ed, namely:
“shall be punished with imprisonment for life and shall also be liable to fine:

Provided that the court may, for adequate reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life.”

[Vide Uttar Pradesh Act 47 of 1975, sec. 3 (w.e.f. 15-9-1975)].

West Bengal

In section 272 for the words “of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both” the following shall be substituted, namely:
“for life with or without fine:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment which is

less than imprisonment for life.”

[Vide West Bengal Act 42 of 1973, sec. 3 (w.e.f. 29-4-1973)].

Section 273. Sale of noxious food or drink

Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

State Amendments

In section 273, State Amendments are the same as under section 272.

Section 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.

CLASSIFICATION OF OFFENCE

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

State Amendments

In section 274, State Amendments are the same as under section 272.

Section 275. Sale of adulterated drugs

Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

State Amendments

In section 275, State Amendments are the same as under section 272.

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

Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

State Amendments

In section 276, State Amendments are the same as under section 272.

Section 277. Fouling water of public spring or reservoir

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

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

Section 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 neighborhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

CLASSIFICATION OF OFFENCE

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

Section 279. Rash driving or riding on a public way

Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

Section 279. Rash driving or riding on a public way

Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

Section 280. Rash navigation of vessel

Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

Section 281. Exhibition of false light, mark or buoy

Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

Section 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 or either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 200 rupees—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Section 284. Negligent conduct with respect to poisonous substance

Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person,

or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

Section 286. Negligent conduct with respect to explosive substance

Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

Section 287. Negligent conduct with respect to machinery

Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

Section 289. Negligent conduct with respect to animal

Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 200 rupees—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Section 291. Continuance of nuisance after injunction to discontinue

Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 292. Sale, etc., or obscene books, etc

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 person, 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, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or

(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or

(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or

(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or

(e) offers or attempts to do any act which is an offence under this section,

shall be punished 4[on first conviction with im­prisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees].

5[Exception.—This section does not extend to
(a) any book, pamphlet, paper, writing, drawing, painting, repre­sentation or figure
(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or

(ii) which is kept or used bona fide for religious purposes;

(b) any representation sculptured, engraved, painted or otherwise represented on or in
(i) any ancient monument within the meaning of the Ancient Monu­ments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or

(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]]

CLASSIFICATION OF OFFENCE

Punishment—On first conviction, with imprisonment for 2 years, and with fine of 2,000 rupees, and, in the event of second of subsequent conviction, with imprisonment for five years and with fine of 5,000 rupees—Cognizable—Bailable—Triable by any Magis­trate—Non-compoundable.

STATE AMENDMENTS

Orissa

Same as in Tamil Nadu.

[Vide Orissa Act 13 of 1962, sec. 2 (w.e.f. 16-5-1962)].

Tamil Nadu

In section 292, for the words “shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both” substitute the following, namely:
“shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either de­scription for a term which shall not be less than six months and not more than two years and with fine.

[Vide Tamil Nadu Act 25 of 1960, sec. 2 (w.e.f. 9-11-1960)].

Orissa

Section 292A

Same as in Tamil Nadu.

[Vide Orissa Act 13 of 1962, sec. 3 (w.e.f. 16-5-1962)].

Tamil Nadu

After section 292, insert the following new section namely:
292A. Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail.—Whoever,
(a) prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail; or

(b) sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or

(c) conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire distributed or publicly exhibited or in any manner put into circulation; or

(d) takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased; or

(e) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any Act which is an offence under this section, or that any such newspaper, periodi­cal, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail, can be procured from or through any person; or

(f) offers or attempts to do any act which is an offence under this section *[shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both]:

Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either de­scription for a term which shall not be less than six months **[and not more than two years].

Explanation I

For the purposes of this section, the word scur­rilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person:

Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of
(i) a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; or

(ii) any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further.

Explanation II

In deciding whether any person has committed an offence under this section, the court shall have regard inter alia, to the following considerations
(a) The general character of the person charged, and where rele­vant the nature of his business;

(b) the general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail;

(c) any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts speci­fied in this section.

[Vide Tamil Nadu Act 25 of 1960, sec. 3 (w.e.f. 9-11-1960)].

* Subs. by Tamil Nadu Act 30 of 1984.

** Ins. by Tamil Nadu Act 30 of 1984, sec. 2 (w.e.f. 28-6-1984).

—–

1. Subs. by Act 8 of 1925, sec. 2, for the original section.

2. Ins. by Act 36 of 1969, sec. 2 (w.e.f. 7-9-1969).

3. Section 292 renumbered as sub-section (2) thereof by Act 36 of 1969, sec. 2 (w.e.f. 7-9-1969).

4. Subs. by Act 36 of 1969, sec. 2, for certain words (w.e.f. 7-9-1969).

5. Subs. by Act 36 of 1969, sec. 2, for Exception (w.e.f. 7-9-1969).

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

1[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 2[on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees].]

CLASSIFICATION OF OFFENCE

Punishment—On first conviction, with imprisonment for 3 years, and with fine of 2,000 rupees, and, in the event of second of subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees—Cognizable—Bailable—Triable by any Magis­trate—Non-compoundable.

STATE AMENDMENTS

Orissa

Same as in Tamil Nadu.

[Vide Orissa Act 13 of 1962, sec. 4 (w.e.f. 16-5-1962)].

Tamil Nadu

In Section 293,
(a) for the words “any such obscene object as is referred to in the last preceding section” the words, figures and letter “any such obscene object as is referred to in section 292 or any such newspaper, periodical, circular, picture or other printed or written document as is referred to in section 292-A” shall be substituted;

(b) for the words “which may extend to six months” the words “which may extend to three years” shall be substituted;

(c) in the marginal note, after the words “obscene objects” the words “any grossly indecent or scurrilous matter intended for blackmail shall be inserted.”

[Vide Tamil Nadu Act 25 of 1960, sec. 4 (w.e.f. 9-11-1960)].

—-

1. Subs. by Act 8 of 1925, sec. 2, for the original section.

2. Subs. by Act 36 of 1969, sec. 2, for certain words (w.e.f. 7-9-1969).

Section 294. Obscene acts and songs

1[294. Obscene acts and songs.—Whoever, to the annoyance of others
(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,

shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 3 of 1895, sec. 3, for the original section.

Section 294A. Keeping lottery office

1[294A. Keeping lottery office.—Whoever keeps any office or place for the purpose of drawing any lottery 2[not being 3[a State lottery] or a lottery authorised by the 4[State] Govern­ment], shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.]

CLASSIFICATION OF OFFENCE

Para I

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

Para II

Punishment—Fine of 1,000 rupees—Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

STATE AMENDMENTS

Andhra Pradesh

Section 294A is repealed.

[Vide Andhra Pradesh Act 16 of 1968, sec. 27 (w.e.f. 1-2-1969)].

Gujarat

Section 294A is repealed.

[Vide Bombay Act 82 of 1958, sec. 33 read with Bombay Act 11 of 1960, sec. 87].

Karnataka

In Karnataka area except Ballary District, section 294A is repealed.

[Vide Mysore Act 27 of 1957, sec. 33].

Maharashtra

Section 294A is repealed.

[Vide Bombay Act 82 of 1958, sec. 33 (w.e.f. 1-5-1959)]

Manipur

Section 294A is repealed.

[Vide Manipur Act 2 of 1992, sec. 30 (w.e.f. 6-8-1992)].

Uttar Pradesh

Section 294A Omitted.

[Vide Uttar Pradesh Act 24 of 1995, sec. 11].

1. Ins. by Act 27 of 1870, sec. 10.

2. Subs. by the A.O. 1937, for “not authorised by Government”.

3. Subs. by Act 3 of 1951, sec. 3 and Sch., for “a lottery orga­nised by the Central Government or the Government of a Part A State or a Part B State”.

4. Subs. by the A.O. 1950, for “Provincial”.

Section 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 a 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.

CLASSIFICATION OF OFFENCE

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

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

1[295A. Deliberate and malicious acts, intended to outrage religious feelings or 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 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.]

CLASSIFICATION OF OFFENCE

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

1. Ins. by Act 25 of 1927, sec. 2.

2. Subs. by the A.O. 1950, for “His Majesty’s subjects”.

3. Subs. by Act 41 of 1961, sec. 3, for certain words (w.e.f. 27-9-1961).

4. Subs. by Act 41 of 1961, sec. 3, for “two years” (w.e.f. 27-9-1961).

Section 296. Disturbing religious assembly

Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 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 or 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 from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies,

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

CLASSIFICATION OF OFFENCE

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

Section 298. Uttering, words, etc., with deliberate intent to wound the religious feelings of any person

Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compounded by the person whose religious feelings are intended to be wounded.

State Amendment

Andhra Pradesh

In Andhra Pradesh offence under section 298 is cognizable.

[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].

Section 299. Culpable homicide

Who ever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Illustrations

(a) A lays sticks and turf over a pit, with the intention of there by 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 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 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.

Section 300. Murder

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or
Secondly.—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or
Thirdly.—If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be in­flicted is sufficient in the ordinary course of nature to cause death, or
Fourthly.—If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Illustrations

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been suffi­cient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.

(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z’s death.

(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.

Exception 1.—When culpable homicide is not murder.—Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is subject to the following provisos:
First.—That the provocation is not sought or voluntarily pro­voked by the offender as an excuse for killing or doing harm to any person.

Secondly.—That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exer­cise of the powers of such public servant.

Thirdly.—That the provocation is not given by anything done in the lawful exercise of the right of private defence.

Explanation

Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Illustrations

(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.

(b) Y gives grave and sudden provocation to A. A, on this provo­cation, fires a pistol at Y, neither intending nor knowing him­self to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.

(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers.

(d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A’s deposition, and that A has per­jured himself. A is moved to sudden passion by these words, and kills Z. This is murder.

(e) A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defence.

(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homi­cide, but A is guilty of murder.

Exception 2.—Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

Illustration

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.

Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.

Explanation

It is immaterial in such cases which party offers the provocation or commits the first assault.

Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Illustration

A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.

‘And commits such act without any excuse for incurring the risk of causing death’

Merely causing death, by doing an act with the knowledge that is so imminently dangerous that it must, in all probability cause death, is not murder. In order that an act, done with such knowledge, should constitute murder, it is necessary that it should be committed without any excuse for incurring the risk of causing the death or bodily injury. An act, done with the knowledge of its consequences, is not prima facie murder, it becomes murder only if it can be positively affirmed that there was no excuse. The requirements of the section are not satisfied by the act of homicide being one of extreme recklessness. It must, in addition, be wholly in inexcusable. When a risk in incurred even a risk of the gravest possible character which must normally result in death, the taking of that risk is not murder unless it was inexcuatble to take it; Emperor v. Dhirajia, AIR 1940 All 486; Gyarsibai w/o Jagannath v. State, AIR 1953 MB 61.

Clause ‘thirdly’ of section 300 distinguished from the second clause of section 299

The difference between the second clause of section 299 and clause ‘thirdly’ of section 300 to one of degree of probability of death resulting from the intended bodily injury. To put it more broadly, it is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium, or lowest degree. The word likely in second clause of section 299 conveys the sense of probable as distinguished from a mere possibility. The words ‘bodily injury ………… sufficient in the ordinary course of nature to cause death’, in clause thirdly of section 300, mean that death will be the most probable result of the injury having regard to the ordinary course of nature; State of Andhra Pradesh v. Rayavarpu Punayya, AIR 1977 SC 45.

Consent

Circumstantial evidence is not sufficient to convict ac­cused when possibility of deceased receiving fatal injury by fall cannot be ruled out; State of Rajasthan v. Kamla, (1991) Cr LJ 602 (SC).

Essential of murder

(i) Having regard to the number of injuries inflicted on the deceased it was not possible to uphold the contention that there was no intention to kill; Prabhu v. State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC).

(ii) When there was no evidence as to how death came about, evidence relating to charge of murder was held to be insufficient and unacceptable; Kedar Nath v. State of Madhya Pradesh, (1991) Cr LJ 989 (SC).

Exception 4: Heat of passion

Mere sudden quarrel would not entitle the accused to seek for Exception 4 to section 300; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2 Crimes 185 (Mad).

Exception 4: Scope and applicability of

To invoke Exception 4 to section 300, four requirements must be satisfied, namely (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in a heat of pas­sion; and (iv) the assailant had not taken any undue advantage or acted in a cruel manner… The number of wounds caused during the occurrence is not a decisive factor but what is important is that the occurrence must have been sudden and unpremeditated and the offender must have acted in a fit of anger. Of course, the of­fender must not have taken any undue advantage or acted in a cruel manner. Where, on a sudden quarrel, a person in the heat of the moment picks up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of this Exception provided he has not acted cruelly; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2 Crimes 185 (Mad).

Fight

Where a mutual conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, it will not be correct to assume private defence for both sides. Such a case will be a case of sudden fight and conflict and has to be dealt with under Exception 4 to section 300 of the Code; Januram v. State of Madhya Pradesh, (1997) 2 Crimes 582 (MP).

Injuries on vital and non-vital parts of body of the deceased

Infliction of the injury on the vital part of the body with the agricultural instrument by the enraged accused in a sudden quarrel—Held, accused did not cause the injury intentionally; Patel Rasiklal Becharbhai v. State of Gujarat, AIR 1992 SC 1150.

Injury which is likely to cause death and injury which is sufficient in ordinary course of nature to cause death

(i) Accused inflicted 18 injuries in the arms and legs of the deceased with a gandasa. None of the injuries was on a vital part of the body of the deceased. The obvious motive was revenge because the deceased’s son had caused a serious leg injury which resulted in the amputations of the leg of P, the son of appellant. The Court held that one of the injuries inflicted by the appellant was on a vital part of the body of the deceased whom the appellant had no intention to kill, at the same time though he had no intention to kill, the appellant must have known that he was inflicting such bodily injuries as were likely to cause death as a consequence of which death did happen. The appellants conviction for murder was accordingly altered to one for culpable homicide; Kapur Singh v. State of Pepsu, AIR 1956 SC 654.

(ii) It was held by the Supreme Court that whether the injury intended by the accused and actually inflicted by him is sufficient in the ordinary course of nature to cause death or not, must be determined in each case on the basis of the facts and circumstances. In the instant case, the injury caused was the result of blow with a knife in the stomach which was given with such force that the weapon had penetrated the abdomen and had injured the bowels. According to the doctor the injury was sufficient in the ordinary course of nature to cause death. Therefore, in the absence of any circumstances to show that the injury was caused accidentally or unintentionally, it had to be presumed that the accused had intended to cause the inflicted injury and the condition of cl. (3) of section 300, I.P.C. were satisfied. Conviction under section 302 was upheld; Virsa Singh v. State of Punjab, AIR 1958 SC 465.

(iii) The appellant had given six blows with a lathi stick on the head of the deceased, one of which fractured his skull. The deceased died three weeks after the incident. The injury which broke the skull had caused a depression in the brain and death was due to brain hemorrhage. It was held that the accused was liable under section 304 for culpable homicide. The Court held that even though the blows were inflicted by the appellant on the head of the deceased with force, the lathi not being an iron rod and the deceased being a young man strongly built the appellant could not under the circumstances be held to have been actuated with the intention of causing the death of the deceased nor do one could think despite the medical evidence that the injury was sufficient in the ordinary course of nature to cause death. Seeing that he survived for three weeks and looking on the doctor’s admission that an injury of that kind is not incurable; Inder Singh Bagga Singh v. State of Pepsu, AIR 1955 SC 439.

Intention and knowledge

It is fallacious to contend that when death is caused by a single blow, clause thirdly is not attracted and, therefore, it would not amount to murder. The ingredient ‘intention’ in that clause gives clue in a given case whether offence involved is murder or not; Jai Prakash v. State (Delhi Administration), (1991) 1 Crimes 474 (SC).

Proof of sufficiency of the injury to cause death

(i) Where evidence of both eye witnesses reliable and well corroborated by medical and other evidence on record inspires confidence that accused had intention to kill deceased then conviction is liable to be sustained; Robba Ramanna Dora v. State of Andhra Pradesh, 2000 Cr LJ 118 (AP).

(ii) Where the ocular evidence is explicit and fully supported by medical evidence and evidence of other witnesses and evidence of witnesses who apprehended the accused after some hours of occurrence with blood stained weapon then absence of proof of motive will not render the entire prosecution case unbelievable, therefore, charge of murder against accused proved beyond all reasonable doubt; Ram Nath Novia v. State of Bihar, 2000 Cr LJ 318 (Pat).

(iii) Where the evidence of eye witnesses regarding assault to deceased by accused persons was truthful, reliable and clearly corroborated by medical evidence and common intention of accused persons to commit murder of deceased also proved therefore conviction under section 300/34 is proper; Ratan Debnath v. State of Tripura, 2000 Cr LJ 237 (Gau).

(iv) Chain of evidence must be complete with fully established circumstances not to leave any reasonable ground for a conclusion consistent with the innocence of accused. It should be of conclusive nature; Arvind v. State (Delhi Admn.), 1999 (4) SCC 4861: 1999 (3) JT 554.

Provocation must be grave

The test of “grave and sudden” provocation is whether a reasonable man, belonging to the same class of society as the accused, placed in the situation in which the accused was placed would be so provoked as to lose his self-control. (2) In India, words and gestures may also, under certain circumstances, cause grave and sudden provocation to an accused so as to bring his act within the First Exception to section 300. (3) The mental back­ground created by the previous act of the victim may be taken into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence; Venkatesan v. State of Tamil Nadu, (1997) 3 Crimes 146 (Mad).

Reasonable man’s—Test

The accused, a naval officer, was charged with the murder of P, a businessman of Bombay, for having illicit intimacy with his wife. On coming to know from his wife about the illicit relationship with the deceased, he went to the ship, took from the stores a semi-automatic revolver and six cartridges on a false pretext, loaded the same, went to the flat of P entered in his bedroom and shot him dead after a heated exchange of words. The court held that the test to be applied is that of the effect of the provocation on a reasonable man; and in applying that test it is of particular importance to consider whether a sufficient interval has elapsed since the receiving of the information which caused the provocation to allow a reasonable man to cool down; K.M. Nanavati v. State of Maharasthra, AIR 1962 SC 605.

Scope

It is now well settled principle of law that if two views are possible, one in favour of the accused and the other adversely against it, the view favouring the accused must be accepted; Raghunath v. State of Haryana, AIR 2003 SC 165.

With the knowledge that he is likely, by such act, to cause death

(i) In case of murder in which the conclusion of guilt is drawn by prosecution it must be fully established beyond all reasonable doubt and consistent with the guilt of the accused; S.D. Soni v. State of Gujarat, (1991) Cr LJ 330 (SC).

(ii) Legislature had advisedly used the words: “bodily injury as the offender knows to be likely to cause death”. Therefore, from an understanding of the legislative intent of section 300, I.P.C., a culpable homicide becomes murder if the attacker causes an injury which he knows is likely to cause death and, of course, consequent to such injury, the victim should die; State of Rajashtan v. Dhool Singh, AIR 2004 SC 1264.

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

If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

Section 302. Punishment for murder

Whoever commits murder shall be punished with death, or 1[imprisonment for life] and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 303. Punishment for murder by life-convict

Whoever, being under sentence of 1[imprisonment for life], commits murder, shall be punished with death.

CLASSIFICATION OF OFFENCE

Punishment—Death—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

—–

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 304A. Causing death by negligence

1[304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]

CLASSIFICATION OF OFFENCE

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

1. Ins. by Act 27 of 1870, sec. 12.

Section 304B. Dowery death

1[304B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

Explanation

For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with imprison­ment for a term which shall not be less than seven years but which may extend to imprisonment for life.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment of not less than 7 years but which may extend to imprisonment for life—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

1 Ins. by Act 43 of 1986, sec. 10 (w.e.f. 19-11-1986).

Section 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.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 306. Abetment of suicide

If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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.2[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.]

llustrations

(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.

(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 3[the first paragraph of] this section.

(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servant to place it on Z’s table. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

Para III

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

—-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

2. Ins. by Act 27 of 1870, sec. 11.

3. Ins. by Act 12 of 1891, sec. 2 and Sch. II.

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 amount to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and if hurt is caused to any person by such Act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Illustration

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

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 term which may extend to one year 1[ or with fine, or with both].

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 1 year, or fine or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

1. Subs. by Act 8 of 1882, sec. 7, for “and shall also be liable to fine”.

Section 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.

Section 311. Punishment

Whoever is a thug, shall be punished with 1[imprisonment for life] and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 312. Causing miscarriage

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation

A woman who causes herself to miscarry, is within the meaning of this section.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

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

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 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.

CLASSIFICATION OF OFFENCE

Para I

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

—-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Whoever, with intent to cause the miscarriage of woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term may extend to ten years, and shall also be liable to fine.

If act done without woman’s consent.— And if the act is done without the consent of the woman, shall be punished either with 1[imprisonment for life] or with the punishment above mentioned

Explanation

It is not essential to this offence that the offender should know that the act is likely to cause death.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

Punishment—Imprisonment for life, or as above—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

—-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Illustration

A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die, but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

CLASSIFICATION OF OFFENCE

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

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, 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 dies in consequence of the exposure.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

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

Whoever, by secretly burying or otherwise disposing of the death body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 319. Hurt.

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Section 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.

Section 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”.

Section 322. Voluntarily causing grievous hurt

Whoever voluntarily causes hurt, if the hurt which the intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.

Explanation

A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind; he actually causes grievous hurt of another kind.

Illustration

A, intending or knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which cause Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.

Section 323. Punishment for voluntarily causing hurt

Whoever, except in the case provided for by section 334,voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compounded by the person to whom the hurt is caused.

Section 324. Voluntarily causing hurt by dangerous weapons or means

Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

Section 325. Punishment for voluntarily causing grievous hurt

Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, and fine—Cognizable—Bail­able—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

Section 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 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

1[326A. 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.

  1. 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.]

1 Inserted by Section 5 of ‘The Criminal Law (Amendment) Act, 2013′

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

Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

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

Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt such person, or with intent to commit or to facilitate the commission of an offence or knowing in to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, 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 guilty of an offence under this section.

(b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.

(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.

CLASSIFICATION OF OFFENCE

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

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.

CLASSIFICATION OF OFFENCE

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

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

Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 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.

Section 334. Voluntarily causing hurt on provocation

Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 month, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compound­able by the person to whom the hurt is caused.

Section 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 Explanation 1, section 300.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 4 years, or fine of 2000 rupees, or both—Cognizable-Bailable—Triable by Magistrate of the first class—Compoundable by the person to whom hurt is caused with the permission of the court.

-

1. Ins. by Act 8 of 1882, sec. 8.

Section 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 term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 250 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Section 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 term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

Section 339. Wrongful restraint

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has 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 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.

Section 340. Wrongful confinement.

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.

Illustrations

(a) A causes Z to go within a walled space, and locks Z in. A is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.

(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

Section 341. Punishment for wrongful restraint

Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term, which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person restrained or confined.

Section 342. Punishment for wrongful Confinement

Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person restrained or confined.

Section 343. Wrongful confinement for three or more days

Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person confined with the permission of the court.

Section 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 any extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person confined with the permission of court.

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

Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this chapter.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years in addition to imprisonment under any other section—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Section 346. Wrongful confinement in secret

Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, in addition to imprison­ment under any other section—Cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person confined with the permission of the court.

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

Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bail­able—Triable by any Magistrate—Non-compoundable.

Section 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 led to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bail­able—Triable by any Magistrate—Non-compoundable.

Section 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.

Section 350. Criminal force

Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Illustrations

(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part, A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing in 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 reading in a chariot. A lashes Z’s horses, and thereby causes them to quicken there pace. Here Z has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.

(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused 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 in to contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z’s clothes. A has used force to Z; and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has criminal force by Z.

(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.

(g) Z is bathing, A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with that water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and 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.

Section 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 as 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.

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

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Explanation

Grave and sudden provocation will not mitigate the punishment for an offence under this section. If the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or

if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or

if the provocation is given by anything done in the lawful exer­cise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Non-Cognizable—Bailable—Triable by any Magistrate—Compound­able by the person assaulted or to whom criminal force is used.

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

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, 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.]

CLASSIFICATION OF OFFENCE

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

State Amendments

Andhra Pradesh

For section 354, the following section shall be substituted, namely
354. Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term which may be less than five years but which shall not be less than two years.

[Vide Andhra Pradesh Act 6 of 1991].

Madhya Pradesh

After section 354, the following new section shall be inserted, namely
354A. Assault or use Criminal force to woman with intent to disrobe her.—Whoever assaults or uses criminal force to any woman or abets or conspires to assault or uses such criminal force to any woman intending to outrage or knowing it to be likely that by such assault, he will thereby outrage or causes to be outraged the modesty of the woman by disrobing or compel her to be naked on any public place, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years and shall also be liable to fine.”.

[Vide Madhya Pradesh Act 14 of 2004, sec. 3 (w.e.f. 2-12-2004)].

Orissa

In the First Schedule to the Code of Criminal Procedure, 1973 in the entry under column 5 relating to section 354 of the Indian Penal Code 1860 for the word ‘bailable’ the word ‘non-bailable’ shall be substituted.

[Vide Orissa Act 6 of 1995, sec. 3 (w.e.f. 10-3-1995)].

1. Inserted by Section 7 of ‘The Criminal Law (Amendment) Act, 2013′

Section 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 for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-Cognizable—Bailable—Triable by any Magistrate—Compounded by the person assaulted or to whom criminal force is used.

State Amendment

Andhra Pradesh

Offence under section 355 is non-cognizable, bailable and triable by any Magistrate.

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

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

Whoever assault 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, with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compound­able by the person assaulted or to whom the force was used with the permission of the court.

Section 358. Assault or criminal force on grave provocation

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Explanation

The last section is subject to the same Explanation as section 352.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for one month, or fine of 200 rupees, or both—Non-cognizable—Bailable—Triable by any Magis­trate—Compoundable by the person assaulted or to whom criminal force is used.

Section 359. Kidnapping

Kidnapping is of two kinds: kidnapping from 1[India], and kidnapping from lawful guardianship.

—–

1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

Section 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].

—-

1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

Section 361. Kidnapping from lawful guardianship

Whoever takes or entices any minor under 1[sixteen] years of age if a male, or under 2[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 lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

STATE AMENDMENT

Manipur

In section 361 for the words ‘eighteen’ substitute the word ‘fifteen’.

[Vide Manipur Act 30 of 1950, sec. 3 (w.e.f. 16-4-1950), read with Act 81 of 1971, sec. 3 (w.e.f. 25-1-1972)].

1. Subs. by Act 42 of 1949, sec. 2, for “fourteen”.

2. Subs. by Act 42 of 1949, sec. 2, for “sixteen”.

Section 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.

Section 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.

CLASSIFICATION OF OFFENCE

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

State Amendment

Uttar Pradesh

In Uttar Pradesh the offence under section 363, I.P.C. is non-bailable.

[Vide Uttar Pradesh Act 1 of 1984, sec. 12 (w.e.f. 1-5-1984)].

-

1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

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

1[363A. Kidnapping or maiming a minor for purposes of begging.—(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with 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, fortune-telling, performing tricks or selling articles or otherwise;

(ii) entering on any private premises for the purpose of solicit­ing or receiving alms;

(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;

(iv) using a minor as an exhibit for the purpose of soliciting or receiving alms;

(b) ‘minor’ means
(i) in the case of a male, a person under sixteen years of age; and

(ii) in the case of a female, a person under eighteen years of age.]

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-com­poundable.

Para II

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

1. Ins. by Act 52 of 1959, sec. 2 (w.e.f. 15-1-1960).

Section 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 1[imprisonment for life] or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Illustrations

(a) A kidnaps Z from 2[India], intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section..

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

Section 364A. Kidnapping for ransom, etc.

1[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 2[any foreign State or international inter-governmental organization 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].

Classification of Offence

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

1. Ins. by Act 42 of 1993, sec. 2 (w.e.f. 22-5-1993).

2. Subs. by Act 24 of 1995, for “any other person” (w.e.f. 26-5-1995).

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

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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 she will be, forced or seduced to illicit intercourse with another person shall be punished as aforesaid].

CLASSIFICATION OF OFFENCE

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

1. Added by Act 20 of 1923, sec. 2.

Section 366A. Procreation of minor girl

1[366A. procreation of minor girl.—Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.]

CLASSIFICATION OF OFFENCE

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

1. Ins. by Act 20 of 1923, sec. 3.

Section 366B. Importation of girl from foreign country

1[366B. Importation of girl from foreign country.—Whoever imports into 2[India] from any country outside India 3[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, 4[***] shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.]

CLASSIFICATION OF OFFENCE

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

-

1. Ins. by Act 20 of 1923, sec. 3.

2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

3. Ins. by Act 3 of 1951, sec. 3 and Sch.

4. Certain words omitted by Act 3 of 1951, sec. 3 and Sch.

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

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

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

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.

CLASSIFICATION OF OFFENCE

Punishment—Punishment for kidnapping or abduction—Cognizance—Non-bailable—Triable by court by which the kidnapping or abduction is triable—Non-compoundable.

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

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 370. Substitution of new sections 370 and 370A for section 370.

1[370. (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

  1. — using force, or any other form of coercion, or
  2. — by abduction, or
  3. — by practising fraud, or deception, or
  4. — 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 over the 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.— The consent 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. (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.]

1. Inserted by Section 8 of ‘The Criminal Law (Amendment) Act, 2013′

Section 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 the years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 372. Selling minor for purposes of prostitution, etc.

Whoever sells, lets to hire, or otherwise disposes of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

2[Explanation I

When a female under the age of eighteen years sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

Explanation II

For the purposes of this section “illicit intercourse” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi -marital relation].

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 18 of 1924, sec. 2, for certain words.

2. Ins. by Act 18 of 1924, sec. 3.

Section 373. Buying minor for purposes of prostitution, etc.

Whoever buys, hires or otherwise obtains possession of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be] employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

2[Explanation I

Any prostitute or any person keeping or manag­ing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the con­trary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

Explanation II

“Illicit intercourse” has the same meaning as in section 372.]

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 18 of 1924, sec. 2, for certain words.

2. Ins. by Act 18 of 1924, sec. 4.

Section 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 both.

CLASSIFICATION OF OFFENCE

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

Section 375. Rape

1[375. 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:

  1. —Against her will.
  2. —Without her consent.
  3. —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.
  4. —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.
  5. —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.
  6. —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.]

1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′

Section 376. Punishment for rape

1[376. (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

(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;

(d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.]

1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′.

Section 376A. Intercourse by a man with his wife during separation

1[376A. Whoever, commits an offence punishable under sub-section (1) or subsection

(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.]

—–

1.Inserted by Section 376A of ‘The Criminal Law (Amendment) Act, 2013′.

Section 376B. Intercourse by public servant with woman is his custody

1[376B. 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.

  1. —In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.]

—–

1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′.

Section 376C. Intercourse by superintendent of jail, remand home, etc.

1[376C. 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 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.]

—–

1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′.

Section 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital

1[376D. 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.]

—–

1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′.

1[376E. 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.’]

1. Inserted by Section 9 of ‘The Criminal Law (Amendment) Act, 2013′.

Section 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 term which may extend to ten years, and shall also be liable to fine.

Explanation

Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 378. Theft

Whoever, intending to take dishonestly any moveable property out of the possession of any person without that per­son’s consent, moves that property in order to such taking, is said to commit theft.

Explanation 1

A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2

A moving effected by the same act which affects the severance may be a theft.

Explanation 3

A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by sepa­rating it from any other thing, as well as by actually moving it.

Explanation 4

A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5

The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for 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.

(d) A, being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft.

(e) Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.

(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonest­ly removes it, A commits theft.

(g) A finds a ring lying on the highroad, not in the possession of any person. A by taking it, commits no theft, though he may commit criminal misappropriation of property.

(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.

(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed crimi­nal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.

(j) If A owes money to Z for repairing the watch, and if Z re­tains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly.

(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly.

(l) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft.

(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.

(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft.

(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.

(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft.

Section 379. Punishment for theft

Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Compoundable by the owner of the property stolen with the permission of the court.

Section 380. Theft in dwelling house, etc

Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

STATE AMENDMENT

Tamil Nadu

Section 380 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:
“(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigor­ous imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than two years.”

[Vide Tamil Nadu Act 28 of 1993, sec. 2 (w.e.f. 13-7-1993)].Section 381. Theft by clerk or servant of property in possession of master

Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Compounded by the owner of the property stolen with the permission of the court.

Section 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 restrain, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Illustrations

(a) A commits theft on property in Z’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.

(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 10 years and fine—Cogniza­ble—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Section 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 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 give 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 promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.

(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing and deliver the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.

Section 384. Punishment for extortion

Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

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

Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

Section 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 o that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compound­able.

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

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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].

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punished 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 term which may extend to ten years, and shall also be liable to fine; and, if the offence be punished under section 377 of this Code, may be punished with 1[imprisonment for life].

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-com­poundable.

Para II

Punishment—Imprisonment for life—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery.—Extortion is “robbery” if the offend­er, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

Explanation

The offender is said to be present if he is suffi­ciently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Illustrations

(a) A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed rob­bery.

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

(c) A meets Z and Z’s child on the high road. A takes the child and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.

(d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.

Section 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”.

Section 392. Punishment for robbery

Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II

Punishment—Rigorous imprisonment for 14 years, and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Section 393. Attempt to commit robbery

Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Section 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.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).

Section 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 term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for not less than 7 years—Cog­nizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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

If, at the time of attempting to commit robbery or dacoity, the offender armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for not less than 7 years—Cog­nizable—Non-bailable—Triable by Court of Session—Non-compoundable.

Section 399. Making preparation to commit dacoity

Whoever makes, any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 10 years and fine—Cogniza­ble—Non-bailable—Triable by Court of Session—Non-compoundable.

Section 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.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 401. Punishment for belonging to gang of thieves

Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 402. Assembling for purpose of committing dacoity

Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

Section 403. Dishonest misappropriation of property

Whoever dishonestly mis-appropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations

(a) A takes property belonging to Z out of Z’s possession, in good faith, believing, at any time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

(c) A and B, being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.

Explanation I

A dishonest misappropriation for a time only is a misappropriation with the meaning of this section.

Illustration

A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section.

Explanation 2

A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting if for, or of restoring it to, the owner does not take or misappropriate it dishonestly, and is not guilty of an of­fence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the proper­ty a reasonable time to enable the owner to claim it.

What are reasonable means or what is a reasonable time in such a case, is a question of fact.

It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found.

Illustrations

(a) A finds a rupee on the high road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section.

(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an of­fence under this section.

(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to dis­cover the owner. He is guilty of an offence under this section.

(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.

(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the owner of the property misappropriated with the permission of the court.

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.

CLASSIFICATION OF OFFENCE

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

If by clerk or person employed by deceased:

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

Section 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 willfully suffers any other person so to do, commits “criminal breach of trust”.

1[Explanation 2[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 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 appropriate them to his own use. A has committed criminal breach of trust.

(b) A is a warehouse-keeper. Z gong on a Journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.

(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust.

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.

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

1. Ins. by Act 40 of 1973, sec. 9 (w.e.f. 1-11-1973).

2. Explanation renumbered as Explanation 1 by Act 38 of 1975, sec. 9 (w.e.f. 1-9-1975).

3. Ins. by Act 33 of 1988, sec. 27 (w.e.f. 1-8-1988).

4.Ins. by Act 38 of 1975, sec. 9 (w.e.f. 1-9-1975).

Section 406. Punishment for criminal breach of trust

Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.

Section 407. Criminal breach of trust by carrier, etc.

Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which the breach of trust has been committed with the permission of the court.

Section 408. Criminal breach of trust by clerk or servant

Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compounded by the owner of the property in respect of which the breach of trust has been committed with the permission of the court.

Section 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 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 1[***] criminal breach of trust has been committed, is designed as “stolen property”, 2[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 3[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.

—–

1. The words “the” and “offence of” rep. by Act 12 of 1891, sec. 2 and Sch. I and Act 8 of 1882, sec. 9, respectively.

2. Ins. by Act 8 of 1882, sec. 9.

3. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

Section 411. Dishonestly receiving stolen property

Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Compoundable by the owner of the property stolen with the permission of the court.

STATE AMENDMENT

Tamil Nadu:

Section 411 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:
“(2) Whoever dishonestly receives or retains any idol or icon stolen from any building used as a place of worship knowing or having reason to believe the same to be stolen property shall, notwithstanding anything contained in sub-section (1), be pun­ished with rigorous imprisonment which shall not be less than two years but which shall not be less than two thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years.”.

[Vide Tamil Nadu Act 28 of 1993, sec. 3 (w.e.f. 13-7-1993)].

Section 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 dacoity, 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

Section 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

Section 414. Assisting in concealment of stolen property

Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Compounded by the owner of the property stolen with the permission of the court.

Section 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 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 make 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 believer that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may led to him and thereby dishonestly induces Z to lend him money. A not intending to repay it A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver and thereby dishonestly induces Z to advance money upon the faith of such deliver. A cheats; but if A, at the 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 coveys an estate to B.A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats.

Section 416. Cheating by personation

A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Explanation

The offence is committed whether the individual personated is a real or imaginary person.

Illustration

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

Section 417. Punishment for cheating

Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

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

Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

Section 419. Punishment for cheating by personation

Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

Section 420. Cheating and dishonestly inducing delivery of property

Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bail­able—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court.

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

Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfer or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the credi­tor who are affected thereby with the permission of the court.

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

Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the credi­tors who are affected thereby with the permission of the court.

Section 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 subjects to any charge any property , or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine , or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the person affected thereby with the permission of the court.

Section 424. Dishonest or fraudulent removal or concealment of property

Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the person affected thereby with the permission of the court.

Section 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, cause the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Explanation 1

It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrong­ful loss or damage to any person by injuring any property, wheth­er it belongs to that person or not.

Explanation 2

Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustrations

(a) A voluntarily burns a valuable security belonging to Z in­tending to cause wrongful loss to Z. A has committed mischief.

(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has com­mitted mischief.

(d) A, knowing that his effects are about to be taken in execu­tion in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtain­ing satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

(e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the under-writers. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

(h) A causes cattle to enter upon a field belonging to Z, intend­ing to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.

Section 426. Punished 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine, or both—Non-cog­nizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom the loss or damage is caused.

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the person to whom the loss or damage is caused.

Section 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 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the owner of the animal with the permission of the court.

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate of the first class—Compoundable by the owner of the cattle or animal with the permission of the court.

Section 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 the 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 far a term which may extend to five years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person to whom the loss or damage is caused with the permission of the court.

Section 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 traveling 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Section 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 term which may extend to five years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Section 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 years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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

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.

CLASSIFICATION OF OFFENCE

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

1. Ins. by Act 8 of 1882, sec. 10.

Section 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 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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.

CLASSIFICATION OF OFFENCE

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

Section 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 1[imprisonment for life], or with imprisonment or either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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.

CLASSIFICATION OF OFFENCE

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

Section 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.

CLASSIFICATION OF OFFENCE

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

Section 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”.

STATE AMENDMENT

Orissa

For section 441, the following section shall be substituted, namely:
“441. Criminal Trespass.—Whoever enters into or upon property in 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,

or having lawfully entered into or upon such property, remains there with the intention of taking unauthorised possession or making unauthorised use of such property and fails to withdraw such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served on him, is said to have commit “criminal trespass.“

[Vide Orissa Act 22 of 1986, sec. 2 (w.e.f. 6-12-1986)].

Uttar Pradesh

For section 441, substitute the following:
“441. Criminal Trespass.—Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy and person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,

or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorised possession or making unauthorised use of such property fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice,

is said to commit “criminal trespass”.

[Vide Uttar Pradesh Act 31 of 1961, sec. 2 (w.e.f. 13-11-1961)].

Section 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.

Section 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”.

Section 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”.

Section 445. Housing 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 by himself, or by any abettor of the house-trespass, 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.

Section 446. House-breaking by night

Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night”.

Section 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, with fine or which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person in possession of the property trespassed upon.

Section 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 or which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for one year, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person in possession of the property trespassed upon.

Section 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 punishable with 1[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 2 years and fine—Cognizable—Bailable—Triable by any Magistrate.

Para II

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Compoundable by the person in possession of the house trespassed upon with the permission of the court.

Section 452. House-trespass after 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 any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

Section 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.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

Para II

Punishment—Imprisonment for 10 years and fine—Cogniza­ble—Non-bailable—Triable by Magistrate of the first class—Non-compounded.

STATE AMENDMENT

Tamil Nadu

Section 454 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:
“(2) Whoever commits lurking house-trespass or house-breaking in any building used as a place of worship, in order to the commit­ting of the offence of theft of any idol or icon from such build­ing, shall notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”

[Vide Tamil Nadu Act 28 of 1993, sec. 4 (w.e.f. 13-7-1993)].

Section 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 for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compound­able.

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

Section 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

Punishment—Imprisonment for 14 years and fine—Cogniza­ble—Non-bailable—Triable by Magistrate of the first class.

STATE AMENDMENT

Tamil Nadu

Section 457 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:
“(2) Whoever commits lurking house-trespass by night or house-breaking by night in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall, notwithstanding anything con­tained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”

[Vide Tamil Nadu Act 28 of 1993, sec. 5 (w.e.f. 13-7-1993)].

Uttar Pradesh

Section 457 shall be renumbered as sub-section (1) of that section and after sub section (1) as so renumbered, the following sub-section shall be added namely
“(2) Whoever commits lurking house trespass by night or house breaking by night in any building used as a place of worship in order to the committing of the offence of theft of any idol or icon from such buildings shall notwithstanding any thing contained in sub-section (1) be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”

[Vide Uttar Pradesh Act 24 of 1995, sec. 11].

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 14 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compound­able.

Section 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.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

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 lurking 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.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 be 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.

CLASSIFICATION OF OFFENCE

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

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Section 463. Forgery

1[Whoever makes any false documents 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.

—–

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).

Section 464. Making a false document

1[A person is said to make a false document or false electronic record
First—Who dishonestly or fradulently
(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 3electronic signature on any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the 3electronic signature,

with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or

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 3electronic 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 3electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.]

Illustrations

(a) A has a letter of credit upon B for rupees 10,000 written by Z. A, in order to defraud B, adds a 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 payment. 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 the 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 from the 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 in as much as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for serv­ice.

Explanation 1

A man’s signature of his own name may amount to forgery.

Illustrations

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.

(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.

(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person 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 of 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 fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

Illustration

A draws a bill of exchange upon a fictitious person, and fraudu­lently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

2[Explanation 3

For the purposes of this section, the expression “affixing 3electronic signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000.]

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).

2. Ins. by Act 21 of 2000, sec. 91 and Sch. I (w.e.f. 17-10-2000).

3. Subs by Act 10 of 2009, sec. 51(e), for “digital signature”.

Section 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.

CLASSIFICATION OF OFFENCE

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

Section 466. Forgery of record of court or of public register, etc.

1[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.]

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “Whoever forges a document” (w.e.f. 17-10-2000).

Section 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, moveable 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 moveable property or valuable security, 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.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Non-cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 468. Forgery for purpose of cheating

Whoever commits forgery, intending that the 1[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.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document forged” (w.e.f. 17-10-2000).

Section 469. Forgery for purpose of harming reputation

Whoever commits forgery, 1[intending that the document or Electronic Record forged] shall harm the reputation of any party, or knowing that it is likely to 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.

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “intending that the document forged” (w.e.f. 17-10-2000).

Section 470. Forged document or electronic record

Forged 1[document or electronic record].—A false 1[document or electronic record] made wholly or in part by forgery is designated “a forged 1[document or electronic record]”.

-

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).

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

Using as genuine a forged 1[document or electronic record].—Whoever fraudulently or dishonestly uses as genuine any 1[document or electronic record] which he knows or has reason to believe to be a forged 1[document or electronic record], shall be punished in the same manner as if he had forged such 1[document or electronic record].

CLASSIFICATION OF OFFENCE

Punishment—Punishment for forgery of such document—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

-

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).

Section 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 1[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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Whoever makes or counterfeit 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.

CLASSIFICATION OF OFFENCE

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

Section 474. Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as 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.

CLASSIFICATION OF OFFENCE

Para I

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

Para II

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 1[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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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 1[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.

CLASSIFICATION OF OFFENCE

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

-

1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “any document” (w.e.f. 17-10-2000).

Section 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 1[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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—Non-cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 477A. Falsification of accounts

1[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 2[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 2[book, electronic record, paper, writing], valuable security or account, shall be punished with imprisonment of either descrip­tion for a term which may extend to seven years, or with fine, or with both.

Explanation

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

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-cogniza­ble—Bailable—Triable by Magistrate of the first class—Non-com­poundable.

—-

1. Added by Act 3 of 1895, sec. 4.

2. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “book, paper, writing” (w.e.f. 17-10-2000).

Section 478. Trade marks

[Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959).]

Section 479. Property mark

A mark used for denoting that moveable property belongs to a particular person is called a property mark.

Section 480. Using a false trade mark

[Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch., (w.e.f. 25-11-1959).]

Section 481. Using a false property mark

Whoever marks any moveable property or goods or any case, package or other receptacle containing moveable 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.

Section 482. Punishment for using a false property mark

Whoever uses 1[* * *] 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

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person to whom loss or injury is caused by such use with the permission of the court.

1. The words “any false trade mark or” omitted by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959).

Section 483. Counterfeiting a property mark used by another

Whoever counterfeits any 1[* * *] 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

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person whose trade or property mark is counterfeited with the permission of the court.

—-

1. The words “trade mark or” omitted by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959).

Section 484. Counterfeiting a mark used by a public servant

1[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.]

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 4 of 1889, sec. 3, for the original section 484.

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

1[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.]

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 43 of 1958, sec. 135 and Sch., for the original section 485 (w.e.f. 25-11-1959).

Section 486. Selling goods marked with a counterfeit property mark

1[486. Selling goods marked with a counterfeit property mark.—2[Whoever sells, or exposes, or 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,

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

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person whose trade or property mark is counterfeited with the permission of the court.

1. Subs. by Act 4 of 1889, sec. 3, for the original section 486.

2. Subs. by Act 43 of 1958, sec. 135 and Sch., for certain words (w.e.f. 25-11-1959).

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

1[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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Non-compoundable.

1. Subs. by Act 4 of 1889, sec. 3, for the original section 487.

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

1[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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Non-compoundable.

—-

1. Subs. by Act 4 of 1889, sec. 3, for the original section 488.

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

1[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.]

CLASSIFICATION OF OFFENCE

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

1. Subs. by Act 4 of 1889, sec. 3, for the original section 489.

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

1[489A. Counterfeiting currency-notes or bank-notes.—Whoever counter-feits, 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.]

CLASSIFICATION OF OFFENCE

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

1. Added by Act 12 of 1899, sec. 2.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

3. Subs. by Act 35 of 1950, sec. 3 and Sch. II, for “489C and 489D”.

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

1[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.]

CLASSIFICATION OF OFFENCE

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

-

1. Added by Act 12 of 1899, sec. 2.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

1[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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—Triable by Court of Session—Non-compoundable.

1. Added by Act 12 of 1899, sec. 2.

Section 489D. Making or possessing instruments or materials for forgoing or counterfeiting currency-notes or bank-notes

1[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.]

CLASSIFICATION OF OFFENCE

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

—–

1. Added by Act 12 of 1899, sec. 2.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

1[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.

(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 person caused the document to be made.]

CLASSIFICATION OF OFFENCE

Punishment—Fine of 100 rupees—Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

1. Ins. by Act 6 of 1943, sec. 2.

Section 490. Breach of contract of service during voyage or journey

[Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 200 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person with whom the offender has contracted.

Section 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), sec. 2 and Sch.]

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Non-cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compound­able.

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

State Amendment

Andhra Pradesh

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

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

STATE AMENDMENT

Andhra Pradesh

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compound­able.

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]

Section 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.

CLASSIFICATION OF OFFENCE

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

State Amendment

Andhra Pradesh

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

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Non-cogniz­able—Bailable—Triable by Magistrate of the first class—Non-com­poundable.

STATE AMENDMENT

Andhra Pradesh

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the person with whom the offender has contracted.

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

1[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 purpose of this section, “cruelty” means
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine‑Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public serv­ant belonging to such class or category as may be notified by the State Government in this behalf—Non-bailable—Triable by Magis­trate of the first class—Non-compoundable.

Section 498A vis-a-vis section 113 of Evidence Act

Section 498A of the Indian Penal Code or section 113A of the Indian Evidence Act has not introduced invidious classification qua the treatment of a married woman by her husband or relatives of her husband vis-a-vis the other offenders. On the other hand, such women form a class apart whom from those who are married more than seven years earlier to the commission of such offence, because, with the passage of time after marriage and birth of children, there are remote chances of treating a married woman with cruelty by her husband or his relatives. Thus, the classification is reasonable and has close nexus with the object sought to be achieved, i.e., eradication of the evil of dowry in the Indian social set-up and to ensure that the married women live with dignity at their matrimonial homes; Krishan Lal v. Union of India, 1994 Cr LJ 3472.

Unhappiness between husband and wife

Where the prosecution relied only on incident of unhappiness of deceased with her husband and the allegation was only in form of suggestion, it does not establish criminal offence under either or both of the charges, hence conviction under section 498A is improper; State v. K. Sridhar, 2000 Cr LJ 328 (Kant).

Wilful Conduct

The allegations against the husband were that he abused and beat his wife, forced her to have a common kitchen with a harijan family, accused her of adultery and of carrying in her womb someone else’s child, pressurizing her to agree for an abortion, and such other acts. This amounted to a wilful conduct of cruelty towards wife; Rishi Kumar v. State of Haryana, Criminal Appeal No. 335-B of 1985.

-

1. Ins. by Act 46 of 1983, sec. 2 (w.e.f. 25-12-1983).

Section 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 expected, to defame that person.

Explanation 1

It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

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 loathsome 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.

(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 a 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 respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a 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 discharges 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 inquiry 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 is in good faith, in as much as the opin­ion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.

(b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not within this exception, in as much as the opinion which he 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 signing in 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, in as much 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, in as much 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 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 school-master, 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 accuse 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, and 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 of 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.

Section 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.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Court of Session—Compoundable by the person defamed.

Para II

Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person defamed with the permission of the court.

Section 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.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Court of Session—Compoundable by the person defamed.

Para II

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

Section 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.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Court of Session—Compoundable by the person defamed.

Para II

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

Section 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 desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person insulted.

Section 505. Statements conducing to public mischief

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 ill-will between different reli­gious, racial, language or regional groups or castes or communi­ties, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in an 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 8[in good faith and] without any such intent as aforesaid.]

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

Para II

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compound­able.

Para III

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-com­poundable.

1. Subs. by Act 4 of 1898, sec. 6, for the original section 505.

2. Section 505 renumbered as sub-section (1) of that section by Act 35 of 1969, sec. 3.

3. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

4. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

5. Subs. by A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian Marine” occur­ring after the words “Majesty” were omitted by Act 35 of 1934, sec. 2 and Sch.

6. Subs. by Act 41 of 1961, sec. 4, for “two years” (w.e.f. 12-9-1961).

7. Ins. by Act 35 of 1969, sec. 3 (w.e.f. 4-6-1969).

8. Subs. by A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian Marine” occur­ring after the words “Majesty” were omitted by Act 35 of 1934, sec. 2 and Sch.

Section 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 1[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.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable-Bailable—Triable by any Magistrate—Compoundable by the person intimidated.

Para II

Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

State Amendment

Uttar Pradesh

Imprisonment of 7 years, or fine or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Vide Notification No. 777/VIII 9-4(2)—87, dated 31st July, 1989, published in U.P. Gazette, Extra., Pt. A, Sec. (kha), dated 2nd August, 1989.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Section 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, in addition to the punish­ment under above section—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Section 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 tem which may extend to one year, or with fine, or with both.

Illustrations

(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.

(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person against whom the offence was committed.

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 word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of 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.]

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the woman whom it was intended to insult or whose privacy was intruded upon with the permission of the court.

1. Inserted by Section 509 of ‘The Criminal Law (Amendment) Act, 2013′

Section 510. Misconduct in public by a drunken person

Whoever, in a state of intoxication, appears in any public place, or in any 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.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 24 hours, or fine of 10 rupees, or both—Non-cognizable—Bailable—Triable by any Magis­trate—Non-compoundable.

Section 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 1[imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such attempts 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 2[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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life or imprisonment not exceeding half of the longest term provided for the offence, or fine, or both—According as the offence is cognizable or non-cognizable—According as the offence attempted by the offender is bailable or not—Triable by the court by which the offence attempted is tri­able—Non-compoundable.

—-

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for certain origi­nal words (w.e.f. 1-1-1956).

326A. 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. 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.

1. Added by Act 12 of 1899, sec. 2.

Hindu Marriage Act 1955

(Act 25 of 1955) [18th May, 1955]

An Act to amend and codify the law relating to marriage among Hindus.

Preliminary
1. Short title and extent.-(1) This Act may be called the Hindu Marriage Act,
1955.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and
applies also to Hindus domiciled in the territories to which this Act extends who are
outside the said territories.
2. Application of Act.- (1) This Act applies,-
(a) to any person who is a Hindu by religion in any of of its forms or developments,
including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya
Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is
not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such
person would not have been governed by the Hindu law or by any custom or usage
as part of that law in respect of any of the matters dealt with herein if this Act had
not been passed.
Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by
religion, as the case may be,-
(a) any child, legitimate or illegitimate, both of whose parents are Hindus,
Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist
Jaina or Sikh by religion and who is brought up as a member of tribe, community,
group or family to which such parents belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or
Sikh religion.
(2) Notwithstanding anything contained in sub-section (1),nothing contained in this
Act shall apply to the members of any Scheduled Tribe within the meaning of
clause (25) of Article 366 of the Constitution unless the Central Government, by
notification in the Official Gazette, otherwise directs.
(3) The expression “Hindus” in any portion of this Act shall be construed as if it
included a person who, though not a Hindu by religion is, nevertheless, a person
whom this Act applies by virtue of the provisions contained in this section.
3. Definitions.- In this Act, unless the context otherwise requires,-
(a) the expression “custom” and “usage” signify any rule which, having been
continuously and uniformally observed for a long time, has obtained the force of
law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy;
and
Provided further that in the case of a rule applicable only to a family it has not
been discontinued by the family;
(b)”District Court” means, in any area for which there is a City Civil Court, that
Court, and in any other area the principal Civil Court of original jurisdiction, and
includes any other civil court which may be specified by the State Government, by
notification in the Official Gazette, as having jurisdiction in respect of matters dealt
with in this Act;
(c)”full blood”and “half blood”- two persons are said to be related to each other by
full blood when they are descended from a common ancestor by the same wife and
by half blood when they are descended from a common ancestor but by different
wives;
(d)”uterine blood” – two persons are said to be related to each other by uterine
blood when they are descended from a common ancestor but by different
husbands.
Explanation.- In Clauses (c) and (d) “ancestor” includes the father and “ancestress”
the mother;
(e)”prescribed” means prescribed by rules made under this Act;
(f)(i)”Sapinda relationship” with reference to any person extends as far as the third
generation(inclusive) in the line of ascent through the mother, and the fifth
(inclusive) in the line of ascent through the father, the line being traced upwards in
each case from the person concerned, who is to be counted as the first generation;
(ii) two persons are said to be “sapinda” of each other if one is a lineal ascendant
of the other within the limits of sapinda relationship, or if they have a common
lineal ascendant who is within the limits of sapinda relationship with reference to
each of them;
(g)”degrees of prohibited relationship ” – two persons are said to be within the
“degrees of prohibited relationship”-
(I) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other;
or
(iii)if one was the wife of the brother or of the father’s or mother’s brother or of the
grandfather’s or grandmother’s brother or the other; or
(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children
of brother and sister or of two brothers or of two sisters.
Explanation.- for the purposes of clauses (f) and (g) relationship includes-
(I) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood; and all terms of relationship in
those clauses shall be construed accordingly.
4. Overriding effect of Act.- Save as otherwise expressly provided in this Act.-
(a) any text,rule or interpretation of Hindu Law or any custom or usage as part of
that law in force immediately before the commencement of this Act shall cease to
have effect with respect to any matter for which provision is made in this Act;
(b) any other law in force immediately before the commencement of this Act shall
cease to have effect in so far as it is inconsistent with any of the provisions
contained in this Act.
Hindu Marriages
5. Condition for a Hindu Marriage.- A marriage may be solemnized between any
two Hindus, if the following conditions are fulfilled, namely:
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of
mind; or
(b) though capable of giving a valid consent has been suffering from mental
disorder of such a kind or to such an extent as to be unfit for marriage and the
procreation of children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of twenty one years and the bride the
age of eighteen years at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the
custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two;
(vi) (Omitted)
6. Guardianship in Marriage.- (Omitted by Marriage Laws (Amendment) Act,
1976.
7. Ceremonies for a Hindu marriage.-(1) A Hindu marriage may be solemnized
in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptapadi (that is, the taking of
seven steps by the bridegroom and the bride jointly before the sacred fire), the
marriage becomes complete and binding when the seventh step is taken.
8. Registration of Hindu Marriages.-(1) For the purpose of facilitating the proof
of Hindu marriages, the State Government may make rules providing that the
parties to any such marriage may have the particulars relating to their marriage
entered in such manner and subject to such condition as may be prescribed in a
Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government
may, if it is of opinion that it is necessary or expedient so to do, provide that the
entering of the particulars referred to in sub-section (1) shall be compulsory in the
State or in any part thereof, whether in all cases or in such cases as may be
specified and where any such direction has been issued, and person contravening
any rule made in this behalf shall be punishable with fine which may extend to
twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as
soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for
inspection, and shall be admissible as evidence of the statements therein contained
and certified extracts therefrom shall, on application, be given by the Registrar on
payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu
marriage shall in no way be affected by the omission to make the entry.
Restitution of Conjugal rights and judicial separation
9. Restitution of conjugal rights.- When either the husband or the wife has,
without reasonable excuse, withdrawn from the society of the other, the aggrieved
party may apply, by petition to the district court, for restitution of conjugal rights
and the court, on being satisfied of the truth of the statements made in such
petition and that there is no legal ground why the application should not be
granted, may decree restitution of conjugal rights accordingly.
Explanation- Where a question arises whether there has been reasonable excuse
for withdrawal from the society, the burden of proving reasonable excuse shall be
on the person who has withdrawn from the society.
10. Judicial separation.- (1) Either party to a marriage, whether solemnized
before or after the commencement of this Act, may present a petition praying for a
decree for judicial separation on any of the grounds specified in sub-section (1) of
Section 13, and in the case of a wife also on any of the grounds might have been
presented.
(2) Where a decree for judicial separation has been passed, it shall no longer be
obligatory for the petitioner to cohabit with the respondent, but the court may, on
the application by petition of either party and on being satisfied of the truth of the
statement made in such petition, rescind the decree if it considers it just and
reasonable to do so.
Nullity of Marriage and Divorce
11. Nullity of marriage and divorce- Void marriages.- Any marriage
solemnized after the commencement of this Act shall be null and void and may, on
a petition presented by either party thereto, against the other party be so declared
by a decree of nullity if it contravenes any one of the conditions specified in clauses
(i), (iv) and (v), Section 5.
12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after
the commencement of this Act, shall be voidable and may be annulled by a decree
of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the
respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of
Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in
marriage of the petitioner was required under Section 5 as it stood immediately
before the commencement of the Child Marriage Restraint (Amendment) Act, 1978,
the consent of such guardian was obtained by force or by fraud as to the nature of
the ceremony or as to any material fact or circumstance concerning the
respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person
other than the petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling
a marriage(
a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to
operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the
marriage as husband or wife after the force had ceased to operate or, as the case
may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained
unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized
before the commencement of this Act within one year of such commencement and
in the case of marriages solemnized after such commencement within one year
from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place
since the discovery by the petitioner of the existence of the said ground.
13. Divorce- (1) Any marriage solemnized, whether before or after the
commencement of the Act, may, on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse
with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with
cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years
immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) has been incurably of unsound mind, or has suffering continuously or
intermittently from mental disorder of such a kind and to such an extent that the
petitioner cannot reasonably be expected to live with the respondent.
Explanation- In this clause-
(a) the expression “mental disorder” means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of
mind and include schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability
of mind (whether or not including sub-normality of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the other
party and whether or not it requires or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of it, had that party been alive;
Explanation.- In this sub-section, the expression “desertion” means the desertion
of the petitioner by the other party to the marriage without reasonable cause and
without the consent or against the wish of such party, and includes the willful
neglect of the petitioner by the other party to the marriage, and its grammatical
variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the
commencement of this Act, may also present a petition for the dissolution of the
marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the
marriage for a period of one year or upwards after the passing of a decree for
judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to
the marriage for a period of one year or upward after the passing of a decree of
restitution of conjugal rights in a proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground-
(i) in the case of any marriage solemnized before the commencement of this Act,
that the husband had married again before the commencement or that any other
wife of the husband married before such commencement was alive at the time of
the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of
the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of
rape, sodomy or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,
(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal
Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code
of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has
been passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the passing of such decree
or order, cohabitation between the parties has not been resumed for one year or
upwards;or
(iv) that her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was solemnized before or
after the commencement of the Marriage Law (Amendment) Act, 1976.
13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this
Act, on a petition for dissolution of marriage by a decree of divorce, except in so
far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and
(vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do
having regard to the circumstances of the case, pass instead a decree for judicial
separation.
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a
petition for dissolution of marriage by a decree of divorce may be presented to the
District Court by both the parties to a marriage together, whether such marriage
was solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, on the ground that they have been living separately for a
period of one year or more, that they have not been able to live together and that
they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made earlier than six months after the date
of the presentation of the petition referred to in sub-section (1) and not later than
eighteen months after the said date, if the petition is not withdrawn in the mean
time, the Court shall, on being satisfied, after hearing the parties and after making
such inquiry as it thinks fit, that a marriage has been solemnized and that the
averments in the petition are true, pass a decree of divorce declaring the marriage
to be dissolved with effect from the date of the decree.
14. No petition for divorce to be presented within one year of marriage.-
(1) Notwithstanding anything contained in this Act, it shall not be competent for
any Court to entertain any petition for dissolution of marriage by a decree of
divorce, unless at the date of the presentation of the petition one year has elapsed
since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such
rules as may be made by the High Court in that behalf, allow a petition to be
presented before one year has elapsed since the date of the marriage on the
ground that the case is one of exceptional hardship to the petitioner or of
exceptional depravity on the part of the respondent, but, if it appears to the court
at the hearing of the petition that petitioner obtained leave to present the petition
by any mis-representation or concealment of the nature of the case, the court may,
if it pronounces a decree, do so subject to the condition that the decree shall not
have effect until after the expiry of one year from the date of the marriage or may
dismiss the petition without prejudice to any petition which may be brought after
the expiration of the said one year upon the same or substantially the same facts
as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition
for divorce before the expiration of one year from the date of the marriage, the
court shall have regard to the interests of any children of the marriage and to the
question whether there is a reasonable probability of a reconciliation between the
parties before the expiration of the said one year.
15. Divorced persons. When may marry again.- When a marriage has been
dissolved by a decree of divorce and either there is no right of appeal against the
decree or, if there is such a right of appeal, the time for appealing has expired
without an appeal having been presented, or an appeal has been presented but has
been dismissed, it shall be lawful for either party to the marriage to marry again.
16. Legitimacy of children of void and voidable marriages.-
(1) Notwithstanding that a marriage is null and void under Section 11, any child of
such marriage who would have been legitimate if the marriage had been valid,
shall be legitimate, whether such a child is born before or after the commencement
of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of
nullity is granted in respect of the marriage under this Act and whether or not the
marriage is held to be void otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage under
Section 12, any child begotten or conceived before the decree is made, who would
have been the legitimate child of the parties to the marriage if at the date of the
decree it had been dissolved instead of being annulled, shall be deemed to be their
legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as
conferring upon any child of a marriage which is null and void or which is annulled
by a decree of nullity under Section 12, any rights in or to the property of any
person, other than the parents, in any case, where, but for the passing of this Act,
such child would have been incapable of possessing or acquiring any such rights by
reason of his not being the legitimate child of his parents.
17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after
the commencement of this Act is void if at the date of such marriage either party
had a husband or wife living; and the provisions of Sections 494 and 495 of the
Indian Penal Code (45 of 1860) shall apply accordingly.
18. Punishment for contravention of certain other conditions for a Hindu
marriage.- Every person who procures a marriage of himself or herself or to be
solemnized under this Act in contravention of the conditions specified in clauses
(iii), (iv), and (v) of Section 5 shall be punishable-
(a) in the case of a contravention of the condition specified in clause (iii) of Section
5, with simple imprisonment which may extend to fifteen days, or with fine which
may extend to one thousand rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or clause
(v) of Section 5, with simple imprisonment which may extend to one month, or
with fine which may extend to one thousand rupees, or with both;
(c) Clause (c) omitted by Act 2 of 1978.
Jurisdiction and Procedure
19. Court to which petition shall be presented-
Every petition under this Act shall be presented to the District Court within the local
limits of whose ordinary original civil jurisdiction:
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a
case where the respondent is at that time, residing outside the territories to which
this Act extends, or has not been heard of as being alive for a period of seven
years or more by those persons who would naturally have heard of him if he were
alive.
20. Contents and verification of Petitions.-(1) Every petition presented under
this Act shall state as distinctly as the nature of the case permits the facts on which
the claims to relief is founded and, except in a petition under Section 11, shall also
state that there is no collusion between the petitioner and the other party to the
marriage.
(2) The statements contained in every petition under this Act shall be verified by
the petitioner or some other competent person in the manner required by law for
the verification of plaints, and may, at the hearing, be referred to as evidence.
21. Application of Act 5 of 1908.- Subject to the other provisions contained in
this Act and to such rules as the High Court may make in this behalf all
proceedings under this Act shall be regulated, as far as may be, by the Code of
Civil Procedure, 1908.
21-A. Power to transfer petitions in certain cases.-(1)Where-
(a) a petition under this Act has been presented to a District Court having
jurisdiction by a party to marriage praying for a decree for a judicial separation
under Section 10 or of a decree of divorce under Section 13; and
(b) another petition under this Act has been presented thereafter by the other
party to the marriage praying for a decree for judicial separation under Section 10
or for a decree of divorce under Section 13 on any ground, whether in the same
District Court or in a different District Court, in the same State or in a different
State,
the petitions shall be dealt with as specified in sub-section (2).
(2) In a case where sub-section (1) applies,-
(a) if the petitions are presented to the same District Court, both the petitions shall
be tried and heard together by that District Court;
(b) if the petition are presented to different District Courts, the petition presented
later shall be transferred to the District Court in which the earlier petition was
presented and both the petitions shall be heard and disposed of together by the
district court in which the earlier petition was presented.
(3) In a case where clause (b) of sub-section (2) applies, the court or the
Government, as the case may be, competent under the Code of Civil Procedure, 5
of 1908 to transfer any suit or proceeding from this District Court in which the later
petition has been presented to the district court in which the earlier petition is
pending, shall exercise its powers to transfer such later petition as if it had been
empowered so to do under the said Code.
21-B. Special provision relating to trial and disposal of petitions under the
Act.-(1) The trial of a petition under this Act, shall, so far as is practicable
consistently with the interests of justice in respect of the trial, be continued from
day to day until its conclusion unless the Court finds the adjournment of the trial
beyond the following day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible, and
endeavour shall be made to conclude the trial within six months from the date of
service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and
endeavour shall be made to conclude the hearing within three months from the
date of service of notice of appeal on the respondent.
21.-C. Documentary evidence.- Notwithstanding anything in any enactment to
the contrary, no document shall be inadmissible in evidence in any proceeding at
the trial of a petition under this Act on the ground that it is not duly stamped or
registered.
22. Proceedings to be in camera and may not be printed or published.-(1)
Every proceedings under this Act shall be conducted in camera and it shall not be
lawful for any person to print or publish any matter in relation to any such
proceeding except a judgment of the High Court or of the Supreme Court printed or
published with the previous permission of the Court.
(2) If any person prints or publishes any matter in contravention of the provisions
contained in sub-section (1), he shall be punishable with fine which may extend to
one thousand rupees.
23. Decree in proceedings.-(1) In any proceeding under this Act, whether
defended or not, if the Court is satisfied that-
(a) any of the grounds for granting relief exists and the petitioner except in cases
where the relief is sought by him on the grounds specified in sub-clause (a), subclause
(b) and sub-clause (c) of clause (ii) of Section 5 is not any way taking
advantage of his or her own wrong or disability for the purpose of such relief, and
(b) where the ground of the petition is the ground specified in clause (i) of subsection
(1) of Section 13, the petitioner has not in any manner been accessory to
or connived at or condoned the act or acts complained of, or where the ground or
the petition is cruelty the petitioner has not in any manner condoned the cruelty,
and
(bb) when a divorce is sought on the ground of mutual consent, such consent has
not been obtained by force, fraud or undue influence, and
(c) the petition not being a petition presented under section 11 is not presented or
prosecuted in collusion with the respondent, and
(d) there has not been any unnecessary or improper delay in instituting the
proceeding, and
(e) there is no other legal ground why relief should not be granted, then,and in
such a case, but not otherwise, the court shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this Act, it shall be the duty of the
Court in the first instance, in every case where it is possible so to do consistently
with the nature and circumstances of the case, to make every endeavour to bring
about a reconciliation between the parties:
Provided that nothing contained in this sub-section shall apply to any proceeding
wherein relief is sought on any of the grounds specified in clause (ii), clause (iii),
clause (iv), clause (v), clause (vi) or clause (vii), of sub-section (1) of Section 13.
(3) For the purpose of aiding the Court in bringing about such reconciliation, the
court may, if the parties so desire or if the Court thinks it just and proper so to do
adjourn the proceedings for a reasonable period not exceeding fifteen days and
refer the matter to any person named by the parties in this behalf or to any person
nominated by the Court if the parties fail to name any person, with directions to
report to the Court as to whether reconciliation can be and has been effected and
the court shall in disposing of the proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by a decree of divorce, the court
passing the decree shall give a copy thereof free of cost to each of the parties.
23-A. Relief for respondent in divorce and other proceedings.- In any
proceedings for divorce or judicial separation or restitution of conjugal rights, the
respondent may not only oppose the relief sought on the ground of petitioner’s
adultery, cruelty or desertion, but also make a counter-claim for any relief under
this Act on that ground; and if the petitioner’s adultery, cruelty or desertion is
proved, the Court may give to the respondent any relief under this Act to which he
or she would have been entitled if he or she had presented a petition seeking such
relief on that ground.
24. Maintenance pendente lite and expenses of proceedings.-
Where in any proceeding under this Act it appears to the Court that either the wife
or the husband, as the case may be, has no independent income sufficient for her
or his support and the necessary expenses of the proceeding, it may, on the
application of the wife or the husband, order the respondent to pay the petitioner
the expenses of the proceeding such sum as, having regard to the petitioner’s own
income and the income of the respondent, it may seem to the Court to be
reasonable.
25. Permanent alimony and maintenance.-(1) Any court exercising jurisdiction
under this Act may, at the time of passing any decree or at any time subsequent
thereto, on application made to it for the purposes by either the wife or the
husband, as the case may be, order that the respondent shall pay to the applicant
for her or his maintenance and support such gross sum or such monthly or
periodical sum for a term not exceeding the life of the applicant as, having regard
to the respondent’s own income and other property of the applicant, the conduct of
the parties and other circumstances of the case, it may seem to the Court to be
just, and any such payment may be secured, if necessary, by a charge on the
immoveable property of the respondent.
(2) If the Court is satisfied that there is a change in the circumstances of either
party at any time after it has made an order under sub-section (1), it may at the
instance of either party, vary, modify or rescind any such order in such manner as
the court may deem just.
(3) If the Court is satisfied that the party in whose favour an order has been made
under this Section has re-married or, if such party is the wife, that she has not
remained chaste or if such party is the husband, that he has had sexual intercourse
with any woman outside wedlock, it may at the instance of the other party vary,
modify or rescind any such order in such manner as the court may deem just.
26. Custody of children.- In any proceeding under this Act, the Court may, from
time to time, pass such interim orders and make such provisions in the decree as it
may deem just and proper with respect to the custody, maintenance and education
of minor children, consistently with their wishes, wherever possible, and may, after
the decree, upon application by petition for the purpose, make from time to time,
all such orders and provisions with respect to the custody, maintenance and
education of such children as might have been made by such decree or interim
orders in case the proceedings for obtaining such decree were still pending, and
the Court may also from time to time revoke, suspend or vary any such orders and
provisions previously made.
27. Disposal of property.-In any proceeding under this Act, the Court may make
such provisions in the decree as it deems just and proper with respect to any
property presented at or about the time of marriage, which may belong jointly to
both the husband and the wife.
28. Appeals from decrees and orders.-(1) All decrees made by Court in any
proceeding under this Act shall, subject to the provisions of sub-section (3), be
appealable as decrees of the Court made in the exercise of its original civil
jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily
lie from the decisions of the Court given in the exercise of its original civil
jurisdiction.
(2) Orders made by the Court in any proceedings under this Act, under Section 25
or Section 26 shall, subject to the provisions of sub-section (3), be appealable if
they are not interim orders and every such appeal shall lie to the Court to which
appeals ordinarily lie from the decisions of the Court given in exercise of its original
civil jurisdiction.
(3) There shall be no appeal under this section on subject of costs only.
(4) Every appeal under this section shall be preferred within a period of thirty days
from the date of the decree or order.
28(A) Enforcement of decrees and orders.- All decrees and orders made by
the Court in any proceeding under this Act, shall be enforced in the like manner as
the decrees and orders of the Court made in the exercise of its original civil
jurisdiction for the time being enforced.
29. Savings.-(1) A marriage solemnized between Hindus before the
commencement of this Act, which is otherwise valid, shall not be deemed to be
invalid or ever to have been invalid by reason only of the fact that the parties
thereto belonged to the same gotra or pravara or belonged to different religion,
castes or sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed to affect any right recognised by
custom or conferred by any special enactment to obtain the dissolution of a Hindu
Marriage, whether solemnized before or after the commencement of this Act.
(3) Nothing contained in this Act shall affect any proceeding under any law for the
time being in force for declaring any marriage to be null and void or for annulling
or dissolving any marriage or for judicial, separation pending at the
commencement of this Act, and any such proceeding may be continued and
determined as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to effect the provisions contained
in the Special Marriage Act, 1954 (43 of 1954), with respect to marriages between
Hindus solemnized under that Act, whether before or after the commencement of
this Act.
30. Repeals.- (Repealed by the Repealing and Amendment Act, 1960 (58 of
1960), Sec. 2 and the First Schedule.)

The Code of Criminal Procedure 1973 (CrPC)

The Code of Criminal Procedure, 1973 (CrPc)

1. Short title, extent and commencement

(1) This Act may be called the Code of Criminal Procedure, 1973.

(2) It extends to the whole of India except the State of Jammu and Kashmir:

Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-

(a) to the State of Nagaland,

(b) to the tribal areas,

but the concerned State Government may , by notification apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.

Explanation.- In this section, “tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

(3) It shall come into force on the 1st day of April, 1974.

2. Definitions.

In this Code, unless the context otherwise requires, -

(a) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force: and “non-bailable offence” means any other offence.

(b) “charge” includes any head of charge when the charge contains more heads than one:

(c) “cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under and other law for the time being in force, arrest without warrant.

(d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Explanation. A report made by a police officer in a case, which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaints and the police officer by whom such report is made shall be deemed to be the complainant;

(e) “High Court” means, -

(i) In relation to any State, the High Court for that State;

(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;

(iii) In relation to any other Union territory, the highest court of criminal appeal for that territory other than the Supreme Court of India;

(f) “India” means the territories to which this Code extends;

(g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or court;

(h) “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf,

(i) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath;

(j) “local jurisdiction”, in relation to a court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this code 1[and such local area may comprise the whole of the state, or any part of the State, as the State Government may, by notification, specify];

(k) “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be a metropolitan area;

(l) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant;

(m) “notification” means a notification published in the Official Gazette;

(n) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871);

(o) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when, the State Government so directs, any other police officer so present;

(p) “place” includes a house, building, tent, vehicle and vessel;

(q) “Pleader”, when used with reference to any proceeding in any court, means a person authorized by or under any law for the time being in force, to practice in such court, and includes any other appointed with the permission of the court to act in such proceeding.

(r) “police report” means a report forwarded by a police officer to a magistrate under sub-section (2) of section 173;

(s) “Police report” means any post or place declared generally or specially by the state government, to be a police station, and includes any local area specified by the state government in this behalf;

(t) “prescribed” means prescribed by rules made under this code;

(u) “public prosecutor” means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor.

(v) “sub-division” means a sub-division of a district;

(w) “summons-case” means relating to an offence, and not being a warrant-case;

2[(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal their;]

(x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(y) words and expressions used herein and not defined but defined in the Indian penal code (45 of 1860) have the meanings respectively assigned to them in that code.

COMMENTS

(i) there is no particular format for a complaint. Nomenclature is also inconsequential. A petition addressed to the Magistrate containing an allegation that an offence has been committed, and ending with a prayer that the culprits be suitably dealt with, is a complaint; Mohd. Yousuf v. Afaq Jahan ; (2006) 1 SCC 627.

(ii) the expression “Judicial proceeding” defined in clause (i) of section 2 includes any proceeding in the course of which evidence is or may be legally taken on oath. The law does not prescribe any particular method of presentation of challan, namely, that it should be presented by any police official. When the challan was presented before the Court, who was acting as a Judicial Magistrate at that time, the first step in the judicial proceeding was sitting in judicial proceeding; Shrichand v. State of Madhya Pradesh , (1993) Cr LJ 495.

——–

1. Ins. by Act 45 of 1978, sec. 2 (w.e.f. 18-12-1978).

2. Ins. by Code of Criminal Procedure (Amendment) Act, 2008 (Act No. 5 of 2009, dt. 7.1.2009)

3. Construction of references.

(1) In this code,

(a) any reference, without any qualifying words, to a magistrate shall be construed, unless the context otherwise requires, -

(i) in relation to an area outside a metropolitan area, as a reference to a judicial magistrate;

(ii) in relation to a metropolitan area, as a reference to a metropolitan

Magistrate;

(b) any reference to Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a Metropolitan area, as reference to a Metropolitan Magistrate;

(c) any reference to a magistrate of the first class shall, -

(i) in relation to a metropolitan area, be construed as a reference to a metropolitan Magistrate exercising jurisdiction in that area;

(ii) in relation to any other area, be construed as reference to a judicial magistrate of the first class exercising Jurisdiction in that area;

(d) any reference to the chief judicial magistrate shall, in relation to a metropolitan area, be construed as reference to the chief metropolitan Magistrate exercising jurisdiction in that area.

(2) In this code, unless the context otherwise requires, any reference to the court of a judicial magistrate shall, in relation to a metropolitan area, be construed as a reference to the court of the metropolitan magistrate for that area.

(3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this code, -

(a) to a magistrate of the first class, shall be construed as reference to a judicial Magistrate of the first class;

(b) to a magistrate of the second class or of the third class, shall be construed as a reference to a judicial Magistrate of the second class;

(c) to a presidency Magistrate or chief presidency magistrate, shall be construed as a reference, respectively, to a metropolitan magistrate or the chief metropolitan magistrate;

(d) to any area, which is included in a metropolitan area, as a reference to such metropolitan area, and any reference to a magistrate of the first class or of the second class in relation to such area, shall be construed as reference to the metropolitan magistrate-exercising jurisdiction in such area.

(4) Where, under any law, other than this code, the functions exercisable by a magistrate relate to matters-

(a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any court, they shall, subject to the provisions of this code, be exercisable by a Judicial Magistrate; or

(b) which are administrative or executive in nature, such as, granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an executive Magistrate.

STATE AMENDMENTS

Andaman and Nicobar Islands

(1) After section 3, the following section shall be inserted, namely.

“3-A. Special provision relating to Andaman and Nicobar Islands. -

(1) Reference in this code to:

(a) the chief Judicial Magistrate shall be construed as references to the district Magistrate or, where the state government so directs, also to the additional District Magistrate:

(b) a Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the first class or the second class shall be construed as references to such executive Magistrate as the State Government may, be notification in the official gazette, specify.

(2) The State Government may, if it is of opinion that adequate number of persons or available for appointment as Judicial Magistrate, by notification in the Official Gazette, declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands.

(3) On the cesser of operation of the provisions of this section every enquiry or trial pending, immediately before such cesser, before the District Magistrate or additional District Magistrate or any executive Magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached before, such cesser, by such judicial Magistrate as the State Government may specify in this behalf.”

[Regulation 1 of 1974, sec. 3 (w.e.f.30.3. 1974)]

Arunachal Pradesh and Mizoram;

After sub-section (4), the following sub-section shall be inserted, namely; -

“(5) Notwithstanding any thing contained in the foregoing provisions for this section; -

(i) any reference in such of the provisions of this code, as applied to the Union territories of Arunachal Pradesh and Mizoram, to the courts mentioned in column (1) of the table below shall, until the courts of Session and Courts of Judicial Magistrate or constituted in the said Union Territories be construed as references to the court of Magistrate mentioned in the corresponding entry in column (2) of that table.

TABLE

1

2

Court of Session or Sessions Judge or Chief Judicial Magistrate. District Magistrate.
Magistrate or. Magistrate of the First Class Or Judicial Magistrate of the First Class. Executive Magistrate.
(ii) The functions mentioned in clause (a) of sub-section (4) shall be exercisable by an Executive Magistrate.” The Chief Commissioners and the Additional Deputy Commissioners, in the Union Territory of Arunachal Pradesh, were appointed to be Executive Magistrate].

[Vide Notification No .Jud. 25/74. dated 2nd April, 1974]

Nagaland:

After sub-section (4) insert the following sub-section which shall be deemed always to have been so;-

“(5) Notwithstanding anything contained in the foregoing provisions of this section; -

(i) Any reference in such of the provisions of this Code, as applied to the State of Nagaland to the Court and authority mentioned in column (1) of the table below shall, until the Courts of Session and Court of Judicial Magistrates are constituted in the said areas, be construed as references to the Court and authority mentioned in the corresponding entry in column (2) of that table.

TABLE

1

2

Court of Session or Session Judge or Chief Judicial Magistrate. District Magistrate or Additional District Magistrate.
Magistrate or Magistrate of the first class or Judicial Magistrate of the First Class. Executive Magistrate
(ii) References mentioned in Sub-section (3) to a Judicial Magistrate and functions mentioned in Sub-section (4) exercisable by a Judicial Magistrate and Executive Magistrate shall be construed as references to, and exercised by, Deputy Commissioner and Additional Deputy commissioner and Assistant to Deputy Commissioner appointed under any law in force:

Provided that an Assistant to Deputy Commissioner shall exercise such powers of a Judicial Magistrate as may be invested by the Governor” Nagaland Gazette 19-6-1975 [Vide Nagaland Gazette, dated 19th June, 1975]

4. Trial of offences under the Indian Penal Code and other laws.

(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provision hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

5. Saving.

Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

6. Classes of Criminal Courts.

Besides the High Courts and the courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely.

(i) Courts of Session;

(ii) Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan Magistrate;

(iii) Judicial Magistrate of the second class; and

(iv) Executive Magistrate.

7. Territorial divisions.

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts.

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The session’s divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.

8. Metropolitan areas.

(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of’ this Code.

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta, Madras, and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.

(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before Such cesser before any Court or Magistrate in Such area shall continue to be dealt with under this Code, as if such cesser had not taken place.

(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code, as if such reduction or alteration had not taken place.

Explanation. In this section, the expression “population” means the Population as ascertained at the last preceding census of which the relevant figures have been published.

9. Court of Session.

(1) The State Government shall establish a Court of Session for every session’s division.

(2) Every Court of Session shall be presided over by a Jude, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise Jurisdiction in a Court of Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also all Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions divisions and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(6) The Court of Sessions shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

Explanation. For the purposes of this Code, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.

STATE AMENDMENTS

UTTAR PRADESH

In section 9 after sub-section (5), the following sub-section shall be inserted, namely.

“(5-A) In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from his place at which his Court is held, the senior most among the Additional Sessions judges, and the Assistant Sessions Judges present at the place, and in their absence the Chief Judicial Magistrate shall without relinquishing his ordinary duties assume charge of’ the office of the Sessions Judge and continue in charge there of until the office is resumed by the sessions judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High Court in this behalf’, exercise any of the powers of the Sessions Judge.”

[Vide U.P. Act I of 1984, sec. 2 (w.e.f. 1-5-1984)].

In section 9, in sub-section (6), insert the following proviso.

“Provided that the Court of Sessions may hold, or the High Court may direct the Court of Session to hold its sitting in any particular case at any place in the Sessions Division, where it appears expedient to do so for considerations of internal security or public order, and in such cases, the consent of the prosecution and the accused shall not be necessary.”

[Vide U.P. Act 16 of 1976. sec. 2 (w.r.e.f. 28-11-1975)].

WEST BENGAL:

To subsection (3) of’ section 9 the following provisos shall be added.

“Provided that notwithstanding anything to the contrary contained in this Code, Additional Sessions Judge in a sub-division, other than the subdivision, by whatever name called, wherein the headquarters of the Sessions Judges are situated, exercising, jurisdiction in a Court of Session, shall have all the powers of’ the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of session 1 16 sections 193 and, clause (a) of’ section 209 and sections 409, 439 and 449.

Provided further that the above powers shall not be in derogation of’ the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code.”

[Vide W.B. Act 24 of' 1988, sec. 3.]

10. Subordination of assistant Sessions Judges.

(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose court they exercise jurisdiction.

(2) The Sessions Judges may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.

(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every, such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

11. Courts of Judicial Magistrates.

(1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:

1[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.]

(2) The presiding officers of such Courts shall be appointed by the High Courts.

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

1. Added by Act 45 of 1978, sec. 3 (w.e.f. 18-12-1978).

STATE AMENDMENTS

Andaman and Nicobar Island, Dadra and Nagar Haveli and Lakshadweep:

In sub-section (3) of section 11, for the words “any member of the Judicial Service of the State functioning as a Judge in a Civil Court” the words “any person discharging the functions of a Civil Court” shall be substituted.

[Vide Regulation 1 of 1974, sec.4 (w.e.f. 30-3-1974)].

Bihar:

After sub-section (3) of Section 11,the following sub-section shall be inserted, namely.

“(4) The State Government may likewise establish for any local area one or more Courts of Judicial Magistrate of the first class or second class to try any particular cases of particular class or categories of cases.”

[Vide Bihar Act 8 of 1977, sec. 2 (w.e.f. 10-1-1977)].

Haryana:

After sub-section (1) of Section 11, the following sub-section shall be inserted.

“(1-A) The State Government may likewise establish as many courts of Judicial Magistrate of the first class and of the second class in respect to particular cases or particular class or classes of cased, or to cases generally in any local area.”

[Vide Haryana Act 16 of 1976, sec. 2 (w.e.f. 24-2-1976)].

Kerala:

In section 11, after sub-section (1), the following sub-section shall be inserted, namely.

“(1-A) The State Government may likewise establish as many special courts of Judicial Magistrate of First Class in respect to particular cases or to a particular class or particular classes or cases or in regard to cases generally, in any local area.

(2) The amendments made by sub-section (1) shall be, and shall be deemed to have been, in force for the period commencing from the 2nd day of December 1974 and ending with the 18th day of December 1978.

Validation. Any notification issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid.”

[Vide Kerala Act 21 of 1987, sec.2].

Punjab:

In sub-section (1) of section 11, insert the following new sub-section.

“(1-A) The State Government may likewise establish as many courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area.”

[Vide Punjab Act 9 of 1978, sec. 2 (w.e.f. 14-4-1978)].

Rajasthan:

In sub-section (1) of Section 11, the following new sub-section shall be inserted, namely.

“(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class and of the second class in respect to particular cases, or to a particular classes or cases, or in regard to cases generally, in any local area.”

[Vide Rajasthan Act 10 of 1977, sec. 2 (w.e.f. 13-9-1977)].

Uttar Pradesh:

In section 11, the following sub-section shall be inserted, namely.

“(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases, or in regard to cases generally, in any local area.”

[Vide U.P. Act 16 of 1976, sec. 3 (w.e.f. 30-4-1976)].

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

(1) In every district (not being a metropolitan area), the High Court shall appoint Judicial Magistrate of the first class to the Chief Judicial Magistrate.

(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

(3)(a) the High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.

(b) subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work or the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

STATE AMENDMENTS

Nagaland:

In sub-section (1), (2) and (3) the words “High Court” shall be substituted by the words “State Government” wherever they occur.

[Vide Notification Law 170/74 Leg. dated 3-7-1975].

Uttar Pradesh:

After sub-section (3), the following sub-section shall be inserted, namely.

“(4) Where the office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Judicial Magistrate and other judicial Magistrates present at the place, and in their absence the district magistrate and in his absence the senior-most Executive Magistrate shall dispose of the urgent work of the Chief judicial Magistrate.”

[Vide U.P. Act 1 of 1984, sec. 3 (w.e.f. 1-5-1984)].

13. Special Judicial Magistrates.

(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1[of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area]:

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

2[(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.]

1. Subs by Act 45 of 1978 sec. 4(1) for certain wards (w.e.f. 18-12-1978).

2. Ins. by Act 45 of 1978, sec.4 (w.e.f.18-12-1978).

STATE AMENDMENTS

Andhra Pradesh:

In sub-section (2) of section 13, for the words “not exceeding one year at a time” the words “not exceeding two years at a time” shall be substituted and to the said subsection the following proviso shall be added, namely.

“Provided that nay person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment.”

{Vide A.P. Act 2 of 1992].

Bihar:

In section 13 for the words “in any district”, the words “in any local area” shall be substituted.

[Vide Bihar Act 8 of 1977, sec.3 (w.e.f. 10-1-1977)].

Haryana:

In section 13 of the principal Act, in sub-section (1) for the words “second class”, the words “first class or second class” and for the words “in any district”, the words “in any local area” shall be substituted.

[Vide Haryana Act 16 of 1976, sec. 3 (w.e.f. 24-2-1976)].

HIMACHAL PRADESH.

In section 13, for the words “in any district” the words “in any local area” shall be substituted.

[Vide Himachal Pradesh Act 40 of 1976 (w.e.f. 13.11.1976)].

PUNJAB

In section 13 of the principal Act, in sub-section (1) for the words “second class” the words “first class or second class” and for the words “in any district”, the words “in any local area” shall be substituted.

[Vide Punjab Act 9 of 1978, sec.3 (w.e.f. 14-4-1978)].

UTTAR PRADESH:

In section 13 of the principal Act, in sub-section (1) for the words “second class” the words “first class or second class” and for the words “in any district”, the words “in any local area” shall be substituted.

[Vide U.P. Act 16 of 1976, sec. 4 (w.e.f. 5.1.1976)].

14. Local Jurisdiction of Judicial Magistrates.

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code:

1[Provided that the court of a Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established].

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

2[(3) Where the local jurisdiction of a Magistrate, appointed under section 11or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.]

1. Added by Act 45 of 1978 sec. 5 (w.e.f. 18-12-1978).

2. Ins. by Act 45 of 1978, sec. 5 (w.e.f. 18-12-1978).

STATE AMENDMENTS

MAHARASHTRA:

After session 14, the following section shall be inserted, namely.

“14-A Investing Judicial Magistrates with jurisdiction in specified cases of local area – The High Court any judicial Magistrate with all or any of the powers conferred or conferrable by or under this Code upon a Judicial Magistrate in respect to particular cases or to a particular class or classes of cases, generally, in any local area, consisting of all or any of the districts specified by it in this behalf.”

[Vide Maharashtra Act 23 of 1976, sec. 2 (w.e.f. 10-06-1976)

15. Subordination of Judicial Magistrates.

(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with his Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

State Amendment

Bihar:

In section 15, after sub-section (2), the following sub-section shall be substituted, namely:-

“(3) Any judicial Magistrate exercising powers over any local area extending beyond the district in which he holds his Court, shall be subordinate to the Chief Judicial Magistrate of the said district and reference in this Code to the Sessions Judge shall be deemed to be references to the Sessions Judge of that district where he holds his Court.”

[Vide Bihar Act 8 of 1977, sec. 4 (w.e.f. 10-1-1977)].

16. Courts of Metropolitan Magistrates.

(1) In every metropolitan area, there shall be established as many courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.

(2) The presiding officers of such courts shall be appointed by the High Court.

(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

STATE AMENDMENT

Uttar Pradesh:

In section 16 after sub-section (3), the following sub-section shall be inserted, namely.

“(4) Where the office of the Chief Metropolitan Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior most among the Additional Chief Metropolitan Magistrates and other Metropolitan Magistrates present at the place, shall dispose of the urgent work of the Chief Metropolitan Magistrate.”

[Vide U.P. Act 1 of 1984, sec. 3 (w.e.f. 1-5-1984)].

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.

(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.

(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

18. Special Metropolitan Magistrates.

(1) The High Court may, if requested by, any Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases If 1[***] in any metropolitan area within its local jurisdiction:

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

2(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.

1. The words “or to cases generally” omitted by Act 45 of 1978 sec. 6 (w.e.f.18-12-1978).
2. Subs. by Act 45 of 1978 sec. 6, for sub-section (3) (w.e.f. 18-12-1978).

STATE AMENDMENTS

Andhra Pradesh:

In section (2) of 18, for the words “not exceeding one year at a time” the words “not exceeding two years at a time” shall be substituted and to the sub-said section the allowing proviso shall he added, namely.

“Provided that a person who is holding the office of’ Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment.

[Vide A.P. Act 2 of 1992].

MAHARASHTRA:

In sub-section (1) of section 18 for the words “in any metropolitan area” the words “in one or more metropolitan areas” shall be substituted.

[Vide Maharashtra Act 23 of 1976, sec. 3 (w.e.f. 10-06-1976)]

19. Subordination of Metropolitan Magistrates.

(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.

(2) The High Court may, for the purposes of this Code, define the extent of the subordination if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

20. Executive Magistrates.

(1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have 1[such) of the powers of a District Magistrate under this Code or under any other law for the time being in force 2[as may be directed by the State Government].

(3) Whenever, in consequence of the office of a District Magistrate becoming, vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the order of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this code on the District Magistrate.

(4) The State Government may place an Executive Magistrate in charge of sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the sub-divisional Magistrate.

3[(4A) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.]

(5) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area.

1. Subs. by Act 45 of 1978 sec. 7. for “all or any” (w.e.f. 18-12-1978).

2. Ins. by Act 45 of 1978 sec. 7 (w.e.f. 18-12-1978).

3. Ins. by Act 25 of 2005, sec. 2.

STATE AMENDMENT

Uttar Pradesh:

In section 20 after sub-section (5), the following sub-section shall be inserted, namely.

“(6) The State Government may delegate its powers under sub-section (4) to the District Magistrate”

[Vide U.P. Act 1of 1984, section 5 (w.e.f. 1-5-1984)]

21. Special Executive Magistrates.

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit.

22. Local Jurisdiction of Executive Magistrates.

(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

23. Subordination of Executive Magistrates.

(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a Sub -division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an additional District Magistrate.

24. Public Prosecutors.

1[24. Public Prosecutors.

(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutor for conducting in such court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.

(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district, or local area.

(3) For every districts the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district:

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.

(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare, a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutor or Additional Public Prosecutors for the district.

(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).

(6) Not withstanding anything contained in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting, such Cadre:

Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by, the District Magistrate under sub-section (4).

2Explanation - For the purspose of sub-section,--

(a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post;

(b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.

(7) A person shall be eligible to be appointed as a public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.

(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor:

3["Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section."]

(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice, is a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.]

——————–

1. Subs. by Act 45 of 1978 sec. 8, for section 24 (w.e.f 18-12-1978).

2. Ins. by Act 25 of 2005, sec. 3 (w.r.e.f. 18-12-1978).

3. Ins. by Code of Criminal Procedure (Amendment) Act, 2008 (Act No. 5 of 2009, dt. 7.1.2009)

STATE AMENDMENTS

Bihar:

In section 24, for subsection (6) the following sub-section shall be substituted.

“(6) Notwithstanding anything contained in sub-section (5) where in a State there exists a in a State there exists a regular Cadre of prosecuting officers, the State Government may also appoint a Public Prosecutor from among the persons constituting such Cadre.-

[Vide Bihar Act 16 of 1984 sec. 2 (w.e.f. 24-8-1984)].

Haryana:

To Sub-section (6) of section 24, the following Explanation shall be added, namely.

“Explanation.For the Purpose of sub-section (6), the persons constituting the Haryana State Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B), shall be deemed to be a regular Cadre of Prosecuting Officers.

[Vide Haryana Act 14 of 1985, sec. 2].

Karnataka:

In section 24 of the Principle Act, in sub-section (1), -

(i) the words “or the State Government shall”, shall be omitted; and

(ii) for the words “appoint a Public Prosecutor” the words “or the State Government shall appoint a Public Prosecutor” shall be substituted.

[Vide Karnataka Act 20 of 1982, sec. 2 (w.e.f. 3-9-1981)].

Madhya Pradesh:

In section 24, -

(i) in sub-section (6), for the words, ‘rackets and figure “Notwithstanding anything contained in subsection (5)”, the words, brackets, letter and figures “Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6-A)” shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978;

(ii) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December 1978, namely:

“(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the person constituting the Cadre of Prosecution Officers in the State of Madhya Pradesh and the provisions of sub-section (4) and (5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under this sub-section”:

(iii) in sub-section (7), after the words, bracket and figure “sub-section (6)”, the words, brackets, figure and letter “or sub-section (6-A)” shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978: and

(iv). in sub-section (9), for the words, brackets and figure, “sub-section (7)”, the words, brackets, figures and letter “sub-section (6-A) and sub-section (7)” shall be substituted and shall be deemed to have been substituted with effect from 18th December 1978.

(Vide M.P. Act 21 of 1995, sec. 3 (w.e.f. 24-5-1995).

Maharashtra:

In section 24, -

(a) in sub-section (1), the words “after consultation with the High Court” shall be deleted;

(b) in sub-section (4), for the words “in consultation with the Sessions Judge” the words “with the approval of the State Government”, shall be substituted.

[Vide Maharashtra Act 34 of 1981 sec. 2 (w.e.f 20-5-1981)].

Rajasthan:

In section 24, for sub-section (6) shall be substituted by the following, namely.

“(6) Notwithstanding anything contained in sub-section (5), wherein a State there exists a regular Cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such Cadre.”

[Vide Rajasthan Act 1 of 1981, sec. 2 (w.e.f. 10-12-1980)].

Tamil Nadu:

In section 24 -

(a) in sub-section (6), after the expression “sub-section (5)” insert the following. Namely.

“But subject to the provisions of sub-section (6-A)”:

(b) After sub-section (6), insert the following sub-section namely.

“(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public

Prosecutor for the district from among the persons constituting the Cadre of Prosecuting Officers in the State of, Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply, to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section.”

(c) “In sub-section (7), after the expression “sub-section (6)” insert “or sub-section (6A)”.

[Vide T.N. Act 42 of 1980 sec. 2 (w.e.f 1-12-1980)].

Uttar Pradesh:

In section 24, -

(a) In subsection (1) after the words “Public Prosecutor” the words and one or more Additional Public Prosecutors shall be inserted and be deemed always to have been inserted.

(b) After sub-section (6), the following sub-section shall be inserted and be deemed always to have been inserted, namely.

“(7) For the purpose of sub-sections (5) and (6), the period during which a person has been in practice as a pleader, or has rendered service as a Public Prosecutor, shall be deemed to be the period during which such person has been in practice as an advocate.

[Vide U.P. Act 33 of 1978, sec. 2 (w.e.f. 9-10-1978)].

In section 24, -

(a) In sub-section (1), the words “after consultation with the High Courts” shall be omitted;

(b) Sub-sections (4), (5) and (6) shall be omitted;

(c) In subsection (7), the words “or sub-section (6)” shall be omitted.

[Vide U.P. Act 18 of 1991, sec. 2 (w.e.f 16-2-1991)].

West Bengal:

In subsection (6) of section 24, for the words “shall appoint a Public Prosecutor or an Additional Public Prosecutor only” the words “may also appoint a Public Prosecutor or an Additional Public Prosecutor” shall be substituted.

[Vide W.B. Act 26 of 1990.]

In Sub-section (6) of’ section 24, the proviso shall be omitted.

[Vide, W.B. Act 25 of 1992].

25. Assistant Public Prosecutors.

(1) The State Government shall appoint in every district one or more Assistant public Prosecutors for conducting prosecutions in the courts of Magistrates.

1[(1A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the courts of Magistrates]

(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.

(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case:

Provided that a police officer shall not be so appointed-

(a) If he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted: or

(b) If he is below the rank of Inspector.

1. Ins. by Act 45 of 1978, sec. 9 (w.e.f.18-12-1976).

STATE AMENDMENTS

Orissa:

In subsection (2) of- section 25, the following proviso shall be inserted, namely.

“Provided that nothing in this sub-section shall be construed to prohibit the State government from exercising its Control over Assistant Public Prosecutor through police officers.

[Vide Orissa Act 6 of' 1995 (w.e.f 10-3-1995).

Uttar Pradesh:

In subsection (2) of' section 25, the following proviso shall be inserted and be deemed always to have been inserted, namely.

"Provided that nothing in this subsection shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers."

[Vide U.P. Act 16 of 1976. sec. 5 (w.e.f 30-4-1976)].

West Bengal:

For subsection (3) of section 25, the following sub-section shall be substituted, namely.

“(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case.

(a). Where the case is before the court of Judicial Magistrate in any area in sub-division, where the headquarters of the District Magistrate are situated, by the District Magistrate; or

(b). Where the case is before the court a Judicial Magistrate in any area in sub-division, other than the sub-division referred to in clause (a), wherein the headquarters of the Sub-divisional Magistrate are situated, by the Sub-divisional Magistrate; or

(c). Where the case is before the court of a Judicial Magistrate in any area, other than the area referred to in clauses (a) and (b), by the local officer (other than police officer) specially authorized by the District Magistrate in this behalf.

Explanation. For the purposes of this sub-section, -

(i) “advocate” shall have the same meaning as in the Advocates Act, 1961 (5 of 1961);

(ii) “local officer” shall mean an officer of the State Government in any area, other than the area referred to in clauses (a) and (b).

[Vide W.B. Act, 17 of 1985, sec. 3].

25A. Directorate of Prosecution.-

1[Directorate of Prosecution. (1)The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.

(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court.

(3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State.

(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.

(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1), or as the case may be, sub-section (8), of section 24 to conduct cases in the High Court shall be subordinate to the Director of Prosecution.

(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 to conduct in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 25 shall be subordinate to the Deputy Director or Prosecution.

(7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify.

(8) The provisions of the section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.]

———————-

1. Ins. by Act 25 of 2005, sec. 4.

26. Courts by which offences are triable.

Subject to the other provisions of this Code,-

(a) Any offence under the Indian Penal Code (45 of 1860) may be tried by-

(i) the High Court, or

(ii) the Court of Session, or

(iii) any other court by which such offence is shown in the First Schedule to be triable;

1["Provided that any ["offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code"] (45 of 1860) shall be tried as far as practicable by a Court presided over by a woman.”]

(b) Any offence under any other law shall, when any court is mentioned in this behalf in such law, be tried by such court and when no court is so mentioned, may be tried by.

(i) the High Court, or

(ii) any other court by which such offence is shown in the First Schedule to be triable.

STATE AMENDMENT

Uttar Pradesh:

In section 26 for clause (b), the following clause shall be substituted, namely.

(b) Any offence under any other law may be tried-

(i) when any Court is mentioned in this behalf in such law, by such court, or by any court superior in rank to such court, and

(ii) when any court is so mentioned, by any court by which such offence is shown in the First Schedule to be triable, or by any court superior in rank to such court.

[Vide U.P. Act 1 of 1984. sec. 6 (w.e.f. 1-5-1984)].

——————–

1. Ins. by Code of Criminal Procedure (Amendment) Act, 2008 (Act No. 5 of 2009, dt. 7.1.2009)

2. Inserted by Section 11 of ‘The Criminal Law (Amendment) Act, 2013?

27. Jurisdiction in the case of juveniles.

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of sixteen years, may be tried by the court of’ a Chief- Judicial Magistrate, or by any court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

28. Sentences which High Courts and Sessions Judges may pass.

(1) A High Court may pass any sentence authorized by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High court.

(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

29. Sentences, which Magistrates may pass.

(1) The court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

(2) The court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees, or both.

(3) The court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.

(4) The court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

STATE AMENDMENT

Punjab:

After section 29, the following section shall be inserted, namely.

“29A. Sentences which Executive Magistrate may puss. An Executive Magistrate may pass a sentence of imprisonment of a term not exceeding three years or of fine not exceeding five thousand rupees, or both.

[Vide Punjab Act 22 of 1993 (w.e.f. 27-6-1993)].

30. Sentence of imprisonment in default of fine.

(1) The court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term-

(a) is not in excess of the powers of the Magistrate under section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.

31. Sentence in cases of conviction of several offences at one trial.

(1) When a person is convicted at one trial of two or more offences, the court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefor which such court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment, which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher court:

Provided that-

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;

(b) the aggregate punishment shall not exceed twice the amount of punishment, which the court is competent to inflict for a single offence.

(3) For the purpose of ‘appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

32. Mode of conferring powers.

(1) In conferring powers under this Code, the High Courts or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally by their official titles.

(2) Every such order shall take effect from the date on which is communicated to the person so empowered.

33. Powers of officers appointed.

Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the nature, within a like local area under the same State Government, he shall, unless the High court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

34. Withdrawal of Powers.

(1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this code on any person or by any officer subordinate to it.

(2). Any Powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

35. Powers of Judge and Magistrates exercisable by their successors-in-office.

(1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.

(2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Session Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceeding or order there under, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.

(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be successor-in-office of such Magistrate.

36. Powers of superior officers of police.

Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

37. Public when to assist Magistrates and police.

Every person is bound to assist a Magistrate or police officer reasonably demanding his aid-

(a) in the taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest; or

(b) in the prevention or suppression of a breach of the peace; or

(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

38. Aid to person other than police officer, executing warrant

When a warrant is directed to a person other than a police officer, any person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

39. Public to give information of certain offences.

(1) Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely :-

(i) sections 121 to 126, both inclusive, and section 130 (that is to say offences against the State specified in Chapter VI of the said Code);

(ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code);

(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);

(iv). sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

(v) sections 302, 303 and 304 (that is to say, offences affecting life);

1[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc);]

(vi) section 382 (that is to say., offence of theft after preparation made for causing, death, hurt or restraint in order to the committing of the theft);

(Vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);

(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

(ix) sections 431 to 439, both inclusive (that is to say, offence of mischief against property);

(x) sections 449 and 450 (that is to say, offence of house-trespass);

(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house trespass); and

(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).

Shall, in the abstence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention;

(2) For the purposes of this section, the term “offence” includes any act committed at any place out of India, which would constitute an offence if committed in India.

1. Ins. by Act 42 of 1993, sec. 33 (w.e.f. 22-5-1993).

40. Duty of officers employed in connection with the affairs of a village to make certain report.

(1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may posses respecting :-

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village:

(b) the resort to any place within, or the passage through, such village any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender;

(c) the Commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143, section 144, section 145 , section 147 or section 148 of the Indian Penal Code (45 of 1860).

(d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any; person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person.

(e) the Commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Indian penal Code (45 of 1 860), namely, sections 231 to 238 (both inclusive), section 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 457, to 460 (both inclusive), section 489A, 489B, 489C and 489D;

(f) any matter likely to affect the maintenance of order of the prevention of crime or the safety of person or property respecting which the District Magistrate by general or special order made with the previous sanction of the State Government, has directed him to communicate information.

(2) In this section, -

(i) “village” includes village-lands.

(ii) the expression “proclaimed offender” includes any person proclaimed as all offender by any court or authority in any territory in India to which this code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, section 302, 304, 382, 392 to 399 (both inclusive), section 402, 435, 436, 449, 450 and 457 to 460 (both inclusive).

(iii) the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.

1. Ins. by Act 42 of 1993, sec. 33 (w.e.f. 22-5-1993).

41. When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person :-

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

(c)who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under subsection (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of person specified in section 109 or section 110.

42. Arrest on refusal to give name and residence.

(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

43. Arrest by private person and procedure on such arrest.

(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

44. Arrests by Magistrate.

(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

45. Protection of members of the Armed Forces from arrest.

(1) Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.

(2) The State Government may, by notification, direct that the provisions of subsection (1) shall apply to Such class or category of the members of the Force charged with the maintenance of’ public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression” Central Government” occurring therein, the expression “State Government” were substituted.

STATE AMENDMENT

Assam:

For Sub-section (2) of section 45, the following sub-section shall be substituted, namely:-

“(2) The State Government may, by notification, direct that the provisions of subsection (1) shall apply.

(a) to such class or category or category of the members of’ the Forces charged with the maintenance of public order, or

(b) to such class or category of other public servants [not being persons to whom the provisions of sub-section (1), apply] charged with the maintenance of public orders, as may be specified in notification, whenever, they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “state Government” were substituted.

[Vide President's Act 3 of 1980, sec. 2 (w.e.f. 5-6-1980)].

46. Arrest how made.

(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.

1[(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.]

CrPc (Amendment) Act, 2005 (Notes on Clauses)

Sub-section (4) has been added to prohibit arrest of a woman after sunset and before sunrise except in exceptional circumstances and where such circumstances exist the prior permission of the Judicial Magistrate of the first class is to be obtained.

1. Ins. by Act 25 of 2005, sec. 6.

47. Search of place entered by person sought to be arrested.

(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him such free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purposes, and demand of admittance duly made, he cannot otherwise obtain admittance

Provided that, if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

(3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

48. Pursuit of offenders into other jurisdictions.

A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

49. No unnecessary restraint.

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

50. Person arrested to be informed of grounds of arrest and of right to bail.

(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

50A. Obligation of person making arrest to inform about the arrest, etc. to a nominated person.

(1) Every police officer or other person making any under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may as may be disclosed or nominated by the arrested person for the purpose of giving such information.

(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.

(3) An entry of teh fact as to who has been informed of the arrest of such person shall be made in a book to be kept in teh police station insuch form as may be prescribed in this behalf by the State Government.

(4) It shall be the duty of teh magistrate before whom such arrested person is produced to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied within respect of such arrested person.

Cr PC Amendment Act 2005 (Notes on clauses)

Section 50A requires the police to give information about the arrest of the person as well as the place where he is being, held to any one who may be nominated by him for sending such information.

51. Search of arrested persons.

(1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to, furnish bail.

The officer making the arrests or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe Custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.

(2). Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

52. Power to seize offensive weapons.

The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

53. Examination of accused by medical practitioner at the request of police officer.

(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting, at the request of a police officer not below the rank of sub-inspector, and for- any person acting in good faith in his aid and -under his direction, to make such all examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.

1[Explanation. – In this section and in sections 53A and 54,-

(a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case;

(b) “registered medical practitioner” means a medical practitioner who possess any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 and whose name has been entered in a State Medical Register.]

CrPc (Amendment) Act, 2005 (Notes on Clauses)

Explanation seeks to explain the meaning of the expressions “examination” and “registered medical practitioner” appearing in sections 53A and 54.

Subs. by Act 25 of 2005, sec. 8, for “Explanation.- In this section and in section 54, “registered medical practitioner” means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and whose name has been entered in a State Medical Register”.

53A. Examination of person accused of rape by medical practitioner.

153 A. Examination of person accused of rape by medical practitioner. – (1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of this person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.

(2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:-

(i) the name and address of the accused and of the person by whom he was brought,

(ii) the age of the accused,

(iii) marks of injury, if any, on the person of the accused,

(iv) the description of material taken from the person of the accused for DNA profiling, and”.

(v) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be noted in the report.

(5) The registered medical practitioner shall, without delay, forward the report of the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.]

CrPc (Amendment) Act, 2005 (Notes on Clauses)

Section 53A seeks to provide for a detailed medical examination of a person accused of an offence of rape or an attempt to commit rape by the registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner by any other registered medical practitioner.

———————-

1. Ins. by Act 25 of 2005, sec. 9.

54. Examination of arrested person by medical practitioner at the request of the arrested person.

1[(1)] When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.

2[(2) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.]

CrPc (Amendment) Act, 2005 (Notes on Clauses)

Section 54 has been amended to provide that a copy of the report of the medical examination of the arrested person should also be furnished by the registered medical practitioner to the arrested person or his nominee, after his medical examination has been conducted.

State Amendment

Uttar Pradesh:

In section 54, the following sentence shall be inserted at the end, namely:-

“The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost.”

[Vide Uttar Pradesh Act 1 of 1984, sec. 7 (w.e.f. 1-5-1984)].

After section 54, the following section shall be inserted, namely:-

“54-A. Test identification of the accused.- When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any Court having jurisdiction, it shall be lawful for an Executive Magistrate acting at the instance of such Court, to hold test identification of the person arrested.”

[Vide Uttar Pradesh Act 1 of 1984, sec. 8 (w.e.f. 1-5-1984)

1. Section 54 renumbered as sub-section thereof by Act 25 of 2005, sec. 10.

2. Ins. by Act 25 of 2005, sec. 10.

54A. Identification of person arrested

1[54A. Identification of person arrested:- Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit.]

CrPc (Amendment) Act, 2005 (Notes on Clauses)

Section 54 A empowers the Court to direct specifically the holding of the identification of the arrested person at the request of the prosecution.

2["Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with:

Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.".]

——————————————-

1. Ins. by Act 25 of 2005, sec. 11.

2. Inserted by Section 12 of ‘The Criminal Law (Amendment) Act, 2013′

55. Procedure when police officer deputes subordinate to arrest without warrant

(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41.

56. Person arrested to be taken before Magistrate or officer in charge of police station.

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

57. Person arrested not to be detained more than twenty-four hours.

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court.

58. Police to report apprehensions.

Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

59. Discharge of person apprehended.

No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.

60. Powers, on escape, to pursue and re-take.

(1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

(2) The provisions of section 47 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

61. Form of summons.

Every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the court.

62. Summons how served.

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the court issuing it or other public servant.

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

63. Service of summons on corporate bodies and societies.

Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed, to have been effected when the letter would arrive in ordinary course of post.

Explanation:- In this section “corporation” means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act.1860 (21 of 1860).

64. Service when persons summoned cannot be found.

Where the person summoned cannot, by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Explanation :- A servant is not a member of the family within the meaning of this section.

65. Procedure when service cannot be effected as before provided.

If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

66. Service on Government servant.

(1) Where the person summoned is in the active service of the Government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed: and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the court under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

67. Service of summons outside local limits.

When a court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

68. Proof of service in such cases and when serving officer not present.

(1) When a Summons issued by a court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62, or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the court.

69. Service of summons on witness by post.

(1) Notwithstanding anything contained in the preceding section of this Chapter, a court issuing a summons to a witness may in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.

(2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the court issuing the summons may declare that the summons has been duly served.

STATE AMENDMENT

Andaman and Nicobar Islands and Lakshadweep:

In section 69, -

(a) in sub-section (I), after the words “lo be served by registered post” the words “or of’ the substance thereof to be served by wireless message” shall be inserted.

(b) in subsection (2), for the words “that the witness refused to take delivery of the summons” the words “or a wireless messenger that the witness refused to take delivery, of’ the summons or the message, as the case may, be” shall be substituted.

[Vide Regulation 6 of' 1977. sec. 2 (w.e.f 17-11-1977)].

70. Form of warrant of arrest and duration.

(1) Every warrant of arrest issued by a court under this Code shall be in writing, signed by the presiding officer of such court and shall bear the sea] of the court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

71. Power to direct security to be taken.

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the court the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state-

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;

(c) the time at which he is to attend before the court.

(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the court.

72. Warrants to whom directed.

(1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.

(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.

73. Warrant may be directed to stay persona.

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71.

74. Warrant directed to police officer.

A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

75. Notification of substance of warrant.

The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

76. Person arrested to be brought before court without delay.

The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person:

Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court.

77. Where warrant may be executed.

A warrant of arrest may be executed at any place in India.

78. Warrant forwarded for execution outside jurisdictions

(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.

(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person.

79. Warrant directed to police officer for execution outside jurisdiction.

(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police Officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the court which issued it.

80. Procedure of arrest of person against whom warrant issued.

When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.

81. Procedure by Magistrate before whom such person arrested is brought.

(1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the court which issued the warrant, direct his removal in custody to such court:

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail or security as the case may be, and forward the bond, to the court which issued the warrant:

Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 437), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 78 to release such person on bail.

(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71.

STATE AMENDMENT

Uttar Pradesh:

In sub-section (1) of’ section 81, the following third proviso shall be inserted, namely.

“Provided also that where such person is not released on bail or where he fails to give such security as aforesaid, the Chief Judicial Magistrate in the case on a non-bailable offence or any Judicial Magistrate in the case of a bailable offence may pass such orders as he thinks fit for his custody till such time as may be necessary for his removal to the court which issued that warrant.”

[Vide U.P. Act 1 of 1984, sec. 9 (w.e.f. 1-5-1984)].

82. Proclamation for person absconding.

(1) If Any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:-

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or home-stead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of the Court house,

(ii) the court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in Clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).]

CrPc (Amendment) Act, 2005 (Notes on Clauses)

Sub-sections (4) and (5) empower the Court to make the declaration that the person is a proclaimed offender where he fails to appear at the specified place and time mentioned in the proclamation issued under sub-section (1) in relation to offences under sections 302, 304, 364 etc., of the Indian Penal Code.

Ins, by Act 25 of 2005, sec. 12.

83. Attachment of property of person absconding.

(1) The court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,–

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local jurisdiction of the court,

It may order the attachment simultaneously with the issue of the proclamation.

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the collector of’ the district in which the land is situate, and in all other cases-

(a) by taking possessions or

(b) by the appointment of’ a receiver; or

(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

84. Claims and objections to attachment.

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the even of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 83, in the court of the Chief Judicial Magistrate of the district in which the attachment is made.

(3) Every such claim or objection shall be inquired into by the court in which it is preferred or made:

Provided that, if it is preferred or made in the court of a Chief judicial Magistrate, he may, make it over for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under subsection (1) may, within a period of one year from the date of such order, institute a suit to establish the right which the claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.

85. Release, sale and restoration of attached property.

(1) If the proclaimed person appears within the time specified in the proclamation, the court shall make an order releasing the property from the attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been disposed of under that section; unless it is subject to speedy and natural decay, or the court considers that the sale would be for the benefit of the owner, in either of which cases the court may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought before the court by whose order the property was attached, or the court to which such court is subordinate, and proves to the satisfaction of- such court that he did not abscond or conceal himself for the purpose of avoiding, execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying there from all costs incurred in consequence of the attachment, be delivered to him.

86. Appeal from order rejecting application for restoration of attached property.

Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the court to which appeals ordinarily lie from the sentences of the first-mentioned court.

87. Issue of warrant in lieu of, or in addition to, summons.

A court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest-

(a) if either before the issue of summons, or after the issue of the same but before time fixed for his appearance, the court sees reason to believe that he has absconded or will not obey the summons; or

(b) if, at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

88. Power to take bond for appearance.

When any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant, is present in such court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such court, or any other court to which the case may be transferred for trial.

89. Arrest on breach of bond for appearance.

When any person who is bound by any bond taken under this Code to appear before a court, does not appear, the officer presiding in such court may issue a warrant directing that such person be arrested and produced before him.

90. Provisions of this Chapter generally applicable to summons and warrants of arrest.

The provisions contained in this Chapter relating to a summons and warrants, and their issue. Service, and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

91. Summons to produce document or other thing.

Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed -

(a) to affect, sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers, Books Evidence Act, 1891(13 of 1891), or

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.

92. Produce as to letters and telegrams.

(1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Sessions or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or court may require postal or telegraph authority, as the case may be, or deliver the document, parcel or thing to such person a the Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of police or District Superintendent of police, wanted for any such purpose, he may require the postal or telegraph authority, as the case nay be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1)..

93. When search warrant may be issued.

(1) (a) where any court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or

(b) where such document or thing is not known to the Court to be in the possession of any person, or

(c) where the court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection,

it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) The court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorize any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

94. Search of place suspected to contain stolen property, forged documents, etc.

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorize any police officer above the rank of a constable-

(a) to enter, with such assistance as may be required, such place,

(b) to search the same in the manner specified in the warrant,

(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies,

(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,

(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.

(2) The objectionable articles to which this section applies are-

(a) counterfeit coin;

(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);

(c) counterfeit currency note; counterfeit stamps;

(d) forged documents;

(e) false seals;

(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);

(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

95. Power to declare certain publications forfeited and to issue search warrants for the same.

(1) Where-

(a) any newspaper, or book, or

(b) any document,

Wherever printed appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153 A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the news paper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any, Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.

(2) In this section and in section 96, -

(a) “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867):

(b) “document” includes any painting, drawing or photograph, or other visible representation.

(3) No order passed or action taken under this section shall be called in question in any court otherwise than in accordance with the provisions of section 96.

96. Application to High Court to set aside declaration of forfeiture.

(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may within two months from the date of publication in the official Gazette of such declaration, apply to the High court to set aside such declaration on the ground that the issue of the newspaper, or the books or the other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95.

(2) Every such application shall, where the High Court consists of three or more, Judges be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.

(3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper, may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper in respect of which the declaration of forfeiture was made.

(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (I) of section 95, set aside the declaration of forfeiture.

(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

97. Search for persons wrongfully confined.

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

98. Power to compel restoration of abducted females.

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge or such child, and may compel compliance with such order, using such force as may be necessary.

99. Direction, etc., of search warrants.

The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97.

100. Persons in charge of closed place to allow search.

(1) Whenever any place liable to search of inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 47.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witness; but no person witnessing a search under this section shall be required to attend the court as a witness of the search unless specially summoned by it.

(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).

101. Disposal of things found in search beyond jurisdiction.

When, in the execution of a search-warrant at any place beyond the local jurisdiction of the court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such court, in which case the list and things shall be immediately taken before such Magistrate; and unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such court.

102. Power of police officer to seize certain property.

(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances, which create suspicion of the Commission of any offence.

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.

1(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be, conveniently transported to the Court 2[ or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigational], he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as and when required and to give effect to the further orders of the Court as to disposal of the same:]

1. Ins. by Act 45 of 1978, sec. 10 (18-12-1978).

103. Magistrate may direct search in his presence.

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.

104. Power to impound document, etc., produced.

Any court may, if it thinks fit impound any document or thing produced before it under this Code.

105. Reciprocal arrangements regarding processes.

(1) Where a court in the territories to which this Code extends (hereafter in this section referred to as the said territories desires that-

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or

(d) a search warrants,

1[issued by it shall be served or executed at any place, -

(i) within the local jurisdiction of a court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 68 shall apply in relation to such summons as if the presiding officer of the court to whom it is sent were a Magistrate in the said territories;

(ii) in any country of place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such court, Judge or Magistrate, and sent to such authority for transmission, as the Central Government may, by notification, specify in this behalf.]

(2) Where a court in the said territories has received for service or execution-

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other things or to produce it, or

(d) a search warrant.

1[issued by--

(i) a court in any State or are in India outside the said territories

(ii) a court, Judge or Magistrate in a contracting State,

It shall cause the same to be served or executed] as if it were a summons or warrant received by it from another court in the said territories for service or execution within its local Jurisdiction; and where

(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by sections 80 and 81;

(ii) a search warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101:

2[Provided that in a case where a summons or search warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the court issuing the summons or search warrant through such Authority as the Central Government may, by notification, specify in this behalf.]

1. Subs by Act 32 of 1988, sec. 2, for certain words (w.e.f. 25-5-1988).
2. Ins. by Act 32 of 1988, sec. 2 (w.e.f. 25-5-1988).

105A. CHAPTER II-A

1 RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

1. Chapter VIIA (containing Sections 105A to 105L) Ins. by Act 40 of 1993, sec. 2 (w.e.f. 20-7-1994).

Definitions:-In this Chapter, unless the context otherwise requires, -

(a) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;

(b) “identifying” includes establishment of a proof that the property was derived from, or used in, the Commission of an offence;

(c) “proceeds of crime,” means any property derived or obtained directly or indirectly by any person as a result of criminal activity (including crime involving currency, transfers) or the value of any such property;

(d) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such properly or assets derived or used in the Commission of an offence and includes property obtained through proceeds of crime;

(e) “tracing” means determining the nature source, disposition, movement, title or ownership of property.

105B. Assistance in securing transfer of persons

(1) Where a court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate, through such authority, as the Central Government may, by notification, specify in this behalf and that court, Judge or Magistrate, as the case may be, shall cause the same to be executed.

(2) Not withstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a Person who is in any place in a contracting State is required in connection with such investigation or inquiry and the court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such court, Judge or Magistrate, in such form as the Central Government by notification, specify in this behalf, to cause the same to be served or executed.

(3) Where a court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that court or before any other investigating agency, issued by a court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another court in India for execution within its local limits.

(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the court in India or the Central Government may impose such conditions as that court or Government deems fit.

(5) Where the person transferred to India pursuant to sub-section (1), or sub-section (2) is a prisoner in a contracting State, the court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing.

105C. Assistance in relation to orders of attachment or forfeiture of property.

(1) Where a court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105D to 105J (both inclusive).

(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the court may issue a letter of request to a court or an authority in the contracting State for execution of such order.

(3) Where a letter of request is received by the Central Government from a court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the court, as it thinks fit, for execution in accordance with the provisions of sections 105D to 105J (both inclusive) or, as the case may be, any other law for the time being in force.

105D. Identifying unlawfully acquired property.

(1) The court shall, under subsection (1), or on receipt of a letter of request under sub-section (3) of section 105C, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an offence mentioned in sub-section (1) in accordance with such directions issued by the said court in this behalf.

105E. Seizure or attachment of property

(1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practical to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said court, within a period of thirty days of its being made.

105F. Management of properties seized or forfeited under this Chapter.

(1) The court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an administrator of such property.

(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of section 105E or under section 105H in such manner and subject to such conditions as may be specified by the Central Government.

(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property, which is forfeited to the Central Government.

105G. Notice of forfeiture of property.

(1) If as a result of the inquiry, investigation or survey under section 105D, the court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earning or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

105H. Forfeiture of property in certain cases

(1) The court may, after considering the explanation, if any, to the show-cause notice issued under section 105G and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime:

Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the court or represent his case before it within a period of thirty days specified in the show-cause notice, the court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.

(2) Where the court is satisfied that some of the properties referred to in the show cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub-section (1).

(3) Where the court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances.

(4) Where any shares in a company stand forfeited to the Central Government under this section, then the company shall, notwithstanding any thing contained in the Companies Act. 1956 (1 of 1956) or the articles of association of the company, forthwith register the Central Government as the transferee of such shares.

105-I. Fine in lieu of forfeiture

(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.

(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.

(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 105h and thereupon such property shall stand released.

105J. Certain transfers to be null and void.

Where after the making of an order under sub-section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central government under section 160H, then the transfer of such property shall be deemed to be null and void.

105K. Procedure in respect of letter of request.

Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.

105L. Application of this Chapter.

The Central Government may, by notification in the Official Gazette, direct that the application of’ this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.]

106. Security for keeping the peace on conviction.

(1) When a court of Session or court of a Magistrate of the first class convict a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the court may, at the time of passing sentences on such person, order him to execute a bond, with or without sureties, for keeping the peace of such period, not exceeding three years, as it thinks fit.

(2) The offences referred to in sub-section (1) are-

(a) Any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence, punishable under section 153A or section 153B or section 154 thereof-,

(b) Any offence which consists of, or includes, assault or using criminal force or committing mischief-,

(e) Any offence of criminal intimidation;

(d) Any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

(3) If the conviction is set-aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an Appellate court or by a court when exercising its powers of revision.

107. Security for keeping the peace in other cases.

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of’ the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1[with or without sureties] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.

1. Ins. by Act 45 of 1978, section. 11 (w.e.f. 18-12-1978).

108. Security for good behaviour from persons disseminating seditious matters.

(1) When 1[an executive Magistrate] receives information that there is within his local jurisdictions any person who, within or without such jurisdiction -

(i) either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate or abets the dissemination of-

(a) any matter the publication of’ which is punishable under section 124A or section 153A or section 153B or section 295A of’ the Indian Penal Code (45 of’ 1860), or

(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defarmation under the Indian Penal Code

(ii) makes Produces, Publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860),

And the magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

(2) No proceeding shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

1. Subs. by Act 63 of 1980, sec. 2, a for “Judicial Magistrate” (w.e.f. 23-9-1980).

109. Security for good behaviour from suspected persons.

When 1[an Executive Magistrate] receive information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding, one year, as the Magistrate thinks fit.

1. Subs. by Act 63 of 1980, sec.2 for ” Judicial Magistrate” (w.e.f. 23-9-1980)

110. Security for good behaviour from habitual offenders.

When 1[an Executive Magistrate] receives information that there is within his local jurisdiction a person who-

(a) is by habit a robber, house-breaker, thief, or forger, or

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbours thieves, or aids in the concealment of disposal of stolen property, or

(d) habitually commits, or attempts to commit, or abets the Commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under section 489A, section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the Commission of, offences, involving, a breach of the peace, or

(f) habitually commits, or attempts to commit, or abets the commission of-

(i) any offence under one or more of the following Acts, namely:

(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);

2[(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);]

(c) the Employees, Provident Funds 3[and Family Pension Fund] Act, 1952 (19 of 1952);

(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954);

(e) the Essential Commodities Act, 1955(10 of 1955);

(f) the Untouchability (Offences) Act, 1955 (22 of 1955)

(g) the Customs Act, 1962 (52 of 1962) or

4[(h) the Foreigners Act, 1946 (31 of 1946); or]

(ii) any offence punishable under any other law providing for the prevention of hoarding of profiteering or of adulteration of food or drugs or of corruption, or

(g) is so desperate and dangerous as to render his being at large without security hazardous to the community.

Such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years as the Magistrate thinks fit.

1. Subs. by Act 63 of 1980, sec.2 for ” Judicial Magistrate” (w.e.f. 23-9-1980)

2. Subs. by Act 56 of 1974, sec 3 and second Sch., for item (b) (w.e.f. 20-12-1974).

3. Ins. by Act 56 of 1974, sec. 3, and second Sch. (w.e.f. 20-12-1974).

4. Ins. by Act 25 of 2005, sec. 14.

111. Order to be made.

When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

112. Procedure in respect of person present in court.

If the person in respect of whom such order is made is present in court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

113. Summons or warrant in case of person not so present.

If such person is not present in court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the court;

Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to far the Commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

114. Copy of order to accompany summons or warrant.

Every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111 , and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

115. Power to dispense with personal attendance.

The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.

116. Inquiry as to truth of information.

(1) When an order under section 111 has been read or explained under section 112 to a person in court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113 the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons case.

(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of’ breach of the peace or disturbance of the public tranquility or the Commission of any offence or for the public safety, may, for reason to be recorded in writing direct the per son in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded:

Provided that -

(a) no person against whom proceedings are not being taken over under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour;

(b) the conditions of such bond, whether as to the amount thereof or as to the provisions of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order undersection 111

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the Community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt within the same or separate inquiries, as the Magistrate shall think just.

(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:-

Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

117. Order to give security.

If, upon such inquiry, it is proved that it is necessary for keeping, the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly:

Provided that-

(a) No person shall be ordered to give security of a nature different from, or of air amount larger than, or for a period longer than, that specified in the order made under section 111.

(b) The amount of every, bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;

(c). When the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

118. Discharge of person informed against.

If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or if such person is not in custody shall discharge him.

119. Commencement of period for which security is required.

(1) If any person, in respect of whom an order requiring security is made under section 106 or section 117, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

120. Contents of bond.

The bond to be executed by any such person shall bind keep him to the peace or to be of good behaviour, as the case may be and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be commit, is a breach of the bond.

121. Power to reject sureties.

(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purpose of the bond:

Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an enquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate him.

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before, a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the Surety is an unfit person for the purposes of’ the bond, he shall make an order refusing to accept or rejecting, as the case may be, Such surety and recording his reasons for so doing-,

Provided that before making all order rejecting an surety who has previously been, accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.

122. Imprisonment in default of security.

(1) (a) If any person ordered to give security under section 106 or section 117 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison or if he is already in prison, be detained in prison until such period expires or until within such period gives the security to the court or Magistrate who made the order requiring it.

(b) If any person after having executed a 1[bond without sureties] for keeping the peace in pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond, such Magistrate or successor- in-office may after recording, the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law.

(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be before such court.

(3) Such court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.

(4) If security has been required in the course of the same proceeding, from two of more persons in respect of any one of whom the proceedings are referred to the Sessions Jude under Sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of subsections (2) and (3) shall in that event, apply to the case of such other person also except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.

(5) A Sessions Judge may in his discretion transfer any proceeding, laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.

(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the court of Magistrate who made the order, and shall await the orders of such court or Magistrate.

(7) Imprisonment for failure to give security for keeping the peace shall be simple.

(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108, be simple and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the court or Magistrate in each case directs.

1. Subs. by Act 25 of 2005, sec.15, for “bond with out sureties”.

123. Power to release persons imprisoned for failing to give security.

(1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other court, the 1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case], may make an order reducing the amount of the security or the number of sureties or the time for which security has been required.

(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.

(4) The State Government may prescribe the conditions upon which a conditional discharge may be made.

(5) If any condition upon which any person has been discharged is, in the opinion of the 1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117 or Chief Judicial Magistrate in any other case] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the 1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case].

(7) Unless such person gives security in accordance with the terms of the original order for the un-expired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the 1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may remand such person to prison to undergo Such unexpired portion.

(8) A person remanded to prison under sub-section (7) shall, subject to the provisions of’ section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the court or Magistrate by whom such order was made, or to its or his successor.

(9) The High Court or Court of Sessions may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and the 1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may make such cancellation where such bond was executed under his order or under the order of any other court in his district.

(10) Any surety for the peaceable conduct or good behaviour of another person, ordered to execute a bond under this Chapter may at any time apply to the court making such order to cancel the bond and on such application being made, the court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.

1. Subs. by Act 45 of 1978, sec 12. for “the Chief Judicial Magistrate” (w.e.f. 18-12-1978).

124. Security for unexpired period of bond.

(1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears or is brought before the Magistrate or court, the Magistrate or court shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same person description as the original security.

(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive), be deemed to be an order made under section 106 or section 117, as the case may be.

125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate1[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of’ sufficient means.

2[Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]

Explanation. For the purposes of this Chapter.

(a) minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;

(b) “Wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

3[(2) Any Such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.]

(3) If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month’s 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

(4) No wife shall be entitled to receive an 4allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

1. The words “not exceeding five hundred rupees in the whole” omitted by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).

2. Ins. by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).

3. Subs. By Act 50 of 2001, sec 2, for sub-section (2) (w.e.f. 24-9-200).

4. Subs. By Act 50 of 2001, sec 2, for “allowance” (w.e.f. 24-9-200).

STATE AMENDMENTS

Madhya Pradesh:

In section 125, in sub-section (1), for the words “five hundred rupees” the words m’ “three thousand rupees” shall be substituted.

[Vide M.P. (Act 10 of 1998), sec. 3 (w.e.f. 29-54998)] [Ed. This amendment has been I made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 W (Central Act 50 of 2001) whereby the words "not exceeding five hundred rupees in the I whole" have been omitted by sec. 2 (w.e.f. 24-9-2001)].

Maharashtra:

In section 125,-

(a) in sub-section (1),-

(i) for the words “not exceeding five hundred rupees” the words “not I exceeding fifteen hundred rupees” shall be substituted;

(ii) before the existing proviso, the following proviso shall be inserted, namely:-

Provided that, the Magistrate on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application:

Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrate ex parte, pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter:

Provided also that, subject to the ceiling laid down under this sub-section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent.”;

(iii) in the existing proviso, for the words “Provided that” the words

“Provided also that” shall be substituted;

(b) after sub-section (2), the following sub-section shall be inserted, namely:-

(2A) Notwithstanding anything otherwise contained in sub-sections (1) and (2), where an application is made by the wife under clause (a) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump-sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump-sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.”;

(c) in sub-section (3),-

(i) after the words “so ordered” the words, brackets, figures and letter “either under sub-section (1) or sub-section (2A), as the case may be,” shall be inserted;

(ii) after the words “each month’s allowance” the words “or, as the case may be, the lump-sum allowance to be paid in lieu of the monthly allowance” shall be inserted.

[Vide Maharashtra Act, 21 of 1999 sec. 2 (w.e.f. 20-4-1999)] [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) sec. 2 (w.e.f. 24-9-2001)].

Tripura:

In section 125, for the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted.

[Vide Tripura Act, 9 of 1999 sec. 2 (w.e.f. 9-4-1999}] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words" not exceed of five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f. 24-9-2001)].

STATE AMENDMENTS

West Bengal:

In Sub-section (1) -

For the words “five hundred rupees” the words “one thousand and five hundred rupees” shall be submitted.

(2) After the existing proviso, following proviso shall be inserted, namely.

“Provided further that where in any proceeding under this section it appears to the Magistrate that the wife referred o in clause (a) or the minor child referred to in clause (b) or the child (not being a married daughter) referred o in clause (c) or the father or the mother referred o in clause (d) is in need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the Magistrate may, on the application of the wife or the minor child or the child (not being a married daughter) or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding the expenses of the proceeding, and monthly during the proceeding such allowance as having regard to the income of such person, it may seem to the Magistrate to be reasonable.

[Vide West Bengal Act 25 of 1992 (w.e.f. 2-8-1993)] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words "not exceed of five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f, 24-9-2001)].

[Vide W.B. Act 25 of 1992 (w.e.f. 2-8-1993)

126. Procedure.

(1) Proceedings under section 125 may be taken against any person in any district-

(a) where he is, or

(b) where he or his wife resides, or

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

(2) All evidence to such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases:

Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the court, the Magistrate may proceed to hear and determine the case ex-parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.

(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.

127. Alteration in allowance.

1[(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.]

(2) Where it appears to the Magistrate that, in consequence of any decision of a competent civil court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.

(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-

(a) the woman has, after the date of such divorce, remarried; cancel such order as from the date of her remarriage;

(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order-

(i) In the case where such sum was paid before such order, from the date on which such order was made,

(ii) In any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman;

(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to 2[maintenance or interim maintenance, as the case may be] after her divorce, cancel the order from the date thereof.

(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom 3[ monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paid under section 125, the civil court shall take into account the sum which has been paid to, or recovered by, such person 4[as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of] the said order.

1. Subs. by Act 50 of 2001, sec. 3, for sub-section (1) (w.e.f. 24-9-2001).

2. Subs. by Act 50 of 2001, sec. 3, for “maintenance” (w.e.f. 24-9-2001).

3. Subs. by Act 50 of 2001, sec. 3, for ” monthly allowance has been ordered” (w.e.f. 24-9-2001).

4. Subs. by Act 50 of 2001, sec. 3, for “as monthly allowance in pursuance of” (w.e.f. 24-9-2001).

STATE AMENDMENT

Maharashtra: In section 127,-

(a) in sub-section (1), in the proviso, for the words ” five hundred rupees” the words “fifteen hundred rupees” shall be substituted;

(b) in sub-section (4),-

(i) for the words “monthly allowance”, where they occur for the first time, the words “maintenance allowance” shall be substituted;

(ii) after the words “monthly allowance”, where they occur for the second time the words “or, as the case may be, the lump-sum allowance” shall be inserted.

[Vide, Maharashtra Act 21 of 1999, sec. 3 (w.e.f.20-4-1999)] [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure ( Amendment) Act, 2001 (Central Act 50 of 2001) sec. 3 (w.e.f. 24-9-2001)].

Tripura: In section 127, in the proviso to sub-section (1), for the words “five hundred rupees”, the words ” one thousand five hundred rupees” shall be substituted.

[ Vide Tripura Act 9 of 1999, sec. 3 (w.e.f. 9-4-1999) ] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words " not exceeding five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f.24-9-2001)]

West Bengal:

In section 127, in the proviso to sub-section (1), for the words “five hundred rupees” the words “one thousand and five hundred rupees” shall be substituted.

[Vide West Bengal Act 14 of 1995, sec. 2 (w.e.f. 2-8-1995) ] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words " not exceeding five hundred rupees in the whole" have been omitted by section 2 (w.e.f. 24-9-2001)].

128. Enforcement of order of maintenance.

A copy of the order of 1[maintenance or interim maintenance and expenses of proceeding, as the case may be,] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to his guardian, if any, or to the person to 2[whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the 3[allowance, or as the case may be, expenses, due].

1. Subs by Act 50 of 2001, sec. 4, for “maintenance” (w.e.f. 24-9-2001).
2. Subs by Act 50 of 2001, sec. 4, for ” whom the allowance” (w.e.f. 24-9-2001).
3. Subs by Act 50 of 2001, sec. 4, for “allowance due” (w.e.f. 24-9-2001).

129. Dispersal of assembly by use of civil force.

(1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may, command any unlawful assembly or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty, of the members of such assembly to disperse accordingly.

(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.

130. Use of armed forces to disperse assembly.

(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.

(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may, direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

131. Power of certain armed force officers to disperse assembly.

When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law, but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the Magistrate as to whether he shall or shall not continue such action.

132. Protection against prosecution for acts done under preceding sections.

(1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any Criminal Court except-

(a) with the sanction of the Central Government where such person is an officer or member of the armed forces;

(b) with the sanction of the State Government in an other case.

(2) (a) no executive Magistrate or police officer acting under any of the said sections in good faith;

(b) no person doing any act in good faith in compliance with a requisition under section 129 or section 130;

(c) no officer of the armed forces acting under section 131 in good faith;

(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey,

Shall be deemed to have thereby, committed an offence.

(3) In this section and in the preceding sections of this Chapter, -

(a) the expression “armed forces” means the military, naval and air forces, operating as land forces and includes any other Armed Forces of the Union so operating;

(b) “officer,” in relation to the armed forces, means a person commissioned, Gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer of’ the armed forces a non-commissioned officer and a non-Gazetted officer.

(c) “member” in relation to the armed forces, means a person in the armed forces other than an officer.

133. Conditional order for removal of nuisance.

(1) Whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers –

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public; or

(b) that the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed or the keeping thereof regulated; or

(c) that the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,

Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within time to be fixed in the order-

(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or

(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or

(v) to fence such tank, well or excavation; or

(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order;

or, if he objects so to do, to appear before himself or some other Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

(2) No order duly made by a Magistrate under this section shall be called in question in any civil court.

Explanation. A “public place” includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

134. Service or notification of order.

(1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons.

(2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such persons.

135. Person to whom order is addressed to obey or show cause.

The person against whom such order is made shall -

(a) perform within the time and in the manner specified in the order, the act directed thereby; or

(b) appear in accordance with such order and show cause against the same.

136. Consequences of his failing to do so.

If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860,) and the order shall be made absolute.

137. Procedure where existence of public right is denied.

(1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter.

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent court; and if he finds that there is no such evidence he shall proceed as laid down in section 138.

(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.

138. Procedure where he appears to show cause.

(1) If the person against whom an order under section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.

(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

139. Power of Magistrate to direct local investigation, examination, and examination of an expert.

The Magistrate may, for the purposes of an inquiry under section 137 or 138-

(a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert.

140. Power of Magistrate to furnish written instructions, etc.

(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may-

(a) furnish such person with such written instruction as may seem necessary for his guidance;

(b) declare by whom the whole or any part of necessary expenses of the local investigation shall be paid.

(2) The report of such person may be read as evidence in the case.

(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.

141. Procedure on order being made absolute and consequences of disobedience.

(1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860).

(2) If Such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate’s local jurisdiction and if such other property is without such jurisdiction, the order shall authorize its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under this section.

142. Injunction pending inquiry.

(1) If a Magistrate making an order under section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction